Role  v 
Li 


THE  LIBRARY 
OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


GIFT  OF 

MacFarlane,  Schaefer  k  Haun 


Library 

Roland  H.  Miriford 

Los   Angsles 


FORMS 


RULES 


AND 


General   Orders  in   Bankruptcy 


COLLATED,  REVISED  AND  ANNOTATED  BY 

MARSHALL  S.  HAGAR, 

Of  the  New   York  Bar 


AND 


THOMAS  ALEXANDER, 

Clerk  of  the  United  States  District  Court  for  the  Southern  District  of  New  York 
and  United  States  Commissioner 


SECOND  EDITION 

BY 

MARSHALL  S.  HAGAR 


ALBANY,  N.  Y. 

MATTHEW  BENDER  &  COMPANY, 

INCORPORATED 
1916 


T 
19/6 


Copyright,  1910 
By  MATTHEW  BENDER  &  COMPANY 


Copyright,  19 16 
Bv  MATTHEW  BENDER  &  COMPANY 

INCORPORATED 


PREFACE  TO  SECOND  EDITION. 

Much  progress  has  been  made  in  bankruptcy  administration 
since  1910 ;  the  law  has  become  better  understood  and  appreciated 
by  the  community  at  large  and  its  machinery  brought  to  work 
more  smoothly;  the  Supreme  Court  has,  in  a  number  of  notable 
decisions,  cleared  up  many  mooted  questions  and  pointed  the  way 
to  a  broad  interpretation  of  the  statute  as  opposed  to  such  narrow 
construction  of  a  remedial  statute  as  would  deny  redress  for 
failure  to  observe  and  distinguish  with  minute  discernment  and 
precision  whether  the  remedy  by  review  would  lie  in  a  particular 
instance  under  sections  24-a,  24-b  or  25  of  the  Act.  So  also  the 
Circuit  Courts  of  Appeal  have  shown  a  leaning  toward  the  same 
broad  policy  in  widening  as  far  as  possible  the  time  limit  for 
proof  of  debt  and  in  allowing  amendments  of  informal  proofs 
after  expiration  of  time  limit. 

On  the  other  hand  the  practice  which  has  lately  grown  up  in 
large  commercial  centers  of  allowing  an  assignee  in  the  State 
Court,  presumably  of  the  debtor's  own  selection,  to  administer 
an  estate  after  the  filing  of  the  petition  in  bankruptcy  against  the 
debtor  has,  in  the  opinion  of  the  writer,  proven  in  actual  prac- 
tice, in  a  niajorit}^  of  cases,  detrimental  to  the  interests  of  cred- 
itors, and  it  is  sincerely  to  be  hoped  that  the  Courts  in  this 
respect  will  return  to  the  original  conception  of  the  purpose  and 
intent  of  the  Bankruptcy  Act. 

The  sudden  death  from  accident  of  Mr.  Thomas  Alexander,  the 
co-author  of  this  work,  removed  from  the  Federal  Court  of  New 
York  City  a  man  of  comprehensive  knowledge  of  Federal  law  and  of 
practice  and  procedure  under  the  Bankruptcy  Act  and  his  loss  is 
much  regretted. 

The  present  edition  has  followed  in  the  main  the  lines  and 
arrangement  of  the  former  edition  with  such  corrections  and 
changes  as  have  been  deemed  expedient  or  made  necessary  to 
accord  with  present  practice.     The  first   edition  was  published 

[iiil 

671593 


iv  PREFACE  TO  SECOND  EDITION. 

just  at  the  time  tlie  amendments  of  1910  became  effective  and 
before  the  practice  thereunder  had  become  settled.  Many  addi- 
tional forms  have  been  added  and  the  notes  greatly  extended  to 
comprise  the  large  number  of  decisions  reported  in  the  last  six 
years.  Editorial  notes  have  been  added,  also  the  rules  in  bank- 
ruptcy of  many  other  districts.  A  convenient  time  table  of  Proce- 
dure showing  the  time  allowed  for  the  performance  of  various  acts 
required  in  bankruptcy  practice  with  the  appropriate  reference  to 
the  Statute,  Rules  or  General  Orders  has  been  added  as  a  new 
feature,  and  it  is  believed  will  prove  useful. 

The  author  desires  to  express  his  grateful  acknowledgment  to 
Mr.  Alexander  Gilchrist,  Jr.,  and  Mr.  William  Tallman,  Clerk  and 
Deputy  Clerk  of  the  District  Court  of  the  United  States  for  the 
Southern  District  of  New  York  for  their  valuable  advice  in  the 
compilation  of  the  present  volume  and  to  those  members  of  the 
profession  who  have  so  kindly  contributed  new^  forms  or  made 
suggestions  for  the  improvement  of  the  book. 

New  York,  September,  1916. 

Marshall  S.  Hagar. 


PREFACE   TO  FIRST   EDITION. 

The  object  of  this  work  is  primarily  to  furnish  bankruptcy 
practitioners,  referees,  receivers  and  trustees  with  a  working  col- 
lection of  forms  and  precedents  useful  in  ordinary  practice  under 
the  Act.  Owing  to  the  great  diversity  of  construction,  usage  and 
practice  in  bankruptcy  in  various  parts  of  the  United  States,  it  is 
not  possible,  nor  would  we  attempt  to  furnish  a  set  of  forms  or 
precedents  which  would  be  acceptable  in  all  jurisdictions,  nor  to 
meet  the  exigencies  of  every  case.  The  official  forms  prescribed 
by  the  Supreme  Court  of  the  United  States  have  been  found  inade- 
quate to  the  needs  and  methods  of  modern  practice,  and  several 
have  been  held  by  the  courts  insufficient  and  demurrable.  How- 
ever, we  have  retained  and  included  all  of  the  official  forms  which 
are  still  used  and  found  suitable  for  their  purpose  in  a  district 
where  there  is  a  large  and  complicated  bankruptcy  business,  as 
e.  g.  in  the  Southern  District  of  New  York.  These  forms  are 
designated  by  the  word  ''  Official  "  under  their  respective  num- 
bers to  distinguish  them  from  the  other  forms  which  are  merely 
offered  as  suggestions  or  precedents  derived  from  long  experience 
in  variou'^  phases  of  bankruptcy  practice.  We  have  endeavored 
to  obtain,  so  far  as  possible,  forms  which  have  been  passed  upon 
by  the  courts  and  stood  the  test  of  judicial  approval.  Many  forms 
have  been  obtained  from  other  members  of  the  Bar,  to  whom  we 
acknowledge  our  great  indebtedness.  As  regards  arrangement,  it 
has  seemed  wise  to  collect  the  forms  under  a  system  of  titles  in 
somewhat  logical  sequence ;  a  feature  which  has  not,  so  far  as  we 
know,  heretofore  been  attempted  in  any  bankruptcy  treatise.  The 
amendments  of  1910  have  made  some  radical  changes  in  the  law 
necessitating  certain  changes  also  in  the  forms,  and  these  changes 
are  indicated  or  suggested  to  the  pleader. 

A.  secondary  object  we  have  hoped  to  obtain  is  to  furnish  a 
concise  compendium  of  decisions  and  authorities  to  date  in  the 
form  of  notes  appended  to  the  forms,  wherever  applicable.    The 

[V] 


VI 


PREFACE  TO  FIRST  EDITION. 


Bankruptcy  Act  in  complete  form  as  this  year  amended  is  also 
included,  with  that  portion  covered  by  the  amendment  indicated 
by  italics.  Another  section  is  devoted  to  the  General  Orders  of 
the  Supreme  Court  in  Bankruptcy,  with  annotations  thereon. 

Finally  we  have  collated  and  included  the  local,  "  Rules  in 
Bankruptcy  "  of  many  of  the  important  centers  throughout  the 
country,  and  this  feature  should  prove  a  great  convenience  to 
practitioners. 

New  York,  September,  1910. 

Marshall  S.  Hagar, 
Thomas  Alexander. 


TABLE  OF  CONTENTS. 


PART  I. 
PETITION  AND  ADJUDICATION. 

PAGE 

Form  Xo.     1.     Petition  in  Bankruptcy  by  Individual 4 

2.  Debtor's  Schedules,  Oath  and  Summary  Statement 5-18 

3.  Voluntary   Petition  by  Corporation  with   Resolution  by   Board  of 

Directors    23 

4.  Voluntary  Petition  of  Partnership 25 

5.  Voluntary  Petition  of  Partnership,  all  Partners  not  joining 27 

6.  Affidavit  of  Pauper  in  Voluntary  Proceedings 29 

7.  Involuntary  Petition  by  three  Creditors  against  Individual 30 

8.  Involuntary   Petition   against  a   Corporation 43 

9.  Involuntary  Petition  by  one  Creditor  against  a  Partnership 45 

10.  Subpoena  to  Alleged  Bankrupt 47 

11.  ^larshal's   Return   thereon 47 

12.  General  Appearance  of  Bankrupt  or  Creditor 49 

13.  Petition  of  Creditor  to  intervene 50 

14.  Order  allowing  Intervention 51 

15.  Admission  of  Bankruptcy  by  a  Corporation 53 

16.  Motion  to  dismiss  for  Defects  appearing  on  Face  of  Petition 55 

17.  Order  denying  Motion  to  dismiss  and  Notice  of  Settlement 56 

18.  Denial    of    Bankruptcy 57 

19.  General  Answer  of  Alleged  Bankrupt 58 

20.  Answer  alleging  more  than  twelve  creditors 60 

21.  Answer  of  Creditor 62 

22.  Demand  for  Jury  Trial 63 

23.  Order   for  Jury  Trial 65 

24.  Notice  of  Trial  in  Involuntary  Proceeding 66 

25.  Order  extending  Time  to  Answer 67 

26.  Consent  to  withdraw  Answer  and  for  Adjudication 68 

27.  Order   for   Adjudication   and   Reference 69 

28.  Order  of  Reference  in  Judge's  Absence 72 

29.  Order  of  Adjudication  by  Referee 73 

30.  Order    denying    Adjudication 74 

31.  Order    dismissing    Petition,    vacating   Receivership    and   Notice   of 

Settlement     75 

32.  Order  referring  Issues  to  Special  Master 77 

33.  Notice  of  Hearing  before  Special  Master 78 

34.  Exceptions  to  IMaster's  Report  on  Issues  of  Bankruptcy 79 

35.  Order  overruling  Report  of  Special  ^Master  dismissing  Petition,  etc.  80 

36.  Order  confirming  Report  of  Special  Master,  dismissing  Petition  and 

referring  Receiver's  Application  to  Special  Master 81 

37.  Respondent's  Bill  of  Costs  and  Notice  of  Taxation 83 

38.  Affidavit  and  Order  to  show  Cause  to  punish  Bankrupt  for  Failure 

to   file   Schedules 84 

39.  Order  that  Bankrupt  file  Schedules 86 

40.  Affidavit  to  List  of  Creditors,  prepared  bv  Petitioning  Creditors.  .  .  87 

[vii] 


viii  TABLE  Of  COiN TENTS. 

PAGE 

Form  No.  41.     Order  dismissing  Involuntary  Proceedings  by  consent 88 

42.  Petition  to  vacate  Adjudication  and  dismiss  Voluntary  Petition  for 

want  of  Jurisdiction 89 

43.  Petition  to  vacate  Adjudication  in  Involuntary  Proceedings 90 

44.  Petition  for  Service  by  Publication 92 

45.  Order  of  Publication   94 

46.  Petition   to   amend   Petition 95 

47.  Petition  to  transfer  Proceedings  to  another  District 98 

48.  Order  transferring  Proceedings  to  another  District 99 

PART  II. 

RECEIVER  IN  BANKRUPTCY  AND  CUSTODY  OF  PROPERTY  BY  MARSHAL. 

Form  Xo.  49.     Special  \\  arrant  to  Marshal  and  Return  thereon 102 

TjO.     Bond  to  Marshal  upon  Release  of  Property  to   Bankrupt 104 

51.  Bond  of  Petitioning  Creditor  upon  Seizure  by  Marshal 104 

52.  Petition  for  Appointment  of  Receiver  before  Adjudication 105 

53.  Order  appointing  Receiver  before  Adjudication  and  Injunction....  107 

54.  Consent  of  Bankrupt  to  Appointment  of  Receiver 110 

55.  Bond  of  Petitioning  Creditor  upon  Appointment  of  Receiver Ill 

56.  Petition  that  Bond  of  Petitioning  Creditor  be  increased 113 

57.  Order  denying  Petition  to  inci-ease  Bond 115 

58.  Petition  for  Appointment  of  Receiver  after  Adjudication  by  Referee 

and  Consent  of  Creditors  thereto 116 

59.  Order  appointing  Receiver  after  Adjudication 117 

60.  Bond  of  Receiver    118 

61.  Petition  for  Order  reducing  Amount  of  Receiver's  Bond  and  Order 

thereon     120 

02.  Petition  by  Receiver  to  employ  Counsel 12r 

03.  Affidavit  of  Attorney  thereon 122 

04.  Order  authorizing  Receiver  to  employ  Counsel 123 

65.  Petition  by  Receiver  to  continue  Business  of  Bankrupt 124 

66.  Order  authorizing  Receiver  to  continue  Business  of  Bankrupt 125 

67.  Petition  by  Receiver  to  discliarge  Liens 126 

08.     Order    discharging    Liens 127 

69.  Order  that  Receiver  complete  Contracts 128 

70.  Affidavit  by  Receiver  for  Leave  to  begin  Suit 129 

71.  Order  authorizing  Receiver  to  sue 130 

72.  Order  authorizing  Receiver  to  join  in  Bankruptcy  Proceeding 131 

73.  Order  allowing  Suit  against  Receiver 132 

74.  Order  directing  Delivery  of  Assets  by  Receiver  to  Trustee 133 

75.  Report  of  Receiver 134 

76.  Receiver's  Final  Account  and  Oath 137 

77.  Notice  of  Hearing  upon  Receiver's  Accounts  before  Special  Master  140 

78.  Kxceptions  to  Receiver's  Accounts 141 

79.  Petition  for  Allowance  by  Attorney  for  Receiver 142 

80.  Report  of  Special  Master  on  Receiver's  Account 143 

81.  Notice  of  ^lotion  to  confirm  Report  of  Special  Master  on  Receiver's 

.\cc()unt?<     145 

82.  Order  confirming  Report  of  Special  Master  on  Receiver's  Accounts.  146 

83.  Order   confirming    Report    and   directing   Payment   by    Petitioning 

Creditors  upon  Dismissal  of  Involuntary  J'etition 148 


TABLE  OF  CONTENTS. 


IX 


FoBM  No.  84. 
85. 
86. 

87. 
88. 
89. 

90. 


PAGE 

Order  vacating  Appointment  of  Receiver 149 

Petition  to  issue  Receiver's  Certificates 151 

Order  authorizing  Issuance  of  Receiver's  Certificates 152 

Answer  of  Lienor  to  Receiver's  Petition  to  issue  Certificates 155 

Receiver's  Certificate 156 

Petition  for  Appointment  of  Ancillary  Receiver  in  Court  of  Ancil- 
lary Jurisdiction    159 

Order   appointing  Ancillary   Receiver 162 


PART  III. 
PROCEEDINGS  BEFORE  REFEREE  AFTER  ADJUDICATION. 

Form  No.    91.     Referee's  Oath  of  Office 165 

92.  Bond    of    Referee 165 

93.  Notice    of    Adjudication 166 

94.  Order  for  first  Meeting  of  Creditors  after  thirty  Days 167 

95.  Notice  of  first  Meeting  of  Creditors 168 

96.  Short  Form  of  Notice  used  in  Southern  District  of  New  York  by 

local  Rule    168 

97.  Affidavit  of  Publication  of  Notice  of  first  Meeting 169 

98.  Affidavit  of  mailing  same 170 

99.  List  of  Debts  proved  at  first  Meeting 171 

100.  Appointment   of  Trustee  by   Creditors 172 

101.  Appointment  of  Trustee  by  Referee 175 

102.  Notice  to  Trustee  of  his  Appointment 176 

103.  Order  approving  Trustee's  Bond 177 

104.  Order  that  no  Trustee  be  appointed 177 

105.  Notice  to  Trustee  to  file  Report 178 

106.  Order   appointing   Attorney   for   Trustee 179 

107.  Notice  of  defective  Proof  of  Claim 180 

108.  Petition  to  amend  Schedules 181 

109.  Order  allowing  Amendment  of  Schedules 182 

110.  Affidavit  of  Bankrupt  as  to  Exemptions 183 

111.  Order  allowing  Exemptions  when  no  Trustee  is  Appointed 184 

112.  Petition  by  Bankrupt  for  Review  of  Referee's  Order  on  Exemptions  185 

113.  Certificate  of  Falsity  of  Pauper  Affidavit 192 

114.  Order  that  Trustee  transfer  Copyright 193 

115.  Petition  for  Meeting  of  Creditors  to  consider  proposed  Compromise 

of    Controversy     194 

116.  Notice  to  Creditors  of  Special  Meeting 195 

117.  Order   allowing   Compromise 196 

118.  Petition  for  Meeting  Creditors  to  indemnify  Trustee 197 

119.  Petition  to  compel  Bankrupt  to  turn  over  concealed  Assets 198 

120.  Summary  Order  that  Bankrupt  turn  over  concealed  Assets 203 

121.  Petition  to  re-examine  Fee  of  Bankrupt's  Attorney 204 

122.  Order  for  Repayment  by  Attorney 205 

123.  Exceptions  to  Referee's   Order 207 

124.  Petition  to  review  Referee's  Order 208 

125.  Referee's  Certificate  on  Review  211 

126.  Order  dismissing  Petition  to  review  Referee's  Order 212 

127.  Referee's   Certificate   of   Contempt   for    Failure  to   obey   summary 

Order    213 


X  TABLE  OF  CONTENTS. 

PAGE 

FOBM  No.  128.     Eeferee's  Certificate  for  Failure  of  Witness  to  appear 214 

129.  Eeferee's  Certificate  closing  Proceeding  for  Lack  of  Prosecution..   215 

130.  Referee's  Certificate  of  Disqualification 216 

131.  Order  substituting  new  Eeferee 217 

132.  Petition  for  Appointment  of  Appraisers 218 

133.  Appointment,  Oatli  and  Eeport  of  Appraisers 219 

134.  Petition  of  Appraisers  for  Allowance  for  Services 220 

135.  Order  declaring  first  Dividend  and  Dividend  Sheet 222 

136.  Notice  of  Dividend  and  Warrant 224 

137.  Order  that  Trustee  pay  to  Creditor  Dividend  heretofore  declared.  .    225 

138.  Notice  of  final  Meeting 226 

139.  Order  passing  Trustee's  Account  and  declaring  Dividend 227 

140.  Order  fixing  Allowance  of  Bankrupt's  Attorney 228 

141.  Eeferee's  Certificate  of  Indemnity 230 

142.  Petition  and  Order  for  Eedeniption  of  Property  from  Lien 231 

143.  Petition  for  Order  of  Protection 232 

144.  Order  of  Protection 233 

PART  IV. 
PROOFS  OF  DEBT  AND  PROCEEDINGS  FOR  ALLOWANCE  OF  CLAIMS. 

Form  No.  H.").     Proof    of    unsecured    Debt 235 

146.  Proof   of   secured   Debt 241 

147.  Proof  of  Debt  due  Corporation 244 

148.  Proof  of  Debt  by  Partnership 245 

149.  Proof  of  Debt  by  Agent  or  Attorney " 247 

150.  Proof  of  secured  Debt  by  Agent  or  Attorney 248 

151.  Proof  of  Debt  by  Municipality  for  Taxes  and  Notice 249 

152.  Proof  of  Priority  Claim  for  Wages 251 

153.  Proof  of  Debt  by  Trustee  in  Bankruptcy 252 

154.  Affidavit  of  lost  Bill  or  Note 253 

155.  General  Letter  of  Attorney  in  Fact 254 

156.  Acknowledgment  to  Letter  of  Attorney  by  Member  of  Partnership.   255 

157.  Acknowletlgment  to  Letter  of  Attorney  by  Corporation 256 

158.  Special  Letter  of  Attorney 256 

159.  Objections  to  Proof  of  Debt 258 

160.  Petition  that  Proof  of  Debt  be  re-examined 260 

161.  Order  for  Ee-examination  of  Claim 262 

162.  Notice  to   Claimant   thereon 263 

163.  Notice  by  Order  to  show  Cause.   (Substitute  for  Form  No.  162)  .  .  .    264 

164.  Order  expunging  or  reducing  Proof  of  Debt 265 

165.  Order  allowing  Proof  of  Debt 266 

166.  Order  for  Li(iuidation  of   Claim 272 

167.  Petition  for  Payment  of  priority  Claims  and  Schedule  thereof.  .  .  .   273 

168.  Order  for  Payment  of  priority  Claims 279 

169.  Petition  to  review  Order  expunging  Proof  of  Debt 280 

170.  Petition  that  all  Claims  to  Securities,  etc.  be  filed  and  referred..   281 

171.  Order  to  show  Cause  thereon 283 

172.  "Omnibus"  Order  directing  that  Claims  to  Securities,  etc.  be  filed 

and  referred "?5 


TABLE  OF  CONTENTS.  xi 

PART  V. 

TRUSTEE    IN    BANKRUPTCY. 

PAGE 

Form  No,  173.     Bond    of    Trustee 289 

174.  Trustee's    first    Report 201 

175.  Trustee's  Report  of  exempted  Property 292 

176.  Exceptions  to  Trustee's  Report  on  Exemptions 293 

177.  Order  allowing  Exemptions  after  Trustee's  Report 294 

178.  Petition  of  Trustee  to  continue  Business  of  Bankrupt 295 

179.  Order  authorizing  Trustee  to  continue  Business 296 

180.  Petition  to  reject  Assets  as  burdensome 297 

181.  Order  allowing  Trustoe  to  reject  Assets 298 

182.  Trustee's  Bill  of  Sale 299 

183.  Trustee's  Deed  of  Real  Property 300 

184.  Trustee's  Affidavit  to  correct  Tax  Assessment 301 

185.  Order  requiring  Trustee  to  adopt  or  reject  Lease 302 

186.  Notice  of  Adoption  of  Lease  by  Trustee 303 

187.  Petition  by  Trustee  for  Leave  to  sue 304 

188.  Order  authorizing  Trustee  to  sue 305 

189.  Order  of  Federal  Court  permitting  Trustee  to  apply  to  intervene  in 

State  Court  Action 306 

190.  Affidavit  ot  Trustee  to  intervene 307 

191.  Order  in  State  Court  allowing  Intervention 308 

192.  Order  authorizing  Trustee  to  abandon  legal  Proceedings 309 

193.  Order  ratifying  Acts  of  Trustee 310 

.    194.     Petition  for  Removal  of  Trustee  and  Order  to  show  Cause  thereon  311 

195.  Order  for  Removal  of  Trustee 313 

196.  Resignation  of  Trustee 314 

197.  Order  for  Choice  of  new  Trustee 315 

198.  Notice  of  Meeting  to  elect  new  Trustee 316 

199.  Demand  for  Security  for  Costs  from  Trustee,  Plaintiff 317 

200.  Order  requiring  Trustee  to  furnisli  Security  for  Costs 318 

201.  Order  requiring  Trustee  to  file  final  Account 319 

202.  Trustee's  Return  of  no  Assets 320 

203.  Trustee's  Report,  final  Account  and  Oath  to  Same 321-323 

204.  Exceptions  to  Trustee's  Account 325 

205.  Petition  of  Attorney  for  Trustee  for  an  Allowance  for  Services  and 

for  a  Certificate  for  additional  Compensation.    (Local  Rule.)  .  .    327 

206.  Certificate  o'f  Referee  on  Application  for  additional  Compensation. 

( Local    Rule. ) 328 

207.  Order  allowing  additional  Compensation  to  Attorney  for  Trustee..  330 

208.  Trustee's    final    Report 331 

209.  Order    discharging    Trustee 332 

PART  VI. 

EXAMINATION   OF   WITNESSES   AND    DEPOSITIONS. 

Form  No.  210.     Petition  by  Receiver  for  Examination  under  Sec.  21-a  before  Special 

Commissioner    333 

211.  Order  for  Examination  thereon 335 

212.  Order    for    Examination    of    Bankrupt 339 

213.  Petition  by  Trustee  for  Order  of  Examination  of  Witness  and  for 

Subpoena    ^ 340 


Sil 


TABLE  OF  CONTENTS. 


PAGE 

FOBM  Xo.  214.     Order  for  such  Examination  and  that  Subpoena  issue 341 

215.  Petition  that  U.  >S.  Marshal  produce  Prisoner  for  Examination...    342 

21G.     Order  that  Marshal  produce  Prisoner  fur  Examination 343 

217.  Subpoena  to  appear  before  Special  Commissioner 344 

218.  Subpoena    Ticket    345 

219.  Summons  to  Witness  to  appear  before  Referee 346 

220.  Subpoena    Duces    Tecum 347 

221.  Return  of  Summons  to  Witness 34!) 

222.  Examination  of  Bankrupt  or  Witness 350 

223.  Petition  that  Witness  sign  Testimony  before  Referee 351 

224.  Order  that  Witness  sign  Testimony 352 

225.  Petition  for  Leave  to  obtain  Ancillary  Order  of  Examination 353 

226.  Order  granting  Leave  to  apply  for  Ancillary  Order  of  Examination  354 

227.  Petition  in  Court  of  Ancillary  Jurisdiction  for  Order  of  Exami- 

nation         355 

228.  Order  of  Examination  in  Court  of  Ancillary  Jurisdiction 356 

229.  Notice  of  taking  Deposition    (De  Bene  Esse) 357 

230.  Deposition   (De  Bene  Esse) 359 

231.  Certificate  of  Commissioner  or  Notary  Public  thereon 360 


PART  VII. 
SALES. 

PAOF 

FoBM  No.  232.     Petition   for   Appraisal   and   Sale   at   Auction  by   Receiver  before 

Adjudication     363 

233.  Order  for  Appraisal  and  Sale  before  Adjudication 364 

234.  Petition   for   Appraisal   and  Sale  by   Receiver   after   Adjudication 

upon  sealed  Bids 367 

235.  Order  for  Appraisal  and  Sale  after  Adjudication  upon  scaled  Bids  369 
236».     Notice  of  Auction  Sale  by  Receiver  370 

237.  Notice  of  Sale  by  Receiver  on  scaled  Bids 371 

238.  Petition  by  Receiver  for  Sale  of  perishable  Property 372 

239.  Notice  of  Sale  by  Trustee 373 

240.  Petition  for  private  Sale  by  Trustee 374 

241.  Order  for  private  Sale  by  Trustee 375 

242.  Petition  for  Sale  at  Auction  of  Real  Estate 376 

243.  Order  for  Sale  at  Auction  of  Real  Estate 377 

244.  Petition   to    Referee   for   Sale   of   perishable   Property,   and   Order 

thereon     378 

245.  Petition  and  Order  for  Sale  subject  to  Lien 380 

246.'   Notice  of  Sale.    (New  Jersey  Practice.) 381 

247.  Trustee's  Memorandum  of  "  Terms  of  Sale." 383 

248.  Petition  for  Sale  free  and  clear  of  Liens 385 

249.  Notice  of  Motion  for  Sale  free  and  clear  of  Liens 388 

250.  Order  directing  Sale  free  and  clear  of  Liens 390 

251.  Petition  to  confirm  Sale 394 

252.  Order     confirming    Sale 395 

253.  Notice  of  Taxation  of  Auctioneer's  Charges 397 

254.  Order  for  Resale  on  Default  of  former  Purchaser 398 

255.  Petition   to   vacate   Sale 309 

256.  Order  to  show  Cause  why  Sale  should  not  be  vacated 401 

257.  Order   vacating   Sale 403 


TABLE  OF  CONTENTS. 


Xlll 


PART  VIII. 
INJUNCTIONS  AND  RESTRAINING  ORDERS. 

PAGE 

FOBM  No.  2.58.     Petition  for  an  Injunction  other  than  a^jainst  Suit;^ 404 

250.     Order  to  show  Cause  for  an  Injunction 405 

260.  Injunction    Order 406 

261.  Order  stajing  Suit 412 

262.  Affidavit  by  Bankrupt  to  stay  Supplementary  Proceedings 413 

263.  Affidavit  to  stay  Sale  by   Trustee  of  mortgaged  Property  and  to 

modify  Injunction 414 

264.  Petition   to   modify  Injunction 416 

265.  Order    vacating    Stay. 419 

PART  IX. 
DISCHARGE    OF    BANKRUPT. 

Form  No.  266.      Bankrupt's   Petition   for   Discharge 421 

267.  Order  to  show  Cause  thereon 424 

268.  Affidavit  of  mailing  Petition  for  Discharge 425 

269.  Notice  for  Publication  of  Application  for  Discharge 426 

270.  Referee's  Certificate  on  Discharge 427 

271.  Order    of    Discharge 428 

272.  Notice  of   Appearance  of   objecting  Creditor 430 

273.  A-ffidavit  that  no  Specifications  have  been  filed 431 

274.  Specifications  of  Objection  to  Discharge 432 

275.  Exceptions  to  Specifications 445 

276.  Petition  to  amend  Specifications 446 

277.  Order  authorizing  Trustee  to  file  Objections 448 

278.  Order  of  Reference  to  Special  Master 449 

279.  Notice  of  Hearing  before  Special  Master 450 

280.  Report  of  Special  Master  upon  Specifications 452 

281.  Order  opening  Default  on  Discharge  Proceeding 455 

282.  Order  denying  Discharge  upon  Report  of  Special  Master 456 

283.  Petition  for  Extension  of  Time  to  apply  for  Discharge 457 

284.  Referee's  Certificate  on  such  Application 458 

285.  Order  extending  Time  to  apply  for  a  Discharge 459 

286.  Petition   to  revoke  Discharge 460 

287.  Order   revoking   Discharge 461 

288.  Affidavit  for  Cancellation  of  a  Judi^'mont  against  Bankrupt.     (New 

York  Practice )    464 

289.  Order  canceling  Judgment.      (New  York  Practice) 465 


PART  X. 
COMPOSITION   WITH    CREDITORS,   BEFORE   AND    AFTER   ADJUDICATION. 

Form  No.  290.     Off"er  of  Composition 468 

291.  Petition  for  Meeting  to  consider  Composition 470 

292.  Petition  for  Appointment  of  Referee  and  staying  Adjudication..  .  .  471 

293.  Order  appointing  Referee  and   staying  Adjudication 472 

294.  Notice  of  Meeting  to  consider  Composition  before  Adjudication.  .  .  .  47'* 

295.  Acceptance  of  Offer 47  V 

296.  Petition  to  deposit  Money  for  the  Purpose  of  Composition 47.i 

297.  Order    to    deposit    thereon 476 


XIV 


TABLE  OF  CONTENTS. 


PAGE 

Form  Xo.29S.     Certificate  of  Deposit 477 

21t9.     Application  for  Confirmation  of  Composition 479 

300.  Order  to  sliow  Cause  on  Petition  for  Confirmation 480 

301.  Notice  to  Creditors  of  Confirmation 481 

302.  Referee's   Certificate  thereon 482 

303.  Order  confirming  Composition  and  making  Distribution 483 

304.  Notice  of  Appearance  of  objecting  Creditor 487 

305.  Specifications  of  Objection  to  Confirmation  of  Composition 488 

306.  Exceptions   to   Specifications 491 

307.  Report  of  Special  Master  on  Specifications 492 

308.  Order    refusing    Confirmation    of    Composition    upon    Report    of 

Master 493 

309.  Petition  to  set  aside  a  Composition 494 

310.  Order  setting  aside  a  Composition 497 

PART  XI. 

RECLAMATION    PROCEEDINGS. 

PAGE 

FOBM  Xo.  311.     Demand  in  Reclamation 498 

312.  Petition  to  reclaim  Property,  on  Account  of  false  Representations.  499 

313.  Notice  of  Motion  to  reclaim 504 

314.  Petition   to   reclaim   consigned    Goods 505 

315.  Answer   in    Reclamation 509 

316.  Bond  in  Reclamation  for  Possession  of  Property 510 

317.  Order   dismissing   Reclamation 512 

318.  Order  of  Reference  to  Special  Master 513 

319.  Report  of  Special  Master  in  Reclamation 514 

320.  Judgment  in  Reclamation  for  Delivery,  etc.,  upon  Report  of  Master  515 

321.  Bill  of  Costs  in  Reclamation  and  Notice  of  Taxation 517 


PART  XII. 

DISSOLUTION  OF  LIENS,  PUNISHMENT  FOR  CONTEMPT,  REOPENING  ESTATES 
AND  MISCELLANEOUS  MATTERS. 

Form  No.  322.  Affidavit  to  dissolve  Lien  of  Attachment 519 

323.  Notice  of  Motion  thereon 521 

324.  Order  dissolving  Lien  of  Attachment 522 

325.  Order  dissolving  Lien  of  Execution 525 

326.  Petition  to  dissolve  Lien  of  Garnishee  Order  upon  Bankrupt's  Earn- 

ings and  directing  Sheriff  to  pay 527 

327.  Notice  of  Motion  thereon 529 

328.  Order  dissolving  Lien  of  Garnishment,  modifying  Stay  and  directing 

Sheriff  to  pay  over  to  Trustee 530 

329.  Order   for   payment   of   SheriflT's   Fees   from   Proceeds   of   Property 

delivered  by  him  to  Receiver 532 

330.  Answer  of  Bankrupt  to  Rule  to  show  Cause  for  Contempt 534 

331.  Order  adjudging  Bankrupt  in  Contempt 535 

332.  Order  purging  of  Contempt 539 

333.  Petition  to  re-open  F.state 540 

334.  Order  re-opening  Estate 542 

335.  Petition  for  Allowance  by  Attorney  for  Petitioning  Creditors 543 


TABLE  OF  CONTENTS. 


XV 


PAGE 

FOBM  No.  336.     Answer  by  Assignee  for  Benefit  of  Creditors  to  Rule  to  show  Cause 

to  turn  over  Property  to  Federal  Officer .545 

337.  Order  designating  Depository  of  Bankruptcy  Funds 548 

338.  Bond  of  Depository 550 

339.  Referee's  Report  to  Clerk  under  Order  of  Attorney  General 551 


Form  No. 


340. 
341. 
342. 
343. 

344. 
345. 

346. 

347. 

348. 
349. 


PART  XIII. 

SUITS  BY  TRUSTEE  AT  LAW  AND  IN  EQUITY. 

Complaint  by  Trustee  upon  Promissory  Note 553 

Complaint  against  defaulting  Purchaser  for  Deficiency  upon  Re-sale.  556 

Bill  in  Eiquity  to  recover  a  Preference 558 

Bill  in  Equity  to  set  aside  a  Mortgage  made  within  four  Months' 

Period  and  where  Property  has  been  sold  free  and  clear  of  Liens.  560 

Complaint  in  State  court  Action  to  declare  Secret  Trust 571 

Complaint  in  State  Court  Action  to  set  aside  under  Sec.  70-e,  Bill  of 

Sale,  made  beyond  four  ^lonths'  Period 574 

Bill  in   Equity  to  recover   fraudulent  Transfer  and  alleging  Con- 
spiracy to  defraud 581 

Petition  by  Trustee  for  Leave  to  levy  Assessment  for  unpaid  Stock 

Subscriptions 586 

Order  directing  such  Assessment 589 

Complaint  to  recover  unpaid  Stock  Subscriptions 590 


PART  XIV. 
WRITS  AND  INDICTMENTS. 

FOBM  No.  350.     Petition  for  Order  in  Nature  of  Ne  Exeat 695 

351.  Order  in  Nature  of  Ne  Exeat 596 

352.  Bond  on  Ne  Exeat 598 

353.  Petition  for  Writ  of  Habeas  Corpus 600 

354.  Writ  of  Habeas  Corpus 602 

355.  Petition  for  Writ  of  Mandamus 603 

356.  Indictment  for  Conspiracy  to  conceal  Property  from  Trustee 604 

357.  Indictment  for  Perjury  in  Bankruptcy  Proceeding 607 


PART  XV. 

APPEALS,  PETITIONS  TO  REVIEW,  WRITS  OF  ERROR,  CERTIORARI  AND 

CERTIFICATES. 

FOBM  No.  358.     Petition  for  Appeal  to  Circuit  Court  of  Appeals  from  Order  Denying 

a  Discharge  and  Order  allowing  Same 612 

359.  Citation  on  Appeal 620 

360.  Assignment  of  Errors 621 

361.  Bond  on  Appeal 622 

362.  Notice  of  Filing  of  Bond  on  Appeal 624 

363.  Stipulation  as  to  Record  on  Appeal 625 

364.  Praecipe 626 

365.  Stipulation  as  to  Praecipe 627 

366.  Stipulation  as  to  the  Record 628 

367.  Order  Filing  Record 628 


xvi  TABLE  OF  CONTENTS. 

PAGE 

Form  Xo.  368.     Certification  bv  Clerk  of  Record  on  Appeal 629 

36!).     Appearance  of  Counsel 630 

370.  Order  amending  Record  on  Appeal 631 

371.  Order  amending  Printed  Record  and  directing  Printing  as  a  Part 

of  Original  Record 632 

372.  Petition  to  restore  Appeal  to  Calendar 633 

373.  Order  for  Mandate  634 

374.  Mandate 63.5 

375.  Order  on  Mandate 636 

376.  Decree  in  District  Court  after  Mandate  of  Reversal  in  Equity  Suit .  637 

377.  Petition  to  Review  under  Section  24-b 638 

378.  Notice  of  Filing  Petition  to  Review 646 

379.  Notice  of  Motion  for  Stay  pending  Review 647 

380.  Order    staying    Proceedings    pending    Petition    for    Review    under 

Sec.  24-b 648 

381.  Petition  for  Appeal  from  a  Circuit  Court  of  Appeals  to  the  Supreme 

Court  of  the  United  States 649 

382.  Order  allowing   Appeal   from   a   Circuit  Court  of   Appeals   to   the 

Supreme  Court  of  the  United  States 652 

383.  Petition  for  Writ  of  Error  from  the  Supreme  Court  to  a  Circuit 

Court  of  Appeals  652 

384.  Writ  of  Error  from  the  Supreme  Court  of  the  United  States  to  a 

Circuit  Court  of  Appeals 6.53 

385.  Petition  for  a  Writ  of  Certiorari  from  the  Supreme  Court  to  a  Cir- 

cuit Court  of  Appeals 656 

386.  Notice  of  Application  to  the  Supreme  Court  for  Writ  of  Certiorari.    658 

387.  Motion  for  Writ  of  Certiorari  from  the  Supreme  Court  to  a  Circuit 

Court  of  Appeals   659 

388.  Writ  of  Certiorari  from  the  Supreme  Court  to  a  Circuit  Court  of 

Appeals 660 

389.  Certificate  of  Question  of  Jurisdiction  by  District  Court  to  Supreme 

Court 661 

390.  Certificate  of  Question   of  Law  in  a  Bankruptcy  Proceeding  by  a 

Circuit  Court  of  Appeals  to  the  Supreme  Court 662 

Bankruptcy  Act  of  1S98  as  Amended 665-701 

Index  to  Bankruptcy  Act  of  1898 703-714 

General  Orders  of  the  Supreme  Court  in  Bankruptcy  with  Annotations  and  Illus- 
trative Cases 715-736 

Rules  in   P.ankruptcy,  Southern  District  of  New  York 739-748 

Rules  in  Bankruptcy,  Northern  District  of  New  York 749-756 

Rules  in  Bankruptcy,  Eastern  District  of  New  York 757-762 

Rules  in  Bankrupcty,  Western  District  of  New  Y'ork 763-772 

Rules  in  Bankruptcy,  District  of  Massachusetts 773-775 

Rules  in  Bankruptcy,  District  of  Connecticut 776-780 

Rules  in  Bankruptcy,  District  of  New  Jersey 781-792 

Rules  in  Bankruptcy,  Eastern  District  of  Pennsylvania 79.3-794 

Rules  in  Bankruptcy,  Western  District  of  Pennsylvania 795-800 

Rules  in  l?ankruptcy,  Allegheny  Co.  Dist.,  W.  D.  Pennsylvania 801-805 


TABLE  OF  CONTENTS. 


xvii 


r.ules 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

Pailes 

in 

Bankruptcy, 

Tailcs 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

Pailes 

in 

Bankruptcy, 

Ihiles 

in 

Bankruptcy, 

Ihiles 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

Rules 

in 

Bankruptcy, 

District  of  Maryland 806-809 

District  of  Columbia,  Supreme  Court 810-818 

Southern  District  of  Ohio 819-823 

District  of  Indiana »24-825 

Xorthern  District  of  Illinois,  E.  D S26-829 

Eastern  District  of  Missouri 830-837 

District  of  Nebraska 838-840 

District  of  Colorado 841-843 

Northern  District  of  Texas 844-84!) 

Northern  District  of  Alabama 850-858 

Eastern   District  of  Louisiana 850-866 

Western  District  of  Washington,  E.  D 867-860 

District  of  Oregon 870-871 

Northern  District   of  California 872-873 

Soutliern  District  of  California 874-875 


Convenient  Time  Table  of  Procedure. 876-877 


General  Index 


879 


TABLE  OF  CASES  CITED. 

[References   are   to    pages.] 


A. 
Aarons  &  Co.,  In  re  Sol,  502,  503. 
Abbey    Press,    In   re,   217,   336,    716,    722, 

725.    728,    730. 
Abbott   V.   Anderson   et  al.,   46. 
Abbott   V.    Anderson,    486. 
Abram,  In  re,   179. 
Abrams,  In  re,   190. 
Abrams,   In   re,   277. 
Abrams  &  Rubins,  In  re,  486,  496. 
Abrahamson  &  Bretstein,  In  re,  109,  336. 
Aiiraliamson  &  Fichhandler,  In  re,  268. 
Acme  Food  Co.  v.  Meier,  59. 
Acme    Harvester    Co.    v.    Beekman    Lum- 
ber Co.,  70,   161,  409. 
Acritelli,   In   re,   394. 

Adamo,  In  re,  195. 

Adams,   In   re,   266. 

Adams,   In   re,   434. 

Adams  Sartorial  Co.,  In  re,   103,   139. 

Adams  v.  Decker  Valley  Lumber  Co.,  615. 

Adler,  In  re,   199. 

Adler,   In   re,   200. 

Adler,   In   re,  409,  443. 

Adler,  In  re,  407,  601,  722,  732. 
Adler  v.  Jones,  489,  732. 
Adsit  V.   Butler,   319. 

Aetna  Cotton  Mills  Co.,  In  re,  269. 

Agnew,  In  re,  422. 

Aiello  V.  Crampton,  566. 

Alaska    Fishing    &    Development    Co.,    In 
re,    154. 

Albrecht,    In    re,    433,    732. 

Aldcn,   In   re,   392. 

Alden,   In   re,   640. 

Alden  Electric  Co.,  In  re,  619,  630. 

Alexander   v.    Union   Surety    &   Guaranty 
Co.,  290. 

Alex,    In    re,    188. 

Alkon   V.   United  States,  609. 

Alleman,   In    re,   436. 

Allen,   In  re,   724. 

Allen,  In   re,   278. 

Allen,  Trustee  v.  Grant,  593. 

Allen,  Trustee  v.   Gray,  567. 

Allen  v.  Gray  et  al.,  579. 


Allen  v.  McMannes,  567,  570,  581. 

Allgair  v.  W.  F.  Fisher  &  Co.,  402,  730. 

Allison   Lumber   Co.,  In   re,  547. 

All  Star   Feature  Corp.,  In  re,  275. 

Almond  v.  Hammond,  400. 

Alpor,  In  re,  348,  602. 

Alphin  &   Lake  Cotton   Co.,  In   re,  200. 

Alphin  &  Lake  Cotton  Co.,  In   re,  338. 

Altman,   In   re,  29. 

Alton  ]\Ifg.  Co.,  In  re,  109. 

Altonwood  Park  Co.  v.  Gwynne,  92. 

Alvord,  In  re,  437,  438. 

Amer,  In   re,  457,   722. 

Ameratis,  In  re,  278. 

American    Agricultural    Chemical    Co.    v. 

Berry,  443. 
American    Agricultural    Chemical    Co.    v. 

Brinkley,    33. 
American    Architects'    Tube    Co.,    In    re, 
392. 

American  Brewing  Co.,  In  re,  70. 

American    Construction    Co.    v.    Jackson- 
ville, etc.,  657. 

American   Elect.   Tel.   Co.,   In   re,  224. 

American    Guarantee   &    Security    Co.,   In 
re,  54. 

American    Knit    Goods    ^Ifg.    Co.,    In    re, 
502. 

American    Lumber,    etc.,    Co.    v.    Taylor, 
570. 

American  Machine  Works,  In  re,  506. 

American    Steel    &    Wire    Co.    v.    Coover, 
72. 

American   Surety   Co.   v.   Freed,   326. 

American  Trust  Co.  v.   Wallis,  200. 

American    Woolen    Co.   v.    Cohen,   486. 

Amos,   In   re,   189,  294,   724. 

Amundson    v.    Folsom,   270 

Anderson,  In  re,  185. 

Anderson,    In    re,    191. 

Anderson,   In   re,   229. 

Anderson,   In   re,   459.  ' 

Anders    Push    Button    Telephone    Co.,    In 
re,    326. 

Andre,   In   re,   523. 

Andrews,  In  re,  240,    56S. 


[xix] 


XX 


TABLE  OF  CASES. 


[References  ar 

Andrews,  In  re,  336. 

Andrews   &   Simonds,   In   re,  186,  189, 190. 

Angeny,  In   re,  507. 

Anger  Baking  Co.,  In  re,  267. 

Ankeny,   In   re,   261. 

Ansley  Bros.,  In  re,   188,  571. 

Anson  Mercantile  Co.,  In  re,   174. 

Antigo    Screen    Door  Co.,    In   re,   644. 

Appel,  In   re,  598. 

Appel  Suit  &  Cloak  Co.,  In  re  J.  S.,  503, 

507. 
Arctic  Ice  Machine  Co.  v.  Armstrong  Co. 

Trust    Co.,    508. 
Arenson,  In   re,   439. 
Argonaut  Shoe  Co.,  In  re,  224. 
Armour  &  Co.  v.  Miller,  97,  98. 
Armstrong,   In    re,    568. 
Armstrong    v.    Fernandez,    38,    96,    650, 

736. 
Armstrong  v.    Fisher,    719,    728. 
Arnao,  In   re,  442. 
Arnold   &   Co.,   In   re,   259,   261. 
Arnold  Grocery  Co.   v.    Shackelford,   564. 
Arnold  v.    Oliver,   466. 
Arnold  Yeast  Co.,  In  re  Otto  F.,  277. 
Arrington  Co.,  In  re,  489. 
Arrington  v.  Arrington,  444. 
Arrington  v.  Arrington,  462. 
Arti-Stain  Co.,  In  re,  209,  727,  730. 
Asclienhach   Co.,  In  re  Chas.  W.,   139. 
Associated  Trust,  In  re   The,   34. 
Atchison,  T.  &  S.  F.  E.  R.  Co.  v.  Hurley, 

303. 
Atliens  Xat.  Bank  v.  Shackelford,  580. 
Atherton   v.   Green,   269. 
Atlantic  Skirt  Mfg.  Co.   v.   Jacohs,   443. 
Atlantic  Construction   Co.,    In    re,    478. 
Atlantic  Dynamite   Co.   v.    Rcger,   463. 
Atwater,  In  re,   199. 
Audubon    v.    Shufeldt,   269. 
Auerbach,  In  re,  202. 
Augsperger,   In   re,   440. 
•  Augusta  Grocery  Co.  v.   Soutlicrn   Moline 

Plow  Co.,  508. 
Automatic    ilusical   Co.,   In   re,   ."537,   536. 
Averick,  In  re,  199. 
Averill,  In  re,  229. 
Ayres  v.  Cone,  52,  238,  259. 

B. 

Ral)bitt  V.  Head,   594. 
Babbitt  v.   Read,  594. 


e  to  pages.] 
Babbitt  v.   Kelly,  568. 
Babbitt,  Trustee  v.  Dutcher  &  anc,  161. 

MS. 
Baber,  In  re,   179. 
Back   Bay   Auto   Co.,   In   re,   169. 
Bacon,  In  re,  199. 
Bacon,   In   re,   437. 
Bacon  &  Sons,  In  re  J.,  478. 
Bacon  v.   Roberts  210. 
Baerncopf,  In  re,   435,  446,  447. 
Baginsky,  Michel   &  Co.,   In  re,   324. 
Bailey,  In  re,  526,  565. 
Baird  &  Co.,  In  re,  238,  240. 
Baker,  In  re,  209. 
Baker,  In  re,  601,  602,  732. 
Baker,  In  re,  643,  645. 
Baker  &  Edwards,  In  re,  727. 
Baker  Notion  Co.,  In  re,  240. 
Baker-Ricketson  Co.,  In   re,  54 
Baker  Ice   Machine  Co.  v.   Bailey,   508. 
Baker  Ice    Machine    Co.    v.    Bailey,    613, 

736. 
Baldwin,  In  re,  447. 
Ball,   In   re,   37,   41. 
Ballance,   In   re,   495. 
Eallentyne  v.   Smith,  402. 
Ballou,  In   re,  201. 

Bank  of  Anderson  v.  Gudger,  Recr.,  516. 
Bank   of   Clinton   v.   Kendert,   616. 
Bank  of  Dearltorn   v.    IMatney,    32. 
Bank  of  Xez  Perce  v.  Pindel,   186. 
Bank    of    Ravenswood    v.    Johnson,    536, 

728,  730. 
Bank  of  Wayne  v.  Gold,  270. 
Banzai   Mfg.   Co.,  In   re,   537,   546. 
Barber,  In  re,  392. 
Barber  v.   Coit,  579. 
Barde  &   Leavitt,  In  re,  489,   490. 
Bardes    v.    First    Nat.    Bank    of    Hawar- 

den,  568. 
Bardes    v.    First    Nat.    Bank    of    Hawar- 

den,  664. 
Bardes  v.  Hawardon   Bank,  580. 
Barnes   v.  Pampel,  643. 
Barnet,  In   re,  733. 
Barr   v.   Sofranki,   60. 
Barrager,   In   re,   431,   4.33,   733. 
Barrett.    In   re,    191. 
Barrett,   In   re,  549. 
Barrett  v.  Prince,  601,   732. 
Bartlett  v.  United  States,  610. 
Barton's   Est.,    In    re,   541,    (523. 


TABLE  OF  CASES. 


XXI 


L  References 

Basch,  In  re,  408. 

Basha  &  Son,  In  re,  239. 

Bassett  v.  Thackara,  429. 

Batchelder  v.  Home  Xat.  Bank,  567. 

Batchelder    &    Co.    v.   Wedge,   524. 

Bates   Machine  Co.,  In   re,  53. 

Baudouine,  In  re,  436. 

Baudouine,  In  re,  436. 

Baughman,    In    re,    187. 

Baughman,  In  re,   326. 

Baughman,   In   re,   411,   526. 

Baum,  In  re,  200. 

Baiiman    Diamond    Co.    v.   Hart,   93,    109, 

110. 
Baumblatt,   In    re,   275. 
Baumhauer,  In   re,  259. 
Baumhauer  v.  Austin,  259. 
Baxter  &  Co.,  In  re,  544. 
Bayler,  In  re,  324. 
Bay  State  Milling  Co.,  In  re,  615. 
Bazemore,  In   re,  508. 
Beach    v.   Macon    fJrocery    Co.,   96. 
Beach  v.  ]Macon  Grocery  Co.,   108,   139. 
Bean,  In  re,  186,   190. 
Beasley   v.   Coggins,   578,   580. 
Beatty  v.  Anderson  Coal  Mine  Co.,  42. 
Beauchamp,   In   re,    190. 
Beaver  Coal  Co.,   In   re,  524. 
Beaver  Knitting  Mills,  In  re,  267. 
Beck,   In   re,    174. 
Becker,  In  re,  365. 
Becker,   In   re,   374. 
Becker,   In   re,   436. 
Becker   &   Co.,   In   re   August,   274. 
Beckhaus,   In    re,    571. 
Beddingfield,    In    re,    36,    52. 
Beebe,  In  re,  435. 
Beerman,  In   re,   98. 
Beers   v.  Hanlin,   34,  268. 
Beiermeister  Bros.   Co.,   In   ro,   20,   44. 
Belden,   In   re,   402. 
Belding-Hall   Mfg.   Co.   v.   Mercer   &   F. 

Lumber  Co.,  565. 
Belfast   Mesh    Underwear   Co.,   In    re,    42. 
Bellah,  In  re,  37,  96,  435,  721. 
Bell   Piano  Co.,  In  re,  224,  323. 
Bell   v.   Arledge,  615. 
Bell  v.   Blessing,  24. 
Belluscio,  In   re,   199. 
Bemis,    In    re,    436. 
Bender,   In   re,    187. 
Bendheim,  In  re,  337,  338. 


are  to  pages.] 

Benedict,  In  re,   108,   161. 

Benedict,   In   re,   486. 

Benedict   v.    Deshel,   565,   568. 

Benjamin,  In  re,  366. 

Benjamin,  In  re,  722. 

Benjamin    v.    Chandler,    565. 

Bennett,   In  re,  276,  278. 

Bennett  Shoe  Co.,  In  re,  40,  41. 

Bennett   Shoe  Co.,   In   re,  C.   H..  267. 

Bennett    v.     American    Credit    Ind.     Co., 

239. 
Benoit,  In   re,  442. 
Bentley  v.   Young,  579. 
Berg,    In    re,    502. 
Bergen,   In   re,   437. 
Berkebile,  In  re,  618. 
Berkman,   In  re,  200. 
Berkowitz,  In  re,  411,  722. 
Berkowitz,  In  re,   597. 
Bernard,    Trustee   v.    Lea,   622. 
Bernec   &   Wolf,   In  re,  312. 
Berner,  In  re,  20,  32. 
Berner,  In  re,  435. 
Berry  &  Co.,  In  re,  440. 
Berry  &  Co.,  In  re  Jacob,  238,  241. 
Berry    &    Co.,    In    re   Jacob,   286,   504. 
Berry  Bros   v.    Sheehan,   466 
Bertenshaw,  In   re,   72,  429. 
Beutel's  Sons  Co.,  In  re,   379,  725. 
Bevier   Wood    Pavement   Co.,   In   re,    268. 
Bevins  et  al.,  In  re,  266. 
Bick,  Ex  parte,  536,   602. 
Big  Cahaba   Coal   Co.,   In   re,  209. 
Big  Meadows   Cas  Co.,  In   re,   35. 
Billing,  In  re,  19,  38,  68,  70,  618. 
Bills  V.   Schliep,    504. 
Bimberg,  In  re,  460,   462. 
Birch  V.  Steels,  217,   645. 
Bishop,  In  re,  277. 
Black,  In   re,    189. 

Blackstone   v.    Everybody's    Store,    60. 
Blair,   In   re,   32,   46. 
Blair,  In  re,  524. 
Blair,  In  re,  641. 
Blake  v.  Nesbet,  411. 
Blalock,  In  re,  434,  435,  437. 
Blanchard  &   Howard,   In   re,    186. 
Blanchard  Shingle   Co..  In   re,   641. 
Blanchard    et   al.    v.    Ammons.    643. 
Blankenship,   In    re,   269. 
Blankfein,  In  re,  257,   717,  727. 
Blessing    v.    Blanchard,   274,    275. 


XXll 


TABLE  OF  CASES. 


[References 
Bleyer,  In  re,  439. 
r.leyer,  In  re,  439. 
Rlick  V.  Ximmo,  308,  429. 
Bloch,  In   re,   240,   579. 
Blond,  In  re,  238,  486. 
Bloodworth-Sternbridge    Co.,    In    re,    469, 

477. 
Bloomingdale     v.     Empire     Rubber     Mfg. 

Co.,    503. 
Blount,  In  re,  47. 
Blue   Mt.    Iron    &    Steel    Co.    v.    Portner, 

41. 
Blue     Ridge     Packing     Co.,     In     re,     175, 

2»6,  257,  722,  727. 
Blum,  In  re,   201. 
Blumberg,  In  re,  37,  434. 
Blumberg,  In  re,  429. 
Buasberg,  In  re,  438. 
]5oeshore,    In    re,    345. 
Bogen,   In   re,  42. 
Bolinger,    In    re,    186,    187. 
I'ologh,  In   re,   549. 
Bolognesi  &  Co.,  In  re,  52. 
Bond    V.    Milliken,    443. 
Boonville  Xat.  Bank  v.  Blakey,   108,   131, 

618,    622. 
Booth,    In   re,    239. 
Borgenson  Co.,  In  re,  139. 
Burger,    In    re,    324. 
Borhman,    In   re,   229. 
Boston-Cerrilos   Mines   Corp.,   In   re,    199. 
Boston   Dry  Goods   Co.,   In  re,   643. 
Bothe,   In   re,   581. 
Bouck,  In  re,  441. 
Bourlier    Cornice    &    Roofing   Co.,    In    re, 

126,    326. 
Bower    v.    Holzworth,    617,    654. 
Bowers,   In    re,    60. 
liowman  v.  Alpha  Farms,  564. 
Boyd,  In  re,  186. 
Boyd,  In  re,  571,  580. 
Bcyd   V.   Arnold   Loucheim   &   Co.,   209. 
Boyd  V.  Boyd  Fry  Stove  &  China  Co.,  41. 
Boyd   V.   \\all,   525. 
Bovden,  In  re,  437. 
I'racklee  Co.,  The  v.  OMITonnor,  485. 
J'radford's   Petition,   In   re,    619. 
Bradin,    In    re,    439. 
Bradley    Timber    Co.    v.    White,    36,    59, 

718. 
Brady,    In    re,    623. 
I'rady  &  Bernard  v.   Kittinger,   616,   640, 

644. 


are  to  pages.] 

Bragassa  v.   St.   Louis  Cycle,   434,  457. 

Brake  v.   Callison,  34. 

Brandreth,   In  re,  46G. 

Brandt,   Trustee   v.    Mayhew,    191. 

Braverman,  In  re,  439. 

Bray  v.   Cobb,   73,   217. 

Eray  v.   Johnson,   231,   734. 

Breakwater,  In  re,   727. 

Breck   v.    Brewster.    594. 

Breckons   v.    Sr.yder,    290,    338,    564. 

Breitling,    In   re,   436. 

B.    R.    Electric    &    Telephone    Mfg.    Co.   v. 

Aetna  Life  Ins.  Co.,  50,  70,  614. 
Breslauer,  In  re,  520. 
Brett,  In  re,  96,  236. 
Breuer,   In    re,   439. 
Brewster,    In    re,    259. 
Breyer  Printing  Co.,  In   re,   &44. 
Brice,   In   re,   10,   20,   44. 
Brinckman,    In    re,    34,   35. 
Brinkley   v.   Smithwick,   54. 
British    &    Amer.    Mort.    Co.    v.    Stuart, 

242,   271. 
Broadway   Savings  Trust   Co.,   In   re,   41, 

44,    96. 
Broadway    Trust    Co.    v.    Mannheim,    21, 

485. 
Brockman,   In   re,    438. 
Brockton  Ideal   Shoe   Co.,   In  re,  21. 
Brockton   Ideal  Shoe  Co.,   In  re,   38,  202, 

36'5. 
Brockton  Ideal   Shoe   Co.,  In  re,   161. 
Brod,  In   re,  43S. 
Bromley,  In   re,   447. 
Bronstein,   In   re,  536. 
Brooke  et  al..   In  re,   175. 
Brooks   v.    Bank    of    Beaver   City,    571. 
Broomfield   v.    Lehman,   441. 
Brown,  In  re  33. 
Brown,  In  re,  34. 
Brown,  In  re,  186,   189. 
Brown,  In  re,  436. 
Brown,  In  re,  438. 
Brown,  In  re,  486. 
Brown  &  Co.,  In  re  A.  O.,  275. 
Brown  &  Co.,  In  re  A.  O.,  286. 
Brown  &  Co.,  In  re  A.  O.,  286. 
Brown  &  Co.,  In  re,  A.   0.,  438. 
Brown  &  Co.,  In  re  Roger,  392.  722. 
Brown    &    Adams   v.    United    Button    Co., 

208,  271. 
Brown  v.  Barker  et  al..  555. 
Brown  v.  Citv  Nat.   Bank,  243. 


TABLE  OF  CASES. 


XXlll 


[References 
Brown   v.   Detroit   Trust   Co.,    655. 
Brown  v.  O'Connell,  239. 
Brown   v.   Persons,   332. 
Brown   v.   Streicher,   570. 
Brumbaugh,   In    re,    187. 
Brumelkamp,   In   re,   37,   96. 
Brundage,  In   re,   337. 
Brundin,  In  re,  229. 
Brj^an    v.    Bornheimer,    109,    546. 
Bryan  v.  '(Madden,   565. 
Bryant,   In   re,   336,   340. 
Buchanan,    In   re,   436. 
Buchan's    Soap  Corp.,    In   re,   238,   272. 
Euder    v.    Columlua    Distilling    Co.,    577. 
Puelow,  In  re,  191. 
Buffalo    Mirror    &    Beveling    Co.,    In    re, 

207. 
Buffington  v.  Harvey,  578. 
Bullis   V.    O'Beirne,    466'. 
I5undy  &  Co.,  In  re,  H.  W.,   190. 
Burbank,   In   re,    54. 
Burgin,  In  re,  33. 
Burgoyne    v.    McKillip,    269. 
Burka,   In  re,   266. 
Burke,  In  re,  410. 
Burke,  In  re,  720. 
Burke   v.    Guarantee    Title    &    Trust    Co., 

21,   188,  293,  721,   736. 
Burkhalter  &  Co.,  In  re,  C.  M.,  154. 
Burkhart     v.     German     American     Bank, 

34. 
Burleigh  v.  Forman,   613. 
Burlington  Malting  Co.,  In   re,   36,   50. 
Burns,  In  re,  277. 
Burns,    In   re,   544. 
Burns  v.   O'Gorman   Co.,   554. 
Burr  Mfg.  &  Supply  Co.,  In  re,  390,  402. 
Burr  Mfg.  &  Supply  Co.,  In  re,  556,  619, 

643. 
Burrell  v.  State,  337. 
Burt,  In   re,   507. 
Bush  V.  Expert  Storage  Co.,  580. 
Bushnell,    In    re,    276. 
Butcher  v.  Cantor,  579. 
Butcher   v.    Wcrksnian,   580. 
Butler  V.  Baudouine,  555. 
Butler  &  Co.,  In  re  Wm.  S.,  60. 
Butler    &    Co.,    Inc.,    v.    Palmenberg,    42, 

60. 
Butler-Kycer    Co.,    Ex    parte,   409. 
Butterwick,   In   re,   507. 
Butts,  In  re,  409,  443. 


are  to  pages.] 

Byerly,   In  re,   324. 
Bynum  v.  Scott,  C.  555. 


Cahus,  In  re,  441. 

Cadenas  &  Coe,  In  re,  324. 

Cagliostro    v.    Indelle    21,    467. 

Cain,   In   re,   35. 

Caldwell,  In  re,  275. 

Calhoun  Co.   Bank  v.   Cain,   567. 

Callahan    v.    Israel,    555. 

Callison,   In  re,   34. 

Caiman  Co.,  J.  W.,  v.  Doherty,  616,  650, 

651. 
Caloris  Mfg.  Co.,  In  re,  271. 
Calvi,  In  re  337,  580,  581. 
Cambridge   Lumber   Co.,   In   re,   139. 
Camden   v.    Mayliew,   305. 
Camelo,   In  re,  443. 
Cameron   v.    United   States,    335,    609. 
Camp,   In   re,    188,   190,  293,   724. 
Campl)ell,   In  re,    1S9,   724. 
Campbell,  In  re,  270. 
Canner  v.   Webster-Tapper   Co.,   41. 
Cannon,   In  re,  258. 
Cannon  v.  Prude,   71. 
Cantelo   Mfg.   Co.,   In   re,   202. 
Canton  Iron  &  Steel  Co.,  In  re,  259. 
Cantor,  In  re,  440. 
Cantor,  In  re,  537. 

Capitol   Trading  Co.,   Inc.,  In    re,   257. 
Caponigri,  In  re,  270. 
Caponigri,  In  re,  384. 
Caponigri,  In  re,  642. 
Carbone,   In  re,    19. 

Cardozo,  Jr.,  v.  Brooklyn  Trust  Co.,  571. 
Carey   v.    Donohue,   566. 
Carleton,  In  re,  29,  53,  719,  725. 
Carley,  In  re,  337. 
Carley,  In  re,  447,   640,   641. 
Carlile,  In  re,   730. 
Carmelo,   In    re,   409. 
Carmichael,   In  re,  429. 
Carolina  Cooperage  Co.,   In  re,  229. 
Carothers  &  Co.,  In  re,  324,  725. 
Carothers  &  Co.,  In  re,  324,  725. 
Carpenter,  In   re,   230. 
Carpenter  v.  Cudd,    275. 
Carpenter  v.  Karnow,  581. 
Carpenter  v.  Southwortli,    555. 
Carr,  In  re,  224,  324. 
Carr,  In  re,  544,  731. 


XXIV 


TABLE  OF  CASES. 


[References  are  to  pages.] 


Carr   v.   Barnes,   266. 

Carroll   &  Bro.  Co.  v.  Young,  392. 

Carter,  In  re,  259. 

Carter  v.   Hobbs,  71,  578. 

Carton  &  Co.,  In  re  A.  B.,  439,  440,  486. 

Carver  &  Co.,  In  re,  208. 

Casey,  In  re,  431,  460. 

Casey  v.  Baker,  et  al.,  306. 

Cash-Papworth,  Grow  Sir,  In  re,  110. 

Castleberry,    In   re,   188,  229,   326. 

Castle   Braid  Co.,   In  re,   259. 

Caswell,  Massey  Co.,  In  re,   268. 

Catchings   v.    Chatham    Nat.    Bank,    566, 

570. 
C,  B.  &  Q.  E.  DR.  Co.  V.  Hall,  187. 
Ceballos  &  Co.,  In  re,   19,  28,   54,  719. 
Central   Trust   Co.   of   Illinois  v.    Chicago 

Auditorium  Ass'n,   650. 
Central  Trust  Co.  v.  Lueders  &  Co.,  277. 
Central  Trust  Co.  of  Illinois  v.  Lueders, 

650,   657. 
Century  Savings  Bank  v.   Eobert   Moody 

&   Son,   613,   651,   736. 
Chalfein,  In  re,  89. 
Challoner,  In  re,  269,  411. 
Chamberlain,    In    re,   434. 
Chambersburg   Silk  Mfg.   Co.,   In  re,  393. 
Chambers,  Calder  &  Co.,  In  re,  209,  210, 

727,   729. 
Champion  Wagon  Co.,  In  re,   123. 
Chandler,  In  re,  384. 
Chandler,  In  re,  463. 
Chandler,  In  re,  601. 
Chaplin,  In  re,  490. 
Chapman  v.  Bowen,   651. 
Charlestown  Light  and  Power  Co.,  In  re, 

52,  97. 
Chase,  In  re,  422,  547. 
Chatfield,  et  al.,  v.  O'Dwyer,  261. 
Chaudron  &  Peyton,  In  re,  277. 
Chauncey  v.  Duke  Bros.,  393. 
Chavez,  In  re,  278. 
Cheatham,  In  re,  186. 
Chequasset  Lumber  Co.,  In  re,  38. 
Chesapeake  Shoe  Co.  v.  Seldner,  641. 
Chicago    Motor   Vehicle    Co.    v.    American 

Oak    Leather   Co.,    97,    98. 
Chicago  Title  &  Trust  Co.,  Ex  parte,  604. 
Chilberg   v.   Smith,   506. 
Chism,  Trustee,  v.  Bank  of  Friars 

Point,  305. 
Chotiner,  In  re,  394,  642. 


Chotiner,   In   re,   642. 

Christianson,   In   re,  229. 

Cliurch  Construction  Co.,  In  re,  150. 

Churchill,   In  re,   431,   459. 

Churchill,  In  re,  448. 

Citizens'    Banking    Co.    v.    Ravenna    Nat. 

Bank,  40. 
City   Contracting  &  Building  Co.,   In   re, 

21,    29,    72. 
City   Contracting   &   Building   Co.,   In   re, 

46,   715,   719. 
City  National  Bank  v.  Doolittle,  489. 
Claiborne,   In  re,  601,   732. 
Clark,  In  re,  240. 
Clark  Coal   &   Coke   Co.,  In  re,   154,   278, 

381,   393,   394,    730. 
Clark  Coal  &  Coke   Co.,  In  re,  304. 
Clark  v.  Henne   &  Mayer,  36,   41. 
Clark  V.  Pidcock,    723. 
Clark,  et  al.,  v.  American  Mfg.,  etc.,  Co., 

77. 
Clark-Herrin  Campbell  Co.  v.  H.  B.  Claf- 

lin   Co.,   et  al.,   55. 
Clarke    v.    Larremore,    526. 
Clarke  v.  Rogers,  269. 
Clay,  In  re,  175,  722. 
Clay  V.  Waters,  537. 
Clevenger  v.   Moore,   593. 
Cliflfe,  In  re,  336. 
Clipper  Mfg.  Co.,  In  re,  410. 
Clisdell,  In  re,  19,  32. 
Clisdell,  In  re,  422. 
Clothier,  In   re,  433,   732. 
Clountier  Bros.,  In   re,   440. 
Clowe  V.  Seavey,  578. 
Coal     City     House     Furnishing     Co.     v. 

Hague,   366. 
Cobb,  In  re,  336,   337. 
Cobb,  In  re,  715,  731. 
Cobb  V.  Overman,  267. 
Coburn,  In  re,  36. 
Cochran,  In  re,  188. 
Coder   v.   Arts,  393,  568,  617. 
Coder  v.   :McPherson,  568. 
Codori,    In    re,    394. 
Coe,  In  re,  59. 
Coe,  In  re,  70. 
Coe,  In  re,  174. 

Coe,  Powers  &  Co.,  In  re,  275. 
Coe  V.  Rosene,  430. 
Coen  V.  James,  478. 
Coflfey,  In  re,  568. 


TABLE  OF  CASES. 


XXV 


[References 

Cogley,  In  re,   298. 

Cohen,   In   re,    176. 

Cohen,   In   re,  4'o4. 

Cohen,    In    re,    507. 

Cohen,   In   re,  546. 

Cohen,   In  re,   597. 

Colien   V.   American    Surety  Co.,   546. 

Cohen   v.   Budd,  381. 

Cohen   v.   U.   S.,   609. 

Cohn  V.  Small,  564,  579. 

Cohn  V.  U.  S.,  608,  609. 

Colaluca,  In  re,  19. 

Cole,  In  re,   200. 

Cole,   In   re,   202. 

Cole,   In  re,   409. 

Cole,   In   re,   345,  360. 

Cole  V.  Manson,  319. 

Colgan  V.  Frick,  309,  556. 

College   Clothes    Shop,   In    re,    134. 

Collett   V.   Bronx    Nat.    Bank,    568. 

Collett   V.    Bronx  Nat.   Bank,   568,  569. 

Collier,   In  re,   30,   734. 

Colver's    Tours    Co.,    In    re,    569. 

Colman  v.  Withoft,   271. 

Colston    V.    Austin    Run    Mining    Co.,    40. 

Columbia  Bank  v.  Birkitt,  21,  466. 

Columbia  Bank   v.   Birkitt,   21,  467. 

Columbia   Buggy  Co.,   In   re,    507. 

Columbia    Iron    Works,    In    re,    169,    174, 

179,   221,  243,  257,   727. 
Columbia   Iron   Works   v.   Nat.   Load   Co., 

617,   621,   623,   664. 
Columbia  Real  Estate  Co.,  In  re,  34,  49, 

91. 
Columbia   Real   Estate  Co.,   In   re,   39. 
Commonwealth    Lumber    Co.,    In    re,    36, 

60. 
Commonwealth  of  Pa.  v.  York  Silk  ilfg. 

Co.,  277. 
Comstock,  In  re,  489,  490. 
Conboy  v.  First  Nat.   Bank  of  New  Jer- 
sey,   618,   651,    735. 
Condon,   In   re,  38,  39,  42,  98. 
Coney   Island   Lumber  Co.,   In   re,   544. 
Conners    v.    Bucksport    Nat.    Bank,    569. 
Conro   V.    Crane,   645. 
Conroy,   In   re,   433. 
Constad   &   Newman  v.   Buell,   613. 
Constam   v.   Haley,   241. 
Consumers'  Coffee   Co.,  Tn  re,   126. 
Consumers'  Coffee  Co.,  In  re,  277. 
Continental    B.    &    L.    Assn.    v.    Superior 

Court,  70. 


are  to  pages.] 

Continental    Commercial    Trust     &     Sav- 
ings   Bank    v.    Chicago    Title    &    Trust 

Co.,  568. 
Continental   Corporation,   In   re,   237. 
Continental   Paint    Co.,  In  re,  275. 
Conway    v.    German,    34,    36,    39,    54,    96. 
Cook  V.  Robinson,   523. 
Cook   Inlet   Coal   Fields   v.   Caldwell,   614, 

629,    735. 
Cooney   v.    Dandridge,    619. 
Co-operative    Knitting   Mills,   In   re,   238. 
Cooper,  In  re,   173,   722. 
Cooper    Bros.,   In   re,   496. 
Cooper   V.   Miller,  241. 
Copper  King   (Lim.),  In  re  The,  278. 

625. 
Corbett   v.   Riddle,   41. 
Corbitt    Buggy    Co.    v.    Ricaud,    506. 
Cornell,  Co.,   In   re   J.    B.    &    J.    M.,   366 

396. 
Corwin   Mfg.   Co.  In  re,   36. 
Cotting  V.  Hooper,  Lewis   &  Co.,  268. 
Cotton    &    Preston,   In    re,    189,    294. 
Cotton   &   Preston,  In  re,  440. 
Cottrell    V.    Albany   Card    &    Paper    Mfg. 

Co.,  555. 
Coulter,   In   re,  223. 

Counselman  v.   Hitchcock,   337,   348.    010. 
Counts    V.   The   Columbus   Buggy   Co.,   et 

al.,   33. 
Courier   Journal   Job   Print   Co.   v.    Brew. 

Co.,  643. 
Courtenay  Mercantile  Co.,  In  re,   40. 
Courtenay    Mercantile    Co.    v.    Finch,    et 

al.,  40. 
Courtney  v.   Georger,   594. 
Couts   v.    Townsend,   32. 
Coventry    Evans    Furniture    Co.,    In    re, 

236. 
Coventry    Evans    Furniture    Co.,    In    re, 

240. 
Covington,   In   re,   209. 
Cowan  V.   Burchfield,   191. 
Cowart  V.  W.  E.  Caldwell  Co.,  224. 
Cox  V.    State  Bank  of  Chicago,  524. 
Cox,  Trustee,  etc.,  v.  Wall,  578. 
Craddock-Terry    Co.     v.    Kaufman,    215, 

730. 
Crafts-Riordan  Shoe  Co.,  In  re,  35,  524. 
Craine   v.   Craine,   444. 
Cramer,   In   re,   200. 
Cramond,  In  re,  242,  326. 
Crancer  &  Co.,  J.  W.,  v.  Wade,  567. 


XXVI 


TABLE  OF  CASES. 


[References 

Crawford   v.   Burke,  267,  443. 
Creasinger,   In   re,   236,   239. 
Crenshaw,  In  re,  53,  96,  240. 
Crenshaw,  In  re,  336. 
Crescent  Lumber   Co.,   In   re,   268. 
Cress,   MoCormick  Co.,  In   re,  271. 
Cresson,  etc.,  Coal  &  Coke  Co.  v.   Stauf- 

fer,  53,   71. 
Crim  V.   Woodford,  209,  210,   617,   730. 
Crist,   In   re,   429,   446,  447. 
Criterion  Watch,  etc.,  Co.,  In  re,  489. 
Crocker   &  Co.,  In  re,   173. 
Crooks  V.  People's  Xat.  Bank  of  [Nlalone, 

566,  569. 
Cross  V.   Evans,   664. 
Crouse  v.   Whittelse}-,   466. 
Crowe   V.   Baumann,   19. 
Crowell,   In   re,   276. 
Crown  Point  Brush  Co.,  In  re,  274. 

Crucible    Steel   Co.    of   America    v.    Holt, 
503,   651,   735. 

Crystal   Spring  Bottling  Co.,   In   re,   593. 

Culpepper,  In  re,   531. 

Cummings,  In  re,  206,  230. 

Cummings,   In  re    (Xo.   2),   537. 

Cummings,  In  re   (Xo.  3),  538. 

Cummins    Grocer    Co.    v.    Tally,    59. 

Cunney,   In  re,   736. 

Cunningham   v.    German   Ins.    Bank,    630, 
643,    729. 

Currier,  In  re,  269. 

Curtis,   In  re,   36. 

Curtiss,   In    re,   544. 

Cushing,   In   re,   268. 

Custard  v.  Wiggerson,  463. 

Cuthbertson,   In   re,   463,   556. 

D. 

Dalton,  In  re,  478. 

Daly,   In   re,  460. 

Damon,   In   re,   48. 

Damon   &   Co.,  In  re,  239. 

Dana,  In  re,  408. 

Dancy  Hardware  &  Furniture  Co.,  In  re. 

508. 
D.    &    E.   Dress   Co.    (Inc.),   In   re,   108. 
Dandridge   &   Pugh,  In   re,  53,   619. 
Daniel,  In  re,  240. 
Daniels,  In  re,  729. 
Daniels  v.   U.   S.,   610. 
Darlington,    In    re,    503. 
Dauchy,   In   re,   437. 


are  to  pages.] 

Daugherty,  In  re,   446,   722. 

Davidson,  In  re,  336. 

Davidson  &  Co.  v.  Friedman,  614,  644. 

Davis,  In  re,  32. 

Davis,  In  re,  243. 

Davis,  In  re,  503. 

Davis   v.   Bohle,   et   al.,   407. 

Davis    V.    Crompton,    507. 

Davison,   In   re,   200. 

Davison,  In  re,  210. 

Day,  In  re,  L.   W.   &   Co.,   174. 

Day   V.    Beck,    49,    64. 

Dayville  Woolen  Co.,  In  re,  173. 

Deer   Creek   Water   &   Water   Power   Co., 

In   re,   37. 
Deere   Plow  Co.,  John,   v.   Anderson,   506. 
De  Gottardi,   In  re,   729. 
Delancey    Stables    Co.,    In    re.    277. 
Deland  v.   Miller   &  Cheney   Bank,  567. 

Delaney  &  Co.,  In  re,  Wm.  E.,  410,   411. 

Delmore,  In   re,  436,  437. 

De    Long,   In   re,    410. 

Delta  Xat.   Bank  v.   Easterbrook,  613. 

Demarest,   In  "re,    190. 

Dempster    v.    Waters-Pierce    Oil    Co.,    71. 

De  -Xomme,  In  re,  441. 

Denson,    In    re,    188,    201. 

Desmond  &   Co.,  In  re,  277. 

Despres,    et    al.,    v.    Galbraith,    36,    52. 

Desrochers,    In    re,    108,    110,     139,    221, 
365. 

Detroit    Trust    Co-    v.     Pontiac     Savings 
Bank,   554. 

Deuell,  In  re,  538. 

Deutsch  Bros.,    In   re,   477. 

Deutschle  &  Co.,  In  re  Thomas,  274. 

Devries  v.  Orem,  326. 

DevTies   v.    Shanahan,   629,    645. 

Dexter,   In   re,   274. 

Diamond,   In   re,  423,   430. 

Dickas  v.   Barnes,  46,   641,   044,   719. 

Dickson,   In   re,   615. 

Dietz,  In   re,  462. 

Dimock    v.    Revere    Coffee    Co.,    486. 

Dinglehoef,   In   re,   32. 

Disler   v.   McCauley,    444. 

Disney,   et   al.,   In    re,   46. 

Ditmar  v.  Gould,  555. 

Dixon,  In  re,  199. 

Dixon,  In  re,  735. 

Dobbs,  In  re,  188. 

Docker-Foster  Co.,  In  re,  22,  261,   736. 


TABLE  OF  CASES. 


xxvii 


I  References 

Dodge   V.    Kaufman,    72,    466. 

Dodge   V.   Kenwood   Ice   Co.,   20,   24. 

Dodge    V.    Knowles,    623. 

Dodge  V.  Xorlin,  579,  617,  642. 

Dokken    v.    Page,   5S1. 

Domenig,  In  re,  260. 

Donahey,  In  re,  186. 

Donaldson    v.    Farwell,    503. 

Donnelly,    In   re,    408. 

Donnelly,  In  re,  619. 

Doran,  In  re,  613. 

Doroshow  v.  Ott,  613. 

Dorr,   In   re,  269. 

Dorr,    In    re,   569. 

Doty,  In  re,  259,  261,  727. 

Douglass  &  Sons  Co.,  In  re,  280. 

Douglass  Coal  &  Coke  Co.,  In  re,  42. 

Dove  Harris   Woodworth   Co.,   In  re,  236. 

Dowagiae   Mfg.    Co.   v.   Lochren,   728. 

Dowie,   In  re,  409,   422. 

Downing,  In   re,   186,   187. 

Downing,    In    re,    378. 

Downing,   In   re,   429,   462,   463,   467. 

Dowse  V.  Hammond,  238. 

Doyle,   In   re,  209,   436. 

Doyle  &   Sons,  In  re,  384. 

Doyle-Kidd    Dry     Goods     Co.     v.     Sadler, 

Lusk  T.   Co.,   42. 
T>rake,  In  re,  32. 
Drake    v.    Vernon,    442. 
Drayton,  In  re,   722. 
Dreher  v.   Nat.  Surety  'Co.,  555. 
Dressel  v.   Xorth   State   Lumber   Co.,   44. 
Dressel  v.  Xorth   State   Lumber  Co.,   340, 

728,    735. 
Dresser,  In  re,  408,   601,   721,   732. 
Dresser,   In   re,   651. 
Dresser  &  Co.,   In   re,   439,  440,  441. 
Dresser    &   Co.,   In   re,   440,   441. 
Drew  V.  Meyers,  et  al.,  577. 
Driggs,  In  re,  410,  531. 
Duel    V.    Hollins,    287. 
Duffy,   In   re,    189. 
Duggan,  In   re,  580. 
Duguid,   In  re,   19. 

Duke  &  Son,  In  re,  R.  F.,  33,  60,  365. 
Duke  &  Son,   In   re,   R.   F.,  46. 
Dunbar   v.    Dunbar,   444. 
Duncan     v.      Ferguson      McKinney      Dry 

Goods  Co.,   186,  640. 
Duncan   v.   Landes,   654. 
Dunlap    Carpet   Co.,    In    re    James,    268, 

269. 


are  to  pages.] 

Dunlap  Hardware  Co.  v.  Huddleston,  139, 
1S7. 

Dunlap  V.  Goodman  Menger  Lighting- 
Co.,   271. 

Dunlop,    In    re,    503. 

Dunlop    V.    Mercer,    503. 

Dunn,   In  re,  274. 

Dunn  Hardware  &  Furniture  Co.,  In  re, 
236'. 

Dunn  Hardware  &  Furniture  Co.,  In  re, 
735. 

Dunn  Salmon  Co.  v.  Fillmore,  243. 

Dunningan    Bros.,   In  re,    19. 

Diinphy,   In  re,  441. 

Dunseath  &   Son  Co.,  In  re,   161. 

Duplex   Radiator   Co.,   In   re,   44,    54,    oD. 

Dupree,  In  re,   32. 

Duquesne  Incandescent  Light  Co.,  In  re, 
270,  271,  272. 

Duran  Mercantile  Co.,  In  re,  229. 

Durham  Paper  Co.  v.  Seaboard  Knit- 
ting Mills,  36. 

Duryea    Power    Co.,    In    re,    173. 

Duryea  Power  Co.  v.  Sternburgh,  616, 
617,  650. 

Dutcher,  In  re,  274,  276. 

Du  Vivier  &   Co.  v.   Gallice,  241. 

Dwyer,    In    re,    20. 

Dwyer,   In   re,    33. 

Dycus    V.    Brown,    271. 

E. 

Fades,   In   re,  435,   438. 

Eagle    Furniture    Co.,    In    re,    642. 

Eagles   &   Crisp,   In   re,    173. 

E.   &  G.   Theatre   Co.,  In  re,   44. 

Early  v.  Electro  Bleaching  Gas  Co.,  564. 

Easley,  In   re,   526. 

Eastern   Commission    &    Imp.    Co.,   In   re, 

408. 
Eastlack,  In  re,   173,   722. 
Easton    Furniture    Mfg.    Co.    v.    Caminez, 

486. 
Eaton,  In  re,  437. 

Eau   Claire   Xat.    Bank   v.   Jackman,   654. 
Eberspacker  v.  Boehm,   466. 
Edelstein   v.   U.    S.,    34,    71,   240,   610. 
Eden   Musee  American  Co.,  In  re,  324. 
Edens   &   Co.,   In   re,   270. 
Edes,    In   re,   366,   375,   725. 
Kdinburg  Coal   Co.  v.  Hart,   109. 
Edinburg    Coal    Co.    v.    Humphreys,    604. 
Edwards  v.   Schillinger,   555. 


XXVlll 


TABLE  OF  CASES. 


[References 

EfRnger,    In    re,    269. 

Eggert,  In  re,  568,  641. 

Eidemiller,   In  re,   19. 

Eisenberg,   In   re,    19,   33. 

Eisenberg,  In  re,  496. 

Elby,   In   re,  449. 

Eldred,  In  re,  224,  323. 

Eldred,  In  re,  451. 

li^liowich.  In  re,  516. 

Elkind   Schwartz,   In   re,   423. 

Elkus,  Petitioner,  356. 

Elk   Valley  Coal   Mining   Co.,  In  re,  230, 

735. 
Elk  Valley  Coal  Mining  Co.,   In   ro,   261, 

720. 
Ellet-Kendall     Shoe    Co.     v.     Ward,     503, 

504. 
Elletson  Co.,  In  re,  240. 
Elletson   Co.,   In   re,   641. 
Elliott    V.    Toeppner,    64,    617,    641,    654, 

655. 
Ellis,  In  re,  36. 
Ellis,    In    re,    189,   293,    724. 
Ellis    Bros.    Printing   Co.,    In   re,  206. 
Ellithorpe,  In  re,   190. 
Ellsworth  Co.,  In  re  Edward,  41,  42. 
Elmira    Steel    Co.,    In    re,    44,    100,    718, 

719. 
Elmore  Cotton  Mills,  In  re,  393. 
Ilmbry    v.    Bennett,   258. 
Emerine  v.   Tarault,  35,  36,  242. 
Empire   Construction   Co.,   In    re,    407. 
Empire   Metallic  Bedstead   Co.,  In  re,  41. 
Ennis    &    Stoppani,   In   re,   409,   441. 
Ennis   &   Stoppani,   In   re,   474. 
Ennis   &    Stoppani,   In    re,    477,    486,   496. 
Knsign    v.    Commonwealth    of   Penn.,    610. 
Erie  Lumber  Co.,  In  re,  126,  154. 
Ernst  V.  Mechanics  &  Metals  Nat.  Bank, 

.569. 
Ernst    V.    The    Terminal    Clearing    House 

Ass'n,  555. 
Eschwege  &   Cohn,  In  re,  229. 
Etheridge    FHarniture  Co.,    In   re,    109. 
Ethier,   In   re,   402. 
Euclid    Nat.    Bank    v.    Union    Trust    Co., 

640. 
lAircka    Anthracite    Coal    Co.,    In    re,    59. 
Eureka    Furniture    Co.,   In    re,    593. 
Epstein,    In    re,    199. 
Epstein,   In    re,   200. 
Efistein,  In   re,  286. 


are  to  pages.] 

Epstein,   In  re,  502. 

Epstein,   In  re,   734. 

Epstein  v.  Handverker,  309. 

Epstein  v.   Steinfeld,   200. 

Epstein   v.   U.   S.,   610. 

Equitable   Loan   &    Security  Co.   v.  Moss 

&   Co.,  298. 
Equitable  Trust  Co.  v.  Vanderbilt  Realty 

Imp.  Co.,   392,  393. 
Eurick's   Fort  Hamilton    Brewery,   In    re, 

206. 
Evans,  In  re,   188. 
E.xploration     Mercantile     Co.     v.     Pacific 

Hardware  &  Steel  Co.,  42. 
Exum,  In  re,   187. 

F. 
Fabian,    In    re,    507,    516. 
Fagan,   In   re,   238. 
Fahy,   In  re,  460. 
Fairlamb   Co.,   In   re,  237,   239. 
Falkenberg,    In   re,    139. 
Falter   v.   Reinhard,    173,   174,   722. 
Family  Laundry  Co.,  In  re,  278. 
Fanning,  In  re,  441. 
Farkus,  In  re,  536. 
Farmers'     Co-operative     Co.     of     Barlow 

(K  D.),   In  re,  508. 
Farrell,   In  re,   277. 
Farthing,   In  re,   37,   38,  41,  97,   736. 
Faulk   &   Co.,   T.   S.,  v.   Steiner,   Lobman 

&  Frank,  et  al.,   109,  728. 
Faulkner,   In    re,    236. 
Faulkner,   In  re,  508. 

Fayetteville  Wagon,  etc.,  Co.,  In  re,  392. 
Fechter   v.   Postel,   409,   441,   466. 
Federal  Biscuit  Co.,  In  re,  277. 
Federal  Biscuit   Co.,   In   re,   410. 
Federal   Biscuit  Co.,  In   re,  410,  524. 
Federal    Lumber    Co.,    In    re,   41. 
Federal  Mail   &   Express  Co.,   In  re,   108. 
Feigenbaum,    In    re,    20,    71. 
Feinberg   &    Sons,   In   re,   477. 
Feldser,  In  re,  200. 
Feldstein,   In   re,   337. 
Feldstein,    In    re,    439. 
Feldstein,    In    re,    439. 
Fcllerman,    In    re,    339,    536. 
Fellows     V.    Freudcntlial,    44f). 
Felson,   In   re,   200,   544,  734. 
Felson,  In  re,  229. 
Fenley  v.  Poor,  242. 


TABLE  OF  CASES. 


XXIS 


[References 

Fenn,   In   re,   269. 

Fidelity    Ins.,    etc.,   Co.    v.    Roanoke    Iron 

Co.,  154. 
Fidelity    Trust   Co.   v.    Gaskell,    160,    161. 
Fidler  &  Son,  In  re  E.  J.,  221,  314. 
Field   V.  U.   S.,  609. 
Field    &  Co.,   Marshall,   v.   Wolf   &   Bros. 

Dry  Goods  Co.,  487. 
Fielding  v.  Philips,  231. 
Fife,  In  re,  602,  732. 
Filer,  In  re,  32. 
Filer,   In  re,   269. 
Finegan  v.  Hull,  443. 
Fineman,  In  re,  40. 
Fink,  In  re,  274. 
Finkelstein,   In   re,    189,   293. 
Finlay,  In  re,  727. 
Finlay  Bros.,  In  re,  237,  257. 
Firestone   Tire   &   Rubber   Co.   v.   Agnew, 

466,   593. 
First  Nat.  Bank  of  Belle  Fourche,  In  re, 

71. 
First  Nat.  Bank  of  Canton,  In  re,  613. 
First  Nat.  Bank  v.  Cole,    537. 
First  Nat.  Bank  v.  Lasater,    299. 
First  Nat.  Bank  v.  Pearcy,   730. 
First  Nat.  Bank   of   Atlanta   v.   Cameron, 

240. 
First   Nat.   Bank   of   Beaumont  v.   Eason, 

242. 
First    Nat.    Bank    of   Chicago    v.    Chicago 

Title  &  Trust  Co.,  640,  644,   657. 
First  Nat.   Bank  of   Denver  v.  Klug,  617, 

604,   735. 
First   Nat.   Bank   of   Miles   City   v.   State 

Nat.   Bank,  614,  618,  644. 
First   Nat.   Bank  of   Pittsburgh   v.   Guar- 
antee Title  &  Trust  Co.,  507. 
First  Nat.   Bank  of  Wilkesbarre  v.   Bar- 

num,  34. 
First    Nat.    Bank   of    Cliicago,    E.k    parte, 

604. 
First   State  Bank  of  Corwith  v.  Haswell, 

98. 
First  State  Bank  of  Milliken   v.   Spencer, 

565. 
Fisclier,  In  re,  544. 
Fishblate  Clothing  Co.,  In  re,  35. 
Fisher,  In   re,  40. 
Fisher,  In  re.  473,  730. 
Fisher,  In  re,   186,   189,    191.  721. 
Fisher  &  Co.,  In  re,  276,  399. 


are  to  pages.] 

Fisher   &   Co.,    In   ro,   396. 

Fisher  &  Co.,   In  re,  478. 

Fisher  v.  Cushman,  640. 

Fisk  &  Robinson,  In  re,  239,  243. 

Fiske  &  Co.,  In  re  J.  M.,  326. 

Fitcli  V.  Richardson,  727. 

Fite,  In  re,  392. 

Fitzgerald,   In   re,    52,   267. 

Fi.xen,  In  re,  108,  130,  131,  336,  337, 
537. 

Flanders,   In   re,   410. 

Flanders  v.   Mullin,  442. 

Flanders  Motor  Co.  v.  Reed,  508. 

Fleischer,  In  re,  335,  736. 

Flickinger  v.  First  Nat.  Bank  of  Van- 
dalia,    622,    623,   630. 

Flint  Hill  Stone  &  Construction  Co.,  In 
re,  37,  41. 

Florcken,  In  re,  108,  117,  722. 

Floyd  &  Co.,   In  re,  W.  J.,  269,  569. 

Floyd-Crawford   &    Co.,    In    re,    409,   442. 

Flynn,   In  re,   478. 

Foerst,   In   re,   337. 

Fogarty,   In   re,   229. 

Folger  V.  Putnam,  40. 

Folkstad,  In  re,  34. 

Fook  Woh  &  Co.,  In  re,  64. 

Forbes,  In  re,  28,  719. 

Forbes,   In   re,    187. 

Forbes,  In  re,  394. 

Foreman   v.  Burleigh,  261,  617. 

Forsyth  v.   Hammond,   657. 

Forth,   In  re,  456. 

Fortunate,   In  re,  410. 

Foss,  In  re,  210,  260,  579,  730. 

Foster,  In  re,  392,  393. 

Foster,  In  re,  440. 

Foster    Paint    &    Varnish    Co.,    In   re,    24. 

Fourth  Nat.  Bank  of  Macon  v.  Willing- 
ham,  243. 

Fowler    &    Co.,   In    re,    190. 

Fowler  v.  Britt  Carson  Shoe  Co.,  503. 

Fowler   v.  Jenks,   315. 

Fox,  In  re,  469. 

Fox,   In   re,   477,  478,   486. 

Francis,   In   re,   109. 

Francis   v.   McNeal,  46. 

Francis  v.  McNeal,  616. 

Frank,  In   re,  200. 

Frank,    In    re,    429,   434. 

Frank,  In  re,  642. 

Frank  v.  Dickey,  544. 


XXX 


TABLE  OF  CASES. 


[References 

Frank    v.    Michigan    Paper    Co.,    440. 

Frank  v.  Vollkommer,  054,  655. 

Frankel,  In  re,  202. 

Frankfort,   In  re,   19!),  200. 

Franklin,  In  re,  392. 

Franklin   Lumber    Co.,   In   re,   507. 

Franklin   Lumber   Co.,   In   re,    527. 

Franklin   Sugar  Refining  Co.,  In  re,   139. 

Franklin   Syndicate,  In   re,  337. 

Frazin   &   Oppenheim,   In   re,   221,   402. 

Frazin   &   Oppenheim,  In  re,   303. 

Frazin  &  Oppenheim,  In  re,  384. 

Frazin    &    Oppenheim,    In   re,    489. 

Frazin   &   Oppenheim,  In  re,   569. 

Frear,   In  re,  485. 

Freche,  In   re,  443. 

Freed    v.    Central    Trust    Co.    of    Illinois, 

537,  538. 
Freedman,  In  re,  392. 
Freeman,    In    re,    544. 
French,   In  re,   237,   485,   486,  487. 
Freund,  In  re,  29,  96,  719. 
Frey  v.  Torrey,  238. 
Frice,  In  re,  433. 
Friedman,    In    re,    200. 
Friedman,   In   re,  201. 
Friedman,   In   re,  394. 
Friedman  v.  Myers,  585. 
Friedrich,   In   re,    189. 
Friedrich,   In   re,   293. 
Friedrich,   In    re,   441. 
Friend,  In  re,  487,  615. 
Friend   v.   Talcott,   443,   486,   651. 
Frischberg,  In  re,   48. 
Frischknecht,  In  re,  478. 
Fritz,  In  re,  4C0,  462. 
p-ritz.  In  re,  601. 

Froelich  Rubber  Refining  Co.,   In  re,  502 
Frost,    et   al.,   v.   Latham    &   Co.,    131. 
Fuller   and   Bennett,   In  re,   276. 
Fullick,    In    re,    324. 
Fulton,  In  re,  365. 
Fulton  Club,  In  re,  34. 
Funk,  In  re,  19,  33. 
Furth   V.   Stahl,  206. 


G. 


Gaddey  v.  Witt,  442. 
Gage  Co.  v.  Bell,  49,  62,  77. 
Gany,    In    re,   503. 
Gara,  In  re,  434. 
Gardner,  In  re,  217. 


are  to  pages.] 

Garneau,  In  re,  20,  32,  92. 

Gamer  &  Co.,  In  re,  365. 

Garrison,   In   re,   438. 

Garry  v.  Jefferson  Bank,  435. 

Gartner,     Hancock    Lumber     Co.,    In    re, 

190. 
Gasser,  In  re,  433,   717,   733. 
Gaudette    v.    Graham,    641. 
Gay,   In   re,   26 
Gay   &   Sturgis,   In   re,  275. 
Gaylord,  In  re,  422. 
Gaylord,   In  re,   422,   436. 
Gaylord,  In  re,  568. 
Geister,  In  re,  410,  411. 
Geller,  In  re,   199. 
General   Metals   Co.,    In    re,    100. 
Gerber,  In  re,  188,  ?24. 
Gerdes,  In  re,   392. 
Gering  v.  Leyda,  566. 

Germania  Xat.  Bank  v.  Lachenmaier,  20. 
Germania   Savings   Bank   &   Trust   Co.   v. 

Loeb,  569. 
Gerry,  In  re,  381,  392. 
Gerson,  In   re,    35,  270. 
Gerstel,  In  re,  199,  200. 
Gerstman  &  Bandman,  In  re,  508. 
Getts     V.     Janesville     Grocery     Co.,     567, 

568. 
Ghiglione,  In  re,  89,  733. 
Ghinasin,  In  re,  477,  487. 
Gibbons   v.   Goldsmith,    642. 
Gibbs,  In  re,   191. 
Gift,  In  re,  436,  440. 
Gilbertson  v.  U.  S.,  73,  609. 
Gill,  In  re,  201. 
Gill  V.  Farmers'  &  Manufacturers'  Bank, 

41. 
Gillardon,  In   re,  229,  450. 
Gillaspie,   In  re,   544. 
Gillespie  v.  J.  C.  Piles  &  Co.,  503. 
Gillette,  In   re,   35. 
Gillette  &  Prentice,  In  re,  34. 
Gilligan,    In   re,   506. 
Gilpin   V.   Merchants'  Nat.   Bank,   435. 
Gilroy   &  Bloomfield,  In  re,  206. 
Ginsberg,   In   re,    138. 
Ginsberg,   In   re,   431,   438,    733, 
Ginsberg,   In  re,  434. 
Girard   Glazed  Kid  Co.,  In  re,  618. 
Girvin,   In   re,  236. 
Gitkin,  In  re,  536,  537. 
Gladding  Co.,  In  re,  B.  H.,  274. 


TABLE  OF  CASES. 


XXXI 


[References 

Clasberg,  In  re,  434. 

Glass,  In  re,  435,  447,  732. 

r.lazier,  In  re,  38. 

Cleason  v.  O'Mara,  409. 

Gleason  v.  Smith,  Perkins  &  Co.,  48,  9(3. 

Cleason  v.   Thaw,  410. 

Gleason  v.  Thaw,  442. 

Gleason  v.   Thaw,   442. 

Glick,  In  re,  2G7. 

Glickman  &  Pisnoff,  In  re,  460. 

Glickstein  v.  U.   S.,  610. 

Glisson,  In  re,   191. 

Globe  Bank  &   Trust  Co.  v.  Martin,  613. 

Globe  Cycle  Works,  In  re,  408,  410. 

Globe  Laundry   Co.,  In  re,  259,  261. 

Glover   Grocery  Co.  v.  Dome,  486. 

Goble  Boat  Co.,  In  re,  226,  261,  727. 

Godshalk    Co.,    E.    H.,    v.    Sterling,    434, 

436,   438,   439. 
Godwin,   In   re,   489,    490. 
Godwin   v.    Tuttle,   581. 
Goldberg,    In    re,   411. 
Goldberg  Bros.,   In   re,   278,  523. 
Golden  Malt   Cream  Co.,  In  re,  60. 
Golden  Rule  Merc.  Co.,  In  re,   190. 
Goldich,   In   re,  439. 
Goldman,  In  re,  542. 
Goldman    &   Co.    v.    Smith,   59. 
Gold   Run   Mining   &    Tunnel   Co.,   In    re, 

36,  42,  54,  59. 
Goldsmith,  In  re,  392. 
Goldstein,    In    re,    340. 
Goldstein,  In  re,  474. 
Goldville  Mfg.  Co.,  In  re,  229,  544. 
Gompers  v.   Buck   Stove   Co.,   536. 
Good,  In  re,  614,  643,  644. 
Good  V.  Kane,   199,  201. 
Goodale,  In  re,   433,  437. 
Goodhile,  In  re,  451. 
Goodman,  In  re,  721. 
Goodman  Shoe  Co.,   In   re,   A.,   593. 
Goodman  v.  Brenner,  616. 
Goodman   v.   Curtis,    186,    189,    190,    191, 

721. 
(ioodrich,    In   re,    .>37. 
Goodwich,  In  re,  202. 
Goodwin,  In  re,  229. 
Gordon   Supply   &   Mfg.  Co.,   In   re,    174, 

722. 
Gordon  Supply,  etc.,  Co.,  In  re,  221. 
(iorman,  In  re,  37. 
Gorman  v.  Littlefield,  287. 


are  to  pages.] 

Gorman   v.   Wright,  242. 

Graber   v.   Gault,  22. 

Graessler   &    Reichwald,   In   re,   201,    641. 

Grainger,  In  re,   731. 

Grainger   &  Co.  v.  Riley,  2-43,   615. 

Grandison  v.  Robertson,  571. 

Craning,   In   re,  200 

Granite    City    Bank    of    Dell    Rapids,    In 

re,   161,   391,   392. 
Grant,  In  re,  210,   730. 
Grant,   In   re,   431,   733. 
Grant  v.  Nat.  Bank  of  Auburn,  560,  570. 
Grant  Shoe  Co.,  In  re,  F.  L.,  35. 
Grant    Shoe   Co.,   F.   L.,   v.   W.    M.   Laird 

Co.,  654,  655. 
Grant   Shoe   Co.,   Frederick   L.,  v.   W.    ^M. 

Laird  Co.,  655. 
Graves,  In  re,  434. 
Gray,    In    re,    579. 
Gray    v.    Grand    Forks    Merc.     Co.,    262, 

615,    621. 
Greek  Mfg.  Co.,  In  re,  209,  730. 
Green,  In  re,  409. 
Greenberger,    In    re,   275. 
Greenhall  v.  Hurwitz,   131. 
Green     River     Deposit     Bank     v.     Craig 

Bros.,   34. 
Greer,  In  re,   199,  201. 
Gregg  V.  Mitchell,  33. 
Gregory,  In  re,  381. 
(iregory  Co.  v.   Bristol,    187. 
Gregory  Co.  v.  Cale,  191. 
Gretsch  v.  U.  S.,  609. 
Griffin,  In  re,  490. 

Griffin    Bros.,   In   re,    434,    435,    436,    462. 
Griffin   v.  Dutton,  41. 
Griffin  v.  Mutual  Life  Ins.   Co.  of  N.  Y., 

308. 
Grignard   Lithographic   Co.,   In   re,   303. 
Grimes,   In    re,    20,    32. 
Grimes,  In  re,  221,  293. 
Crissler,   In   re,   408. 

Groetzinger  &  iSon,   In  re,   615,  640,  644. 
Gross,  In  re,  434. 
Grossman,  In  re,   173,  210,  257. 
Grounds,   In   re,   443. 
Grout,  In  re,  442. 
Groves,  In  re,  188,  189. 
(Proves,  In   re,  402 
Gruber   v.   Knobloch,   466. 
Guanacevi   Tunnel   Co.,   In   re,   20,   24,   92 

409. 


xxxn 


TABLE  OF  CASES. 


[References 

Guarantee  Title  &  Trust  Co.  v.  Pearl- 
man,    131,   578. 

Guarantee  Title  &  Trust  Co.  v.  Title 
Guaranty  &  Surety  Co.,  274. 

Guasti  V.  Miller,  21,  467. 

Guilbert,   In   re,   433. 

Guilbert,  In  re,   436,   437. 

Gulick,  In  re,  428,  443. 

Gurewitz,   In   re,  274. 

Gutnian,    In    re,   408. 

Gutterson,  In  re,  365,  622. 

Gutwillig,  In  re,  407. 

H. 
Haack  v.  Theise,   21,  717. 
Haase,  In  re,  440. 
Haase,  In  re,  440. 
Habegger,  In  re,  206. 
Hackney   v.   Hargreaves   Bros.,  22,   565. 
Haesler    Kohloff   Carbon    Co.,    In    re,    89, 

113. 
Haff,    In    re,    92,    62,    97,    109,    112,    150, 

721. 
Hallcnberg  v.  Chicago  Title  &  Trust  Co., 

202,  206,  614. 
Hahlo,  et  al.,  &  Burrit   v.  Cole,  309,  Sofi. 
Halbert   v.   Pranke,  579. 
Hale,  In  re,  72,   423,  429. 
Hale,   In   re,  267,   409,  441. 
Hale  V.   Henkel,  348. 
Haley  v.  Pope,  433. 
Hall,   In   re,   411. 

Hall  V.  C,  B.  &  Q.  R.  R.  Co.,  187. 
Hall  V.  Chicago,  B.  &  Q.  Ry.  Co.,  531. 
Hallin,    In   re,   37. 
Ilalper,   In   re,   442,    46(). 
Halsell,  In  re,  434,  438. 
Halsey     Electric     Generator    Co.,     In     re, 

35. 
Halsey    Electric    'Generator    Co.,    In    re, 

276. 
Halsey    V.    Diamond    Distilleries    Co.,    502. 
Ilammels  &   Hofman,  In  re,  230. 
llamnicrstein,    In    re,    437. 
Hamilton,  In  re,  4.35,  437,  439. 
Hamilton    Automol)il(>    Co.,     In    re,    239, 

262. 
Hamilton   Automobile  Co.,   In   re,   614. 
Hamilton    Furniture  Co.,   In   re,  261. 
Hamilton  Furniture  etc.  Co.,  In  re,  502, 

504. 
Hamilton    Nat.   Bank   of  Chicago  v.   Bal- 

comb,  568. 


are  to  pages.] 

Hammond,  In  re,  37,  39. 
Hammond,  In  re,  188. 
Hamrick,  In  re,  97,  718. 
Hankinson  v.   Vantine,   337. 
Hanna,   In   re,   438,   447. 
Hanna  v.  State  Trust  Co.,  154. 
Hanover  Nat.  Bank  v.  Moysees,  420. 
Hanover    Nat.    Bank    v.    Van    Nostrand, 

490. 
Hansen,  In  re,  462. 
Hansley   &  Adams,  In   re,   28,  46. 
Hansley    &    Adams,    In    re,    719. 
Hanson,   In   re,    173,    174,   722. 
Hanyan,   In   re,   34. 
Harder   v.  Clark,   565. 
Hardie  &  Co.,  In  re,  440. 
Hardie   v.    Swafford,   440. 
Hardt   v.    Schuylkill,    etc.,   Co.,   523,   524. 
Hardy   v.   Gray,  240. 
Hare,  In  re,   174,   176,  315,  722. 
Haring,   In   re,   202,   536. 
Haring,   In   re,    202,   536. 
Hark  Bros.,  In  re,  38,  736. 
Hark    Bros.,   In   re,   97. 
Hark  Bros.,  In  re,  336,  340. 
Hark  v.  C.  M.  Allen  Co.,  97. 
Harmon,   In   re,   274. 
Harnden,  In  re,  267. 
Harper,  In  re,  72,  238,  298. 
Harper,  In  re,  443. 
Harper  &  Bros.,   In   re,   41. 
Harper  v.  Rankin,   443. 
Harr,  In  re,  439. 
Harrington,   In   re,   508. 
Harris,  In  re,  20,  44. 
Harris,  In  re,  209. 
Harris,  In  re,  348. 
Harris,   In   re,   365. 
Harris,    In   re,   478. 
Harris,  In  re,  Geo.,  109,  .348,  610. 
Harris,    In   re,    W.     G.,   59,    64,    97,    719, 

725. 
Harris  &  Algor,  In  re,  459. 
Harris    Steam    Engine    Co.,    In    re,    Wm. 

A.,  276. 
Harris,  Trustee,  etc.,  v.  First  Nat.  Bank, 

etc.,   554. 
Harrison   Bros.,   In   re,   570,   728. 
Hart,    In    re,    348. 
Hart  &  Co.,  In  re,  544. 
Hart  &  Co.,  In  re,  734. 
Hart  man    v.    John    Peters    &    Co.,   41. 
Hart-Parr   Co.  v.  Barklev   &    Patton,  641. 


TABLE  OF  CASES. 


XXX  111 


[References 

Ilartsoll,  In  re,  188. 

llartzi'l,  Matter  of,  613. 

Harvey,  In  re,  477,  478. 

Harvey   v.   fiartner,  8!). 

Haskell,   In   re,   271>. 

Haskell,   In  re,  454. 

Hassenbusch,    In   re,   597. 

Hatch,  In  re,  188. 

Hatcher,    In    re,   720. 

Hatcm,   In   re,   2.')!),   280. 

Hathorn,    In    re,    337. 

Hawk,   In   re,   462. 

Hawkins,  In  re,  379. 

Hawkins,   In  re,   725. 

Hawley,  In  re,  215,  257. 

Hawley,  In  re,  271. 

Hawley,  In  re,  402. 

Hayden,  In  re,  201. 

Hayden,  In  re,  337. 

Hayer    v.    Comstock,    270. 

Hayes,  In  re,   161. 

Haynes  &   Sons,  In   re,  460. 

Hays,   In  re,  546. 

Hays   V.    Wagner,    36,    53. 

Ilayward   Export   Co..  W.,   v.   Lee,   275. 

Haywood     Co.     v.     Pittsburgli    Industrial 

Iron  Works,  503. 
Hazard  ^Ifg.   Co.   v.   Brown,  21. 
Hcbbart,   In  re,  20. 
Heckathorn,    In    re,    502,    507. 
Hecker-Jones-Jewell  Milling  Co.  v.   Stras- 

bourger,  502,  503. 
Hecox,    In   re,    640. 
Hecox  V.  County  of  Teller,  276. 
Hecl)iier,    In    re,   223. 
Hegner    v.     American    Trust    &    Savings 

Rank,  642. 
Heim   Milk  Product   Co.,  In   re,   110,   132, 

272. 
Heine  &   Co.,   In   re,   Arnold    P..,   231. 
Heinsfurter,  In   re,  50. 
ileintz.  In   re,   199. 

Helekcr   Bros.   Mercantile   Co.,   In    re,   41. 
Hemstreet,  In  re,   345,  ,360. 
Henderson   v.   Mayer,    277. 
Hendrick,   In   re,   434,   447. 
Hcnnan,  In  re,  567. 
Hennebry,    In    re,    437. 
Henrie   v.   Henderson,  554. 
Kcnrie   v.   Henderson,  5,54. 
Henschel,  In  re,   173.   176.  722. 
Henschel,  In  re,  173,  722. 


are  to  pages.] 

Henschel,   In   re,    173,   732. 

Henschi'l,    In   re,   337. 

Henschel,   In   re,  423,  730. 

Henschel,  In  re,  645. 

Herbold,   In   re,   190. 

Hercules    Atkin    Co.,    Ltd..   In   re,    34. 

Herr,   In  re    (No.    1),   .137. 

Herrman,   In  re,  423. 

Herron  Co.,  R.  H.,  v.  Moore,  569. 

Hersey,   In   re,   270. 

Hershberger,  In   re,  271. 

Herskowitz,     In    re.     1'.)!). 

Herzikopf,  In  re,  35,  37,  717. 

Herzikopf,   In  re,  64. 

Hess,    In    re,    348. 

Hewitt    V.     Berlin    Machine    \\()rks.    613, 

650. 
Hewitt   V.   Boston   Strawboard  Co.,  566. 
Heyman,  In  re,   195. 
Heyman,  In  re,  537. 
Heyman    v.    Third    Nat.    Bank    of    J.    C, 

270,  567. 
Hicks,    In    re,    326. 
Hicks,  In  re,  407,  409. 
Higgins,  In   re,   523. 
Hilborn,  In  re,  469. 
Hildebrant,   In   re,   502. 
Hildreth   Granite   Co.    v.    City   of    Water- 

vliet,   525. 
Hildreth   Granite   Co.   v.    City   of    Water- 

vliet,   525. 
Hill,   Ex   parte,   408. 
Hill,  In  re,   187. 
Hill,  In  re.  260. 
Hill   V.   Levy,   59. 
Hill  Co.,  In  re,  502. 
Hill  Co.,  In  re,  T.   E.,   108,  139,  143. 
Hill  Co.,  In  re,  T.  E.,  616,  620.  623. 
Hill   Co.,   T.   E.,  v.   Contractors,   etc.,   Co., 

113. 
Hill  Co.,  T.  E..  V.  r.  S.   Fidelity  &  (Guar- 
anty Co.,   108,   112,   113. 
Hill,    Receiver,    v.    Western    Pllectric    Co., 

42. 
Hills  &   Hills,  In  re,  277. 
Hills  &   Sons,   In   re.   William,   269. 
Hills  V.  McKinness  Co.,  32.  93. 
Hilton,   In   re,   408,    601. 
Hilton,    In    re,    732. 

Hinckel    Brewing   Co..    In    re.    261.   271. 
Hinds  V.  Moore,  613. 
Hines,  In   re,   30,    186,    188. 


XXXIV 


TABLE  OF  CASES. 


[References 

Nines,  In  re,  89,  112,  733. 

Hines,  In  ro,  241,  242,  568. 

Hintze,    In    re,    90. 

Hirsch,    In    re,    434. 

Hirschmann,    In    re,    268. 

Hirshowitz,   In    re,   436. 

Hirth,   In   re,   269. 

Hiscock   V.    Varick    Bank,   243,    408,    736. 

Hitchcock,  In  re,  229. 

Hiteshue    v.    .Jones,    442. 

Hixon,  In  re,  434,  447,  732,  733. 

Hobbs  V.  Head  &,  Doust  Co.,  650. 

Ilobbs  V.  Head  &  Doust  Co.,  651. 

Hockman,  In  re,  422,  448. 

Hodge,  In  re,   439. 

HoflFschlaeger   Co.    (Lim.)    v.   Young   Xap, 

47. 
Hoffschlaeger   Co.    (Lim.)    v.   Young   Xap, 

113,   733. 
Hoffschlaeger   Co.    (Lim.)    x.   Young   Xap, 

598. 
Holden  v.   Stratton,  644,  645,  650,  657. 
Hollander,    In    re,    224. 
Hollins,  In  re,  287. 
Holman,  In   re,   431,   434,   447,   732. 
Holmes,  In  re,  422. 
Holmes,  In  re,  642. 
Holmes  v.  Baker  &  Hamilton,  39. 
Holt  V.  Henley,  508. 

Home  Discount  Co.,  In  re,  209,  407,  730. 
Home  Powder  Co.  v.   Geis,  44,   54. 
Hooks  Smelting  Co.,  In  re,  337. 
Hooks  V.   Aldredge,  41. 
Hoover,   In  re,  462. 
Hopkins,  In  re,  202. 
Horgan  &   Slattery,  In  re,  337. 
Home,   In   re,  239. 
Horner^aylord  Co.  v.  Miller  &  Bennett, 

579,  581. 
Hornstein,   In   re,   35,   36. 
Houck  V.   Cristy,  208,  580. 
Houghton   V.   Burden,   613,   617,   730. 
HoTighton  V.  Rtiner,  564. 
Howard,  In  re,  268. 
Howard,    In   re,   309. 
Howard,  In  re,  335,  336,  536. 
Howard,  In  re,  439. 
Howard  v.  Cunliff,    429. 
Howe  Mfg.  Co.,  In  re,  260. 
Howell,  In  re,  35. 
Hoxie,    In    re,   489. 
Hoy,  In  re,  33. 


are  to  pages.] 

Hoyt,   In   re,   324,   731. 

Hoyt    &    Mitchell,    In    re,   290,    728,    730, 

731. 
Huddleston,   In    re,   722. 
Hudson  Clothing  Co.,  In  re,  618. 
Hudson   Porcelain    Co.,   In   re,   250. 
Hudson  River  Electric  Power  Co.,  In  re, 

54,  60. 
Hudson  River  Electric   Co.,   In  re,   657. 
Hughes,   In   re,   34,   579. 
Hull  V.  Burr,  71. 
Hull  V.  Burr,  306. 
Hull  V.  Burr,  314. 
Hull   V.    Burr,   411. 
Hull  V.  Hudson,  577. 
Humbert,  In  re,  L.,  53,  73. 
Huntington   v.    Baskerville,    191,   570. 
Hunt,  In  re,   37. 
Hunt,  In  re,  580. 
Hunt   V.    Doyal,   577. 
Hunt  V.   Sharkey,   593. 
Iluntenberg,  In  re,  275. 
Hurley,  In  re,  274. 
Hussey   v.    Judson,   466. 
Hussey  v.  Richardson-Roberts  Dry  Goods. 

Co.,   62,   72,   568. 
Hutchinson  v.  Leroy,  641. 
Hutchinson   v.    Otis,    2.39,    240,    613,    616, 

644. 
Hutchinson    v.    Otis,    650. 
Huttig  Mfg.  Co.  V.  Edwards,  71,  568,  731. 
Huttig  Sash   &  Door  Co.  v.   Stitt,   642. 
Hyde  &  Co.,  In  re,  97. 
Hyde  v.  Woods,  381. 


Idsall,   In  re,  438. 

Imperial  Brew.  Co.,  In  re,  270. 

Independent  Thread   Co.,  In  re,   35. 

Ingalls  Bros.,  In  re,  237,  715,  724,  727. 

Inge    V.    Stillwell,    443. 

Ingram    v.    Ingram    Dart    Lighterage    Co., 

109. 
Ingram  v.  Wilson,  188,  640. 
Inman   &   Co.,   In  re,   270. 
Inman   &   Co.,   In  re,  270. 
International    Harvester    Co.    v.    Carlson, 

456,  722,   736. 
International    ^Tilling    Co.,    In    re,    271. 
Interstate   Paving  Co.,   In  re,  525. 
Irion  v.  Knapp,  et  al.,  21. 
Irish  V.  Citizens  Trust  Co.  571. 


TABLE  OF  CASES. 


XXXV 


[References  are  to  pages.] 


Iron  Clad  Mfg.  Co.,  In  re,  70. 
Iron  Clad  Mfg.  Co.,  In  re,  201. 
Irwin,  In  re,  186. 
Isaacson,  In  re,  126,  138,  139. 
Isaacson,  In  re,   340,   728. 
Isaacson,    In   re,   71  se- 
lves. In  re,  92,  616,  640. 
Iwanaga,  In  re,  735. 


J. 


Jacobs,   In   re,    641,    644. 

Jacobs,  In  re,  435. 

Jacobs  &  ano..  In  re,  436. 

Jacobs    V.   George,    620. 

Jacobs  &  Roth,  In  re,  174,  339. 

Jacobs  V.  SiflF,  490. 

Jacobson,  In  re,  59. 

Jacobson  &  Son  Co.,  In  re,  B.  490. 

Jamaica  Slate  Roofing  &  Supply  Co.,  In 

re,  89. 
James,  In  re,  436. 
James  Supply  &  Hardware  Co.  v.  Dayton 

Coal  &  Iron  Co.,  Ltd.,  42. 
James  v.   Gray,  260. 
James  v.   Stone,  436. 
James  v.   Stone   &   Co.,  650. 
Jamieson,  In  re,  221. 
Jamieson,  In  re,  435. 
•lanavitz,   In  re,   438. 
Jarecki  Mfg.  Co.  v.  McElwaine,  72. 
Jassoy  Co.,  In  re,  594. 
Jcffers,  In  re,  191. 
Jeflferson,  In  re,  338. 
Jefferson  Casket  Co.,  In  re,  22,  24. 
Jehu,  In  re,  20,  336. 
Jenkins,  In  re,  270. 

Jennings  v.  Wm.  A.  Stannus  &  Son,  190. 
Jennison  Mercantile  Co.,  In  re,  52,  643. 
Jersey    Island    Packing    Co.,    In    re,    298, 

408. 
Jersey  Island  Packing  Co.,  In  re,  496. 
Jewett  Bros.  v.  Huffman,   187. 
Jobbins  v.  Montague,  93. 
Johansen  Bros.  Shoe  Co.  v.  Alles,  59. 
Johnson,  In  re,  33. 
Johnson,  In  re,  243. 
Johnson,  In  re,  422,  449. 
Johnson,  In  re,  447,   733. 
Johnson,  In  re,  508. 
Johnson,  In  re,  50S. 

Johnson  v.  Knox  Lumber  Co.,  In  re,  345, 
537. 


Johnson  v.  Dismukes,  581. 

Johnson  v.  Hanley  Hoy  Co.,  564. 

Johnson  v.  Norris,  237,  430. 

Johnson    v.    United    States,    21,    22,    609, 

610. 
Johnson  v.  United  States,   609. 
Johnson  v.   United   States,   610. 
Johnst-on  v.   For8ji;h  Mercantile   Co.,  578, 
Johnston  v.  Forsyth  Mercantile  Co.,  580. 
Jones,  In  re,  55,   736. 
Jones,   In   re,   278. 
Jones  Bros.  &  Co.,  In  re,  277. 
Jones  V.  Aug.   Wright  Co.,  39. 
Jones   V.    Coates,   42. 
Jordan,   In  re,   441. 
Jordan  v.   Bridges,  319. 
Joseph  V.  Markley,  319. 
Joseph   V.   Raff,   319. 
Josephs,  In  re,  439. 
Josephs  V.  Powell  &  Co.,  439. 
Julius  Bros.,  In  re,  72,  441. 
.Julius    Bros.,    In    re,    441. 
Junck  &  Balthazard,  In  re,  28,  719. 
Jungman    &    Co.,    Inc.,    In    re,    365,    613. 

K. 
Kahn,  In  re,  474. 
Kahn,    In   re,   536. 
Kaiser,  In  re,  434,  447,  450. 
Kajita,  In  re,  290. 

Kalb  &  Berger  Mfg.  Co.,  In  re,  132,  133. 
Kallak,  In  re,  276. 
Kalter,  In  re,  290. 
Kane,  In   re,   200. 
Kanter  &  Cohen,  In  re,  13*3. 
Kanter  &  Cohen,  In  re,  337. 
Kaplan,  In  re,   18G. 
Kaplan,  In  re,  495,  496. 
Kaplan  Bros.,  In  re,  338,  536,   728. 
Karger  v.  Orth,  443. 
Karp,  In  re,  538. 
Karp,  In  re,  546. 
Kassel,  In  re,  39. 
Kauffman  v.  United  States,  609. 
Kaufman,   In   re,  72. 
Kaufman,  In  re,  97. 
Kaufman,  In  re,  173,  176. 
Kaufman,  In  re,  430. 
Kaufman,  In  re,  259. 
Kaufmann,  In  re,  186. 
Kaufman  v.  Lindner,  466. 
Kaupisch  Creamery  Co.,  In  re,  524. 
Kavanaugh  v.  Mclntvre,  et  al.,  442. 


XXXVl 


TABLE  OF  CASES. 


[References  ar 

Kavanaugh  v.  Mclntyre,  et  al.,  442. 

Kayser,  In  re,  570. 

Kearney  Bros.,  In  re,  306. 

Keek  Mfg.   Co.,  H.  v.  Lorsch,  618. 

Keefauver  v.  Hevenor,  443. 

Keefer,  In  re,  439. 

Keet,  In  re,  391,  392. 

Keeton,  Stell  &  Co.,  In  re,  270. 

Kehler,  In  re,   19,  33,  70. 

Keith-Garra  Co.,  In  re,  277. 

Keith,    Trustee    v.    Gettysburg    National 

Bank,  567. 
Keller,  In  re,  230, 
Keller,  In  re,  338. 
Keller,  In  re,  394. 
Kelley,  In  re,  478. 
Kellogg,  In  re,  2G2. 
Kelly,  In  re,   103. 
Kelly,  In  re,  188. 
Kelly,  In  re,  442. 
KeUy  Drj-  Goods  Co.,  In  re,  53,  123,  133, 

139,  173,  259,  365,  730. 
Kelsey  v.  Munson,  236. 
Kemp,  In  re,  523. 
Kemper,  In  re,  240. 
Kendrick  &  Co.,  In  re,  C.  H.,  433,  733. 
Kennedy  Tailoring  Co.,  In  re  42. 
Kenney,  In  re,  523,  526. 
Kenney,  In  re,  526. 
Kenney  &  Co.,  In  re,  173,  176,  271,  722, 

736. 
Kenova    Loan    &    Trust   Co.    v.    Graham, 

641,  643. 
Kentucky  National  Bank  v.  Carley,  447. 
Kentucky  National  Bank  v.  Carley,  462. 
Kenwood  Ice  Co.,  In  re,  20,  24. 
Kenyon,  In  re,  208,  241,  502. 
Keppel  &  Tiffin  Savings  Bank,  240. 
Kerber,  In  re,  345. 
Kerlin,  In  re,  570. 

Kerrch  v.  United  States,  609,  610,  655. 
Kerstcn,  In  re,  54. 
Kessler,  In  re,  366. 
Kessler  &  Co.,  In  re,  24)3. 
Kessler,  et  al.,  In  re,  237,  239. 
Kessler  v.  Ilcrklotz,  308. 
Ketchum,  In  re,  597. 
Ketterer  Mfg.  Co.,  In  re,  141,  143. 
Kettercr  Mfg.  Co.,  In  re,   173. 
Ketterer  Mfg.  Co.,  In  re,  396. 
Keyes,  In  re,  239. 
Keystone  Warehouse  Co.  v.  Bissell,  566. 


e  to  pages.] 

Kiendl,    as   trustee,   etc.   v.   DubrofT,    319. 
Kimball,  In  re,  237. 
Kimmel,  In  re,  215. 
Kimmerle  v.  Farr,  568. 
Kindt,  In  re,  49. 
King,  In  re,  70,  77. 
King  V.  Bloch  Amusement  Co.  524. 
King  Motor  Co.,  In  re,  508. 
Kingsley,  In  re,  20. 
Kinkcad  v.  J.  Bacon  &  Sons,  478. 
Kinnane,  In  re,  469. 
Kinnane,  In  re,  490. 
Kinsey  Co.,  In  re  E.  A.,  392. 
Kirkpatrick,   In   re,   139. 
Kirkpatrick  v.  Harnesberger,  613. 
Kirsner  v.  Taliaferro,   199. 
Kiskadden  v.   Steinla,  594,  615. 
Klein  &  Co.,  In  re,  547. 
Klein   v.   Powell,   435. 
Kleinhaus,  In  re,  408. 
Klftchka,  In  re,  410. 
Klinger  v.  Hyman,  580. 
Knapp  V.  Milwaukee  Trust  Co.,  613,  651, 
736. 

Knapp  V.  Milwaukee  Trust  Co.,  651,  736. 

Knapp  &  Spencer  Co.  v.  Drew,  202,  215, 
722,  730. 

Knaszak,  In  re,  435,  454,  456. 

Knauer,  In  re,  422. 

Knauth,   Nachod   &  Kulme  v.    Latham   & 
Co.,   567. 

Knopf,  In  re,   108,  581,  722. 

Knopf,  In  re,  580. 

Knosher  &  Co.,  In  re  Chas.,  139,  402. 

Knott  V.  Putnam,  732. 

Knox,  In  re,  176. 

Knox  Auto  Co.,  In  re,  375,  725. 

Kobusch  V.  Hand,  565,  570. 

Koenig,  In  re,   729. 

Kohler,  In  re,  224,  579. 

Kohl-Hepp  Brick  Co.,  In  re,  393. 

Kohn  V.  United  States,  610. 

Kolber,  In  re,  190. 

Kornit  Mfg.  Co.,  In  re,  202. 

Koronsky,  In  re,  410. 

Kovoloff  V.  United  States,  610. 

Kramer,  In  re,  201. 

Kravcr  v.  Abrahams,  578. 

Krecume,  In  re,  294,  724. 

Kreith'in  v.  Ferger,  21,  429,  467. 

Kreitlein  v.  Ferger,  21,  429,  467. 

Kretsch,  In  re,  434. 


TABLE  OF  CASES. 


xxxvn 


[References 
Kretz,   In  re,  440. 
Kreuger,  In  re,  174,  722. 
Krinsky,  In  re,  411. 
Kronfeld  v.  Liebman,  319. 
Kronrot,  In  re,   396,  402. 
Kross,  In  re,  206,  229. 
Kuffler,  In  re,   176. 
Kiiffler,  In  re,  262,  336,  423. 
Kuffler,  In  re,  423. 
Kuffler,  In  re,  423. 
Kuffler,  In  re,  423. 
Kuffler,  In  re,  614,  615,  644. 
Kugler  Syndicate,  In  re,  268. 
Kuntz  V.  Young,  423. 
Kurtz,  In  re,  209,  730. 
Kyie  Lumber  Co.  v.  Bush,  100,  613. 
Kyte,  In  re,  138. 
Kyte,  In  re,  440. 
Kyte,  In  re,  457. 


Lacey  &  Co.,  In  re,  735. 
Lachenmaier,  In  re,  441. 
Lackawanna    Leather    Co.    v.    La    Porte 

Carriage    Co.,    89. 
Laflerty   &  Bro.,  In  re,   258. 
La   France  Copper  Co.,  In  re,  378. 
Lake  Jackson  Sugar  Co.,  In  re,  33. 
Lamson     Consol.     Store     Service     Co.     v. 

Bowland,   268. 
Landis,  In  re,  201. 
Landis,  In  re,  239,  508. 
L.  &  K  R.  R.  Co.  V.  Bryant,  442. 
Landry  v.  Andrews,  565. 
Lane,  In  re,  486,  487. 
Lane  Lumber  Co.,  In  re,  229. 
Lane  Lumber  Co.   Ltd.,  In   re,   525. 
Lang,  In  re,  97. 
Lange,  In  re,  340. 
Lange  Co.,  In  re  Otto  F.,  240. 
Langford,  et  al..  In  re,  231,  735. 
Langslow,  In  re,  26,  734. 
Lans,  In  re,  201. 

La  Plume  Milk  Co.,  In  re,  109,  200. 
Larkin,  In  re,  38. 
Lasch,   In   re,   200. 
Lasch,  In  re,  462. 
Laskaris,  In  re,  37,  736. 
Lathrop  Bank  v.  Holland,  570. 
Lathrop,  Haskins  &  Co.,  In  re,  237,  239. 
Lathrop,  Haskins  &  Co.,  In  re,  286. 
Lathrop,  Haskins  &  Co.,  In  re,  337. 


are  to  pages.] 

Latimer  v.  McXeal,   109. 
Laughlin,  In  re,  29,  71,  423,  429. 
Lavoc,  In  re,   77. 
Lavoc,  In  re,  113,   139. 
Law,   In   re,   174. 
Lawrence,  In  re,  409.  410. 
Lawrence,    In   re,   617. 
Lazarus  v.  Eagen,  70. 

Lazarus,  et   al.   v.   Prentice,  ancillary   re- 
ceiver,  650. 
Lazoris,   In  re,   175. 
Leavitt  &  Grant,  In  re,  613. 
Lederer,  In  re,  88,  423. 
Lee,  In  re,  240. 
Lee,  In  re,  641. 
Leech,  In  re,  190,  566. 
Leibowitz,  In  re,  238. 
Leicester  v.  Hoadley,  443. 
Leidigh   Carriage   Co.   v.   Stengel,   38,   59. 
Leinweber,  In  re,  200. 
Leland,  In  re,  33. 
Lemon,  In  re,   32. 

Lennox  v.  Allen  Lane  Co.,  et  al.,  654. 
Lenoir-Cross  &  Co.,  In  re  26,  719. 
Lenters,  In  re,  736. 
Lenweaver,  In   re,   754. 
Lesaius   v.   Goodman,    641. 
Lesher  &  Son,  In  re,  T.  M.,  209,  730. 
Leslie,  In  re,  451. 
Lessaius,  In  re,  642. 
Lesser,  In  re,  640,  641. 
Lesser  Bros.,  In  re,  410,  722. 
Lesser,  In  re  J.  S.,  437. 
Lesser  v.   Bradford  Realty  Co.,  564,  565. 
Letson,  In  re,  02,  72,  191. 
Leverton,  In  re,   18S,  724. 
Leverton,  In  re,  312.   326. 
Levey,  In  re,  433,  439,  448,  733. 
Levi  &  Klauber,  In  re,  53,  720. 
Levi  &  Picard,  In  re,  503,  504. 
Levi  &  Picard,  In  re,  503,  504. 
Levin,  In   re,   338. 
Levin,  In   re,   733. 
Levingston,  In   re,  37. 
Levor  v.  Seiter,  523,  526. 
Levy,  In  re,  30,  192. 
Levy,  In  re,  261,  727, 
Levy,  In  re,  474. 
Levy,  In  re,  489. 
l^evj  &  Sons  Co.,  In  re  D.,  269. 
Levy  Outfitting  Co.,  Ltd.,  In   re   Francis, 
48,  93. 


XXXVlll 


TABLE  OF  CASES. 


[References 
Levy  Outfitting  Co.,  In  re  F.,  229,  544. 
Lewensohn,  In  re,  173,  174,  176,  729. 
Lewensohn,  In  re,  238,  601,  721,  73'2. 
Lewensohn,  In  re,  259,  261,  729. 
Lewin,  In  re,  206. 
Lewin,  In  re,  438. 
Lewin,  In  re,  4G0. 
Lewis  Eck  &  Co.,  In  re,  261. 
Lewis,  In  re,  438,  439. 
Lewis,  In  re,  503. 
Lewis,  In  re  E.  B..  275. 
Lewis  V.  Bishop,  580. 
Lewis   V.   Julius,   580. 
Liddon  &   Bro.  v.  Smith,  613. 
Liesum  v.  Krauss,  21,  717. 
Linck  Cons.  Co.,  In  re  John  M.,  644. 
Lindeke  v.  Converse,  423,  434,  641. 
Linker,  In  re,  438. 
Linton,  In  re,  208,  258. 
Lipke,  In  re,  597. 
Lipman,  In  re,  160. 
Lipman,   In  re,  21. 
Lipman  v.  Stein,  21,   188. 
Lipphart,  In  re,  20. 
Lipset  Co.,  In  re,   728,   736. 
Lisk  Mfg.  Co.,  In  re,  54. 
Little,  In  re,  441. 
Littlefield,  In  re,  391,  393. 
Livingston  Co.,  In  re  John  H.,  259,  262. 
Lloyd,  In  re,  173. 

Loekman  v.  E.xchange  Bank,  187,   191. 
Lockman  v.  Lang,  59,  617,  618,  622,  623. 
Ix)ckman  v.  Lang,  618,  620,  622,  655. 
Loden,  In  re,  190,  236. 
Ijoeser  v.  Dallas,   161. 
Logan,  In  re,  199. 
Logan,  In  re,  435. 
Longbottom  &  Sons,  In  re,  200. 
Long  v.    Farmers'   State   Bank,   622,   654, 
Ix)omis  V.   Wallblom,  72. 
Lorch  k  Co.,  In  re  S.  Z.,  210,  243. 
Loughney,  In  re,  720,  735. 
Louisiana  Nat.  Life  Ass'n  Soc.  v.   Segen, 

38. 
Louisville   Trust   Co.   v.   Comminger,   546 

547,   614,   657. 
Love  V.  Export  Storage  Co.,  208,  554. 
Loveless   v.   Southern   (irocer  Co.,  546. 
Lovell  V.  Isidor  Newman  &  Son,  650. 
Ix)vell  V.  Latliam,  555. 
Lovoll  V.  Latham,  565. 
Loving,  In   re,   615,   644. 


are  to  pages.] 

Lowenstein,  In   re,  436. 

Luby,  In  re,  188. 

Lucius,  In  re,  188. 

Lucius  V.  Cawthorn-Coleman  Co.,  650. 

Ludeke,  In  re,  531. 

Ludlow  V.  Pugh,  277. 

Ludvigh  V.  American  Woolen  Co.,  506. 

Ludvigh    V.    American    Woolen    Co.,    573, 

585. 
Luftig,  In  re,  437. 
Lutfy,  In  re,  38. 
Lynan,  In  re,  71,  92. 
Lynch,  In  re,  186. 
Lynch  v.   Bronson,  238. 
Lynch  v.   Bronson,  555. 
Lyon,  In  re,  261,  727. 
Lyon  v.    Wallace.   579. 
Lyons    Beet    Sugar    Refining    Co.,    In    re, 
240,  270. 

M. 
McAllister-Newgord  Co.,  In  re,  243. 
McBryde,  In  re,  238. 
McCabe   v.   Patton,   270. 
MeCall,  In  re,  487,  604,  618. 
McCallum,  In  re,   305. 
McCallum  &  McCallum,  In  re,  239. 
LtcCann,   In  re,  436. 
IMcCann   v.   Evans,  277. 
McCarthy,  In  re,  446. 
McCarthy   Portable   Elevator  Co.,    In    re, 

237. 
McCarthy  v.  Coffin,  613. 
McCauley,  In  re,  267. 
McCauley  v.  .Jackson,  296,  324. 
McChristal  v.  Clisbee,  442. 
McClintock,  In   re,  21,   187,   189,  293. 
McConnell,  In  re,  22. 
McCormick,  In  re,  199. 
McCormick   v.   ,Solinsky,   490. 
ilcCracken  &  McLeod,  In  re,  544. 
:\IcCrca,  In  re,  22,  436. 
IMeCreery  &  Co.   v.   Brown,   22. 
ilcCruni,  In  re,  .■)46. 
,       McCubbin   Co.,  In  ro  C.  J.,  231,   729,  735. 
MoCuUock    V.    Davenport    Savings    Bank, 

728. 
McDavid  Lumber  Co.,  In  re,  27ow 
McDaniel  v.  Stroud,  617. 
McDonald,  In  re,  93. 
McDonald,  In  re,  503. 
McDonald  &  Sons,  In  re  C.  J.,  569,  570. 


TABLE  OF  CASES. 


XXXIX 


[References 

McDonald  v.  Brown,  442. 

McDonald  v.  Taylor  &   Co^,  486. 

McDonald  v.   Tefft   Weller,   19,  33. 

McDutr,  In  re,  449,  721. 

McKldowncy   v.   Card,   554. 

McElvain  v.  Hardesty,  571. 

McEwen  v.  Totten,  503. 

MoFaun,  In  ro,  72,  428. 

McGahan  v.  Anderson,   187,  1?8. 

ilcGeo,  In  re,  567. 

McGill,  In  re,  173,  174. 

McGurn,  In  re,  434. 

Mclntyre  &  Co.,  In  re  T.  A.,  259. 

IMcIntyre  &  Co.,  In  re,  267. 

Mclntyre   &   Co.,   In   re   T.   A.,   286,   287, 

736. 
Mclntyre  &  Co.,  In  re  T.  A.,  287. 
Mclntyre  &  Co.    (Pet.  of  Pippey),  In  re, 

T.  A.,  287. 
McKane,  In  re,  112. 
McKane,  In  re,  437,  440. 
IMcKee,  In  re,  20. 
ircKee,  In  re,  541. 
McKee  v.  Preble,  22,  466. 
McKenny  v.  Cheny,  187. 
McKenzie,  In  re,  89,  733. 
McKonzie,  In  re,  394,  640,  642. 
McKey  v.  Cochran,  573. 
McKey  V.   Smith,   579. 
McKibbon,  Driscoll  &  Dorsey  v.  Haskell, 

438. 
McLellan,  In  re,  490. 
IMoLish  V.  Roff,  664. 
McMahon,  In  re,  392,  640,  644. 
McMahon  v.  Pithan,  578. 
IMcMurtrey  &  Smith,  In  re,  72. 
McNaboe    v.    Columbian    Mfg.    Co.,    567, 

569. 
INIcNally,  In  re  Tliomas,    44. 
JlcXally,  In  re  Thomas,    54. 
McXamara,  In  re,  434. 
McXeal  v.  Folk,  60,  70. 
McXiel  V.  U.  S.,  608. 
McX-ulty  V.  Feingold,  580. 
McVoy  Hardware  Co.,  In  re,  487. 
Maas  V.  Kuhn,  411,  531. 
IVIacDonald  v.  Tcfft-Weller  Co.,  et  al.,  33. 
Machin,  In  re,  722. 
Mackeller,  In  re,   173,   176. 
Mackay    v.    Randolph    JNIacon    Coal    Ck)., 

267. 
Mackeller,  In  re,  173,  176. 
Mackel   v.   Rochester,   337. 


are  to  pages.] 

Mackel  V.  Rochester,  409,  410. 

Mackey,  In  re,  21,  32. 

Mackey,  In  re,  44,  52. 

Mackissac,  In  re,  187,  188. 

Madden,  In   re,  640. 

Madson  (Steel  Co.,  In  re,  161,  356. 

Magee   v.   Fox,  565. 

Magen,  In  re,  537. 

Magen  &  Magen,  In  re,  451. 

Magen  Bros.   Co.,  In  re,  431,  438,   733. 

Magen  v.  Campbell,  537. 

Magid-Hope  Silk  ilfg.  Co.,  In  re,  44,  48. 

Maher,  In  re,  441. 

Maher,  In  re,  531. 

Mahler,  In  re,  271. 

Mahoney,  et  al.  v.  Ward,  21,  717. 

Maier  v.  Maier,  444,  460. 

Malino,    In   re,    174. 

Malloch  V,  Adams,  309. 

Malschick,  In  re,  338. 

Mammoth  Pine,  etc.,  Co.,  In  re,  52. 

Mammoth   Pine   Lumber   Co.,   In   re,    139, 

729,  731. 
Mandel,  In  re,  22,  33. 
Mandell  &  Co.  v.  Levy,  485. 
Mangan,  In  re,  174. 

Manhattan  Brush  Mfg.  Co.,  In  re,  238. 
Manhattan  Ice  Co.,  In  re,  35. 
]Manistee  Watch  Co.,  In  re,  392. 
Manning,  In  re,  185. 
Manning,  In  re,  189,  293,  724. 
Manning,  In  re,  546. 
Manson  v.  Williams,  71. 
Maplecroft  Mills,  In  re,  42. 
Maples,  In  re,  428,  443. 
Marble  Products  Co.,  In  re,  547. 
Marcus,  In  re,  233. 
]\Iarcus,  In  re,  345. 
Marcus,  In  re,  601,  732. 
Marcus  &  Scherr,  In  re,  437,  438. 
Marcus  &  Scherr,  In  re,  437,  438. 
Marengo  Mercantile  Co.,  In  re,  209,  503. 
Margulies,  In  re,   174. 
Marine  Machine,  etc,  Co.,  In  re,  44,  53. 
Marks,  In  re,  202,  209,  730. 
Martin,  In  re,  229. 
Martin,   In  re,  272. 
Martin,  In  re,  393. 
Martin,  In  re,   478. 
Martin,  In  re,  567. 
Martin,  In  re,  619. 
Martin  v.  Bigelow.  566. 
Martin  v.  Orgain,  271,  277. 


xl 


TABLE  OF  CASES. 


[References  ar 

Martin  v.  Spencer,  103. 

Marshall  Field  &  Co.  v.  Wolf  &  Bro.  Dry 

Goods   Co.,   487. 
Marshall  Paper  Co.,  In  re,  428,  429. 
Mason,  In  re,  30,  186. 
Mason,  In  re,  49,  71,  92,  422. 
Mason  v.  Xat.  Bank  of  Little  Falls,  566, 

570. 
Mason  v.   St.  Albans  Furniture  Co.,  274. 
Mason  v.  Wblkowich,  109,  365,  613,  644. 
Mathews  Consol.  Slate  Co.,  In  re,  32,  44. 
Matson,  In  re,  33. 
Matthews,  In  re,  396. 
Matthews,  In  re,  720. 
Mattley  v.  Wolfe,  579. 
Mauzy,  In  re,  462. 
Maxson,  In  re,   186,   189. 
Maxwell  v.  Martin,  238,  441. 
Mayer,  In  re,  229. 

Mayer,  In  re,  338. 
Mayer,  In  re,  437. 
Mayer,  etc.,  In  re,  408. 

Maynard  &  Co.,  In  re  J.  E.,  188. 

Maynard  v.  Hecht,  664. 

Mays,  In  re,  547. 

Maytag^Mason  Motor  Co.,  In  re,  486. 

Meadows,  In  re,  231. 

Meadows,  In  re,  326. 

Meadows,  Williams  &  Co.,  In  re,  555. 

Mechanics-American    Xat.    Bank    v.    Cole- 
man, 270. 

^ledina  Quarry  Co.,  In  re,  237,  727. 

Medina  Quarry   Co.,   In  re,   544. 

Meier,  In  re,  201. 

Meisel  &  Co.  L.  v.  Xat.  Jewelers'  Board 
of  Trade,  257. 

Mellen,  In  re,  339. 

Mercedes  Import.  Co.,  In  re,  410. 

Mercer,  In  re  278. 

Merchants'  Xat.  Bank.  etc.  v.  Cole  Adm., 
617. 

Mercur,  In  re,  97. 

Meredith,  In  re,  190,  242. 

Mero,  In  re,  37,  434. 

Merritt  Cons.  Co.,  In  re,  175. 

Merritt  v.   Halliday,   564. 

Merry,  In  re,   187. 

^lersman.  In  re,  305, 

Mertens,  In  re,  644. 

:Mertins  &  Co.,  In  re,  230,  243. 

IVfertens  &  Co.,  In  re  J.  M.,  400. 

Merwin  &  Willougliby  Co.,  In  re,  268. 


e  to  pages.] 

^tessengill,  In  re,  474. 

Metallic  Specialty   INIfg.    Co.,   In   re,   402. 

Metals  Extraction  &  Reiining  Co.,  in  re., 

113. 
Metcalf  V.  Barker,  410,  523,  722. 
Metropolitan  Jewelry  Co.,  In  re,  275. 
Metropolitan  Motor   Car  Co.,  In  re,   139. 
Metropolitan     Store     &     Saloon     Fixture 

Co.,  In  re,  309. 
Meurer,  In  re,  430. 

Mexico  Hardware   Co.,  In  re,  261,   727. 
Meyer,  In  re,  29,  41,   46. 
Meyer,  In  re,  238,  541. 
Meyer  &  Bleuler,  In  re,  277. 
Meyer    Drug    Co.    v.    Pipkin    Drug    Co., 

644. 
Meyers,  In  re,   71,  429. 
Meyers,  In  re,  436. 
Meyers,  In  re,  462,  463. 
Michaelis  &  Lindeman,  In  re,  201. 
Michaels,  In  re,  536. 
Miers,  In  re,  457. 
Miles  Paint  Mfg.  Co.,  In  re,  38. 
Milgram  v.  Ost,  433,  434,  435. 
Milkman  v.   Arthe,  573. 
Milkman  v.  Arthe,  573,  579. 
Milkman  v.  Arthe,  573,  579. 
Millan  v.  Exchange  Bank  of  Mannington, 

32,  96. 
Miller,  In  re,  97. 
Miller,  In  re,  429. 
Miller,  In  re,  435. 
Miller,  In  re,  436,  439. 
Miller,  In  re,  440. 
Miller,  In  re,  536. 
Miller  Bros.  Oroc.  Co.,  In  re.  268. 
Miller    Elect.     Maintenance    Co.,    In     re, 

593. 
Miller  v.  Cuasti,  467. 
Mills  Co.,  In  re,  568. 

Mills  V.  J.  II.   Fisher  &  Co.,  41,  46.  618. 
Mills    V.    Virginia-Carolina    Lumber    Co., 

243,  392. 
Milne  :\rfg.  Co.,  In   re,  379,  402,   725. 
Milne,  Turnbull  &  Co.,  In  re,  174. 
Mimms  &  Parham,  In  re,  201. 
Miner,  In  re,  237. 
Miner's  Brewing  Co.,  In  re,  2.39,  392,  393, 

394. 
Mintzer,  In  re,  434,  447. 
Mishawaka    Woolen    Mfg.    Co.    v.    Smith, 

507. 


TABLE  OF  CASES. 


xli 


[References 
Mishawaka  Woolen  Mfg.  Co.  v.  Westveer, 

507. 
Mitchell,  In  re,  188. 
Mitchell,  In  re,  3!>6. 
Mitchell,  et  al.,  In  re,  32. 
Mitchell,  et  al..  In  re,  70. 
Mitchell  V.  Mitchell,  578. 
.Alitchell  V.  United  States,  32. 
Mitchell    Store    Building    Co.    v.    Carroll, 

650. 
:Mize,  In  re,  200. 
Moark-Xemo    Const.    Mining    Co.,    In    re, 

40. 
Moch  V.  Market  St.  Nat.  Bank,  «70. 
Moehs  V.  Rechnitzer,  113. 
Moench  &  Sons,  In  re  54. 
Moench  &  Sons,  In  re  59. 
!Moench  &  Sons,  In  re  54,  71. 
Monarch  Acetylene  Co.,  In  re,  526. 
Monarch  Corporation,  In  re,  593. 
Moncrief  Mfg.  Co.,  In  re,  278. 
Monroe  &  Co.,  In  re  J.  M.,  190. 
Monsarrat,   (Xo.  1)   In  re,  374,  722. 
Monsarrat,   (Xo.  2)    In  re,  221,  324. 
Montello  Brick  Works,  In  re,  269. 
^lontgomery.  In  re,  259. 
Moody,  In  re,  108. 
]\Ioore,  In  re,  201. 
Moore,  In  re,  268. 

Moore  &  Bridgeman,  In  re,  324,  641. 
Moore  v.  Crandall,  259. 
:Moore  v.  Green,  408,  640. 
3Iorales,  In   re,   35. 
Morehouse    v.    Pacific   Hardware    &    Steel 

Co.,    644. 
Morgan,  In  re,  447. 
Morgan  v.  Benedum    618. 
^rorgan  v.  First  Xat.  Bank,  641. 
Morris,  In  re,  169,  17,5,  236. 
^lorris.  In  re,  229. 
Morris,  In  re  507. 
Morris,  In  re,  555. 
Morris  v.   Talcott,   439. 
^lorrison.   In   re,   71. 
Morse,  In  re,  38,  408. 
Morse   Iron   Works   &    Dry   Dock   Co.,   In 

re,    326. 
!Moschkovitz  v.  Wagner,  486. 
Mosher,  In  re,  .i80. 
Moss  V.  Franklin  Coal  Co.,  64. 
Moulton   V.    Colnirn,    36,   47. 
Mound  Mines  Co.  v.  Haw-thorne,   614. 


are  to  pages.] 

Mowery,  In  re,  240. 

Mudd,  In  re,  447. 

Mueller,   Trustee   &  Co.,   In  re,  615,   644. 

Mueller  v.  Bruss,  577,  578,  579. 

Mueller  v.  Goerlitz,  21. 

Mueller    v.    Xugent,    117,    537,    641,    G51, 

657. 
Muhlhauser  Co.,  In  re,  326. 
Muhlhauser  Co.,  In  re,  381. 
Muir,  In  re,  42. 
:\IuIford   V.    Fourth    St.    Xat    Bank,    640, 

641. 
Mullen,  In  re,  200,  580. 
Muncie  Pulp  Co.,  In  re,   130. 
Munger  Vehicle  Tire  Co.,  In  re,  44. 
Munger  Vehicle  Tire  Co.,   In  re,  593. 
Munro,  In  re,  410,  443. 
Munsuri  v.  Fricker,  645. 
Murphy-Barbee  Shoe  Co.,  In  re,  502. 
Murphy,  In  re,  35. 

Murphy   2nd   v.    John   Hofman    Co.,    133. 
Murphy  v.  Blumenreich,  466. 
Murray,  In  re,  28,  73,  719. 
Murray,  In  re,  454. 
Murray  &  Winters,  In  re,  719. 
Murray  v.  Joseph,  201,  577. 
Muschel   V.   Austern,   365. 
Musica  &   Son,   In   re,   161,   202. 
Musica,  et  al.  v.  Prentice,  202. 
Muskoka  Lumber  XTo.,   In  re,  238. 
Mussey,  In  re,  191. 
Mustin,  In  re,  408. 
Mutual  Mercantile  Agency,  In  re,  53. 
Myers,  In  re,  384. 
Myers  &  Charni,  In  re,  239. 
Myers  Co.  S.  F.  v.  Tuttle,  384. 
Myers-Wolf  Mfg.  Co.,  In  re,  365,  384. 

N. 

Nachman,  In  re,  337,  441. 

Nassau,  In  re,  569. 

Nathanson,  In  re,  433,  435,  437. 

Nathanson,  In  re,  447,  733. 

National  Bank  of  Commerce  v.  Carbon- 
dale  :\rachine  Co.,  50S. 

National   Boat   &   Engine  Co.,  In  re,  338. 

National  Bank  of  Newport  v.  Nat.  Her- 
kimer Bank  of  Little  Falls,  570. 

National  Bank  v.  Katz,  721. 

National  City  Bank  of  N.  Y.  v.  Hotch- 
kiss,  567. 


xlii 


TABLE  OF  CASES. 


[References  are  to  pages.] 


Xational  Hotel  &  Cafe  Co.,  In  re,  39. 
Xational  Lumber  Co.,  In  re,  569. 
National  Marble    &    Granite    Co.,    In    re, 

274. 
Xational  Mercantile  Agency,  In  re,    131, 

161. 
Xational   Mining   Exploration   Co.,   In   re, 

366,   396,   402. 
Xational    Pressed   Brick    Co.,   In   re,    630. 
Xational  Surety  Co.  v.  Medlock,  71,  442. 
Xauman  Co.  v.  Bradshaw,  503,  614. 
Xeal,  In  re,  189. 
Xeasmith,  In  re,  64,   614,  654. 
X'eely,  In  re,  408. 
Xeely,  In  re,  441. 
Xeff,  In  re,  267,  270. 
X'elson,  In  re,  437. 
Xelson,  In  re,  507. 

Xelson  &  Bro.  Co.,  In  re,  109,  161,  524. 
Xelson  V.  iSvea  Publishing   Co.,   526. 
Xeuburger,  Inc.  In  re,  Louis  546. 
Xeustadter    et    al.    v.    The    Chicago    Dry 

Goods  Co.,  70,  75,  89. 
Xevada-Utah  Corp.,  In  re,  366,  396,  725. 
Xevada-Utah   Mines  &   Smelter  Corp.,  In 

re  366,  375. 
Xewberry  Shoe  Co.  v.  Collier,  191. 
Xewbury  v.  Dunham,  In  re,  438. 
Xew   Chattanooga   Hardware   Co.,   In   re, 

20. 
Xewcomb  v.  Biwer  573. 
Xew  England  Piano  Co.,  In  re,  391,  392, 

393. 
Xew  England  Thread  Co.,  In  re,  274. 
X"ew  Foundland  Syndicate,  In  re,  593. 
Xew  Foundland  Syndicate,  In  re,  593. 
X*ew   Hampshire    Savings   Bank  and  ano. 

V.  Varner  &  ano.,  613. 
Newland  v.  Zodikow,  555. 
Xew    River    Coal    Land    Co.    v.    Ruffner 

Bros.,   407,  411. 
Xew    River    Coal    Land    Co.    v.    Ruffner 

Bros.,   409. 
X'ewton,  In  re,  315,  541,  542. 
Newton  &  Co.,  In  re  E.  W.,  507. 
X'ew  York  Building    Loan    Banking    Co., 

In  re,  34. 
Xew  York  Commercial  Co.,  In  re,  504. 
X'ew  York  Econ.  Printing  Co.,  In  re,  643. 
Xew    York    &    Philadelphia    Package    Co., 

In  re,  393. 
X'ew  York  Tunnel  Co.,  In  re,  237. 


Xew   York   Tunnel    Co.,   In   re,   268,   409. 
Xew    York    Institution,    etc.    v.    Crockett, 

466. 
Xeyland  &  McKeithen,  In  re,  440. 
Xiagara  Contracting  Co.,  In  re,  92. 
Xice  &  Shrieber,  In  re,  174. 
Xicholls,  In  re,  210. 
Xinth  Xat.   Bank  v.  iMoses,  308. 
Xippon  Trading  Co.,  In  re,  210,  730. 
Xixon,  In  re,  112. 

Xixon  V.  Fidelity  &  Deposit  Co.,   113. 
Noel,  In  re,  239. 
Noethen,  In  re,  508. 
Xoethen,  In  re,  508. 
Xorcross,  In  re,  35. 

Xorfolk  &  West  R.  Co.  v.  Graham,  238. 
North  Carolina  Car  Co.,  In  re,  276. 
Northampton    Portland    Cement    Co.,    In 

re,  54. 
Xorthampton    Portland    Cement    Co.,    In 

re,  396,  485. 
Xorthrup,  In  re,  411. 
Xorth  West  Fixture  Co.  v.   Kilboume   & 

Clark,   268. 
Xorton,  In  re,  48,  93,  717. 
Xovak,  In  re,  35. 
Xovak  In  re,  190. 
Xoyes  Bros.,  In  re,  243,  617. 
Xunemaker,  In  re,  191,  724. 
Xunn,  In  re,  189. 
Xusbaum,  In  re,  39,  97. 
Xuttall,  In  re,  409. 

O. 

Oakland  Lumber  Co.,  In  re,  108,  150. 

Oakley,  In  re,  206. 

O'Brien,   In   re,   508. 

O'Brien  v.   Ely,  614,  6'17. 

O'Callaghan,  In  re,  490. 

OTonnell,  In  re,  229. 

O'Connell,   In   re,   643,   645. 

O'Connor,  In  re,  502. 

O'Connor,  In    re,    502. 

O'Connor  v.   Sunseri,  323. 


Octave  Mining  Co.,  In  re,  209,  210, 
Odell    V.  Boydcn,   644. 
Off  V.  Hakes,  241,  ,564,  508. 
Ogden  V.  Reddish,  569. 
Ogles,   In  re,  59. 
O'Hara,  In   re,    180,    187. 
Ohio  Valley  Bank  Co.  v.  Mack,  229, 
617. 


730. 


259. 


TABLE  OF  CASES. 


xliii 


[References 
Ohio    Valley    Bank    Co.    v.    Switzer,    616, 

C40. 
Oil  Well  Supply  Co.  v.  Hall,  655. 
Oldmixon    v.    Severance,    298, 
Oldstein,  In  re,  32, 
Oliver,   In   re,  463. 
Olive  V.  Armour  &  Co.  et  al.,  33. 
Olman,   In  re,   489,   490, 
Olmsted,  In  re,  324. 
Olmsted-Stevenson  Co.  v.  Miller,  190. 
Oleson,  In  re,  462. 
Ommen   v.    Talcott,   567,   569. 
Ommen   v.    Talcott,    570. 
O'Neal,  Ex  parte,   602. 
Oppenheimer,  In  re,  143. 
Oppenheimer,  In  re,  240. 
Openhym,  Wm.  &  Sons  v.  Blake,  503. 
Orcutt  Co,  J,  B.  V.  Green,  237,  715,  727. 
Orr  Co.  V.  Cusliman,  133. 
Orr  V,  Park,   258. 
Orr  V.  Tribble,  524. 
Orr    Shoe    Co.   J.    K.    v.    Upshaw    &    ano. 

443. 
Osborne,  In  re,  435,  447,  733. 
Osborne  v.  Penn.   R.  Co.,   319. 
Osborn,  In  re,   186. 

Osborn  Sons  &  Co.,  In  re,  John,  237,  727. 
Oshwitz  &  Feldstein,  139,  150. 
Ostrom,  In  re,  267. 
Ottenwess,  In  re,  39. 
Owens  V.  Bruce,  402. 
Owings,  In  re,  186. 
Oxiey,   In   re,  276. 


Page  V.  Edmunds,  190,  381. 

Page  V.  Moore,   566. 

Page  V.  Rogers,  240. 

Paige,  In  re,  59. 

Paine,  In  re,  541,  542. 

Painter   v.   Napoleon   township,   565,   566. 

Painter  v.  Township  of  Napoleon,  566. 

Paneoast,  In  re,  237. 

Pangborn,  In  re,  35,  37,  39,  96. 

Paramore  v.   Ricks,  In  re,   191. 

Parish,  In  re,  434. 

Paris  Modes  Co.,  In  re,  650. 

Park,  In  re,  188. 

Park  Brewing  Co.,  In  re,  277. 

Park  V.   Cameron,   578. 

Parker  v.  Black,  564,  565,  577. 

Parker  v.  Black,  564,  565. 


are  to  pages.] 

Parker  v.  Murphy,  22. 

Parker  v.  Sherman,   577,   581. 

Parker  v.  Sherman,   577,   581. 

Parker  v.  Sherman,  577. 

Pattee,  In  re,  546. 

Patten  v.  Carley,  309. 

Patterson,  In  re,  435,  438. 

Patterson  &  Co.,  In  re,  502. 

Pauley,  In  re,  546,  547. 

Paxton  V.  Scott,  429. 

Payne,  In  re,  229. 

Peacock,  In  re,   188. 

Peacock,  In  re,  201. 

Peacock,  In  re,  434. 

Pearson,  In  re,  200. 

Peck,  In  re,  238. 

Peck,  In  re,  435,  447. 

Peck  Co.  W.  S.  V.  Lowenbein,  435. 

Peck  V.  Richter,  262. 

Pedlow,  In  re,  379,  725. 

Peerless  Finishing  Co.,  In  re,  365,  375. 

Reiser,  In  re,  161. 

Pennell,  In  re,  201. 

Pennsylvania  Cons.  Coal  Co.,  In  re,  44. 

Pennsylvania     Development     Co.,     In    re, 

411. 
Penny  &  Anderson,  In  re,  502. 
Penzansky,  In  re,  19,  35. 
Peoples'   Bank  v.  Brown,  336,  338. 
Peoples  Dept.  Store  Co.,  In  re,  209,  210. 
People     ex     rel     Otterstedt,     v.      Sheriff 

Kings  Co.,  268,  442,  601. 
People   ex   rel   Taranto  v.   Erlanger,    601, 

732. 
Pepperdine  v.   Bank  of  Seymour,  524. 
Perkins  v.  Dorman,  35. 
Perley  v.  Hays,  In  re,  46. 
Perlhefter  &   Shatz,  In  re,  39,  42. 
Perlhefter  &  Shatz,  In  re,  229. 
Perry  Aldrich  Co.,  In  re,  44. 
Perry    &    Whitney    Co.,    In   re    Lewis    F. 

35,  52. 
Perry    &   "\\liitney  Co.,   In   re,   Lewis    F. 

52. 
Peters,  In  re,  339. 

Peters  v.  United  States  ex  rel  Kelly,  442. 
Petersen,  In  re,  526. 
Petersen,  In  re,  429. 
Peterson,  In  re,  429.  466.  467. 
Peterson,  In  re,  420,  466,  467. 
Pettingill,   In  re,  266,  270. 
Pettingill,  In  re,  238,   727. 


ZilV 


TABLE  OF  CASES. 


[References 

I'ettingill,  In  re,  730. 

Pettingill   &   Co.,   In  re,   643,   645. 

rfattinger.  In  re,  241,  259,  568. 

Pfaffinger,  In  re,  439. 

Pfeiffer,  In  re,  186. 

Phelphs,  In  re,  190. 

Phelphs,  In  re,  195. 

Phelps,  In  re,  305,  566. 

Phenix  Nat.  Bank  v.  Watorbury,  38. 

Phenix  Nat.  Bank  v.  Waterbury,  207. 

Philadelphia  &  Lewes  Transportation  Co., 

In  re,  89,  113,  733. 
Philips  V.  McEacliin,  231. 
Phillips,  In  re,  190. 
Pickens  Mfg.  Co.,  In  re,  42,  59. 
Pickens  v.  Roy,  408. 
Pierce,  In  re,  429. 
Pierce,  In  re,  502,  503,  507. 
Pierce,  In  re,  734. 
Pierce  Jr.,  In  re,  734. 
Pierson,  In  re,  541,  542. 
Pierson  Jr.,  In  re,  502. 
Pilger,  In  re,  34. 
Pincus,   In  re,  422,  420,   439. 
Pittelkow,  In  re,  391. 
Pittsburgh  Dick  Creek  Mining  Co.,  In  re, 

366. 
Pittsburgh  Industrial  Iron  Works,  In  re, 

274. 
Pittsburgh    Laundry    Supply    Co.    v.    Im- 
perial Laundry  Co.,  39,  97. 
Pittsburgh    Lead    &    Zinc    Co.    (Cons)    In 

re,  261. 
Platteville  etc.  Co.,  In  re,  381,  393. 
Plaut,  Trustee,  In   re,  604. 
Plant  V.  Gorham  Mfg.   Co.,   71. 
Plimpton,  In  re,  30,  192,  720,  734. 
Plotke,  In  re,  20,  37,  44. 
Ployd,  In  re,  174. 
Plummer  v.  Myers,  570. 
Plymouth  Cordage  Co.,  In  re,  32,  47,  89, 

96,   642. 
IMymouth  Elevator  Co.,   In  re,  374. 
Podolin,  In  re,  22. 
Podolin    et    al    v.    Lesher    Warner    Dry 

Goods  Co.,  22. 
Poiakoff,  In  ro,  70,  71,  74. 
Pollet  V.  Cosel,  423. 
Pollock   V.   Simon,   39. 
Pond  V.  N.  Y.  Nat.  Exchange  Bank,  564. 
Pontiac   Buggy  Co.  v.   Skinner,  507. 
Poore,  In  re,  507. 
Porter  &   Bros.,  In  re,  308. 


are  to  pages.] 

Portner,  In  re,  98,  721. 

Postlethwaite,  Trustee  etc.  v.  Hicks,  615, 

618. 
Post  V.  Berry,  581. 
Powell   V.    Leavitt,   239. 
Powell  V.  Pangborn,  336,  345. 
Prager,  In  re,  221. 
Prager,  In  re,  438. 

Pratt  V.  Auto   Spring   Repairer   Co.,   270. 
Pratt  V.  Bothe,   206,  61-6. 
Pratt  V.  Christie,    570. 
Pratt  V  Columbia  Bank,  568. 
Prentiss   v.   Bowden,   319. 
Prescott  V.  Galluccio,  566,  578. 
Pressed  iSteel   Wagon  Gk)ods    Co.,   In   re, 

40,   98. 
Price,  In  re,  336,  339. 
Price  V.  Derbyshire  Coffee  Co.,  571. 
Pridmore  v.   Pufl'er  Mfg.   Co.,   507. 
Priegle  Paint  Co.,  In  re,  502. 
Prince   &    Walter,    In    re,    190,    276,    324, 

392. 
Prindle  Pump  Co.,  In  re,  239,  240. 
Probst,   In   re,   536. 

Progressive  B.  &  L.  Co.  Inc.  v.  Hall,  160. 
Progressive   Wall   Paper   Corporation,   In 

re,  393. 
Proudfoot,  In  re,  243. 
Pugh  v.  Loisel,  408. 
Pullian,  In  re,  423. 
Pure  Milk  Co.,  In  re,  37,  97,  721. 
Pursell,  In  re,  336. 
Putnam,  In  re,  .35,  40,  268,  269. 
Putnam  v.  Loveland,   392. 

Q. 

Quackenbush,    In   re,   434,    435,   436,   447, 

722. 
Quackenbush,  In   re,  466. 
Quality  Shoe  Shop,  In  re,  277. 
Quality  Shop,  In  re,  616,  620,  623. 
Quartz  (iold  Mining  Co.,  In  re,  54. 
Quinn,   In   re,  243. 

R. 

Rabinowitz  et  al.  v.  U.  S.,  608. 

Radin  et  al.  v.  U.  S.  609. 

Radke  Co.,  In  re  R.  L.,  37,  38. 

Ragan,  Malone  &  Co.  v.  Cotton  &  Pres- 
ton, 440. 

Ragan,  Malone  &  Co.  v.  Cotton  &  Pres- 
ton,  615. 

Rainey  v.   W.   R.  Grace  &  Co.,  619. 


TABLE  OF  CASES. 


xlv 


[References 

Eainwater,   In  re,   186. 

R.  and  W.  Skirt  Co.,  In  re,  201. 

Randall,  In  re,  429,  435. 

Randolph   v.    Scruggs,   Trustee,    207,   547, 

664. 
Raphael,   In  re,   614. 
Rathfon,  Bros.,  In  re,   199. 
Rauchenplat,  In  re,  449,  722,  735. 
Ravenna  Nat.  Bank  v.  Curtiss.  40. 
Kevkin,  In  re,  437. 

Rawlins  &  Rawlins  v.   Hall   Epps   Cloth- 
ing  Co.,    336,   348. 
Ray,  In  re,  20. 
Ray,  In  re,  20,  44. 
Reading  Hosiery  Co.,  In  re,  266. 
Realty  Co.  v.   Gioshio,   430. 
Reber  v.  Ellis  Bros.,   565. 
Reber   v.    Louis    Schulman    &    Bro.,    570. 
Reboulin  Fils  &  Co.,  In  re  E.,  245,  727. 
Receivers    of    Virginia    Coal    &    Coke    Co. 

V.  Staake,  524. 
Rector  v.  City  Deposit  Bank  Co.,  654. 
Reed,   In  re,  439,  440. 
Reese,  In  re,   189,  542. 
Reese,  In  re,  199. 
Reese-Hammond     Firebrick    Co.,     In     re, 

570. 
Regealed  Ice  Co.,  In  re,  511. 
Reid,   In   re,   348. 
Reinboth,  In  re,  324. 
Reinhart,  In  re,  186. 
Reiff,   In   re,  448. 
Rekersdres,  In  re,   174. 
Reliable  Bottle  Box  Co.,   In  re,   148. 
Reliance   Storage    &    Warehouse    Co.,    In 

re,    141,  727. 
Remaley,  In  re,  33. 
Remington    Auto    &    Motor    Co.,    In    re, 

593,   594. 
Remington    Auto    &    Motor    Co.,    In    re, 

593. 
Kemmerde,  In  re,   188. 
Rcmmers,  In  re,  436. 
Remsen  Mfg.  Co.,  In  re,  I.  S.,  508. 
Renda,  In  re,   186. 
Rennie,   In   re,    19. 
Resler,  In  re,  21. 
Restein,    126,    154. 

Reukauf  Son's  Co.,  Inc.,  In  re,  215,  730. 
Reynolds,  In   re,   200. 
Reynolds,   In   re,   538. 
Reynolds  v.  N.   Y.  Trust  Co.,  269. 
Rhame  v.  Southern  Cotton  Oil  Co.,  618. 


are  to  pages.] 

Illioinstrom  &  Sons'  Co.,  In  re,  278. 

Rhodes,  In  re,  191. 

Rhutassel,  In  re,  430. 

Ricciardelli,   In   re,    199. 

Rice,  In  re,  269. 

Rice,  In  re,  724. 

Richards.  In  re,  139. 

Richards.  In  re,  176. 

Richards,  In  re,  523,  643,  645. 

Richards,  In  re,  538. 

Richards,  Inc.,  In  re,  569. 

Richardson,  In  re,  41,  96. 

Richardson  &  Woodward,  In  re,  185. 

Richmond   Standard   Steel,   Spike   &   Iron 

Co.   V.   Allen,   20,   40. 
Rider,  In  re,  257,  280,  727. 
Rider,  In  re,  485,  489. 
Ridge  Ave.   Bank  v.   Sundheim,  568,  569. 
Rielly  v.   Rosenberg,   319. 
Riggs  Restaurant  Co.,  In  re,  97,  718. 
Riker  v.  Gwynne,  319,  578. 
Riley,  Talbot  &  Hunt,  In  re,  54. 
Riley  v.  Pope,  195. 
Rinker,  In  re,  507. 
Rise  V.   Bordner,  32,   34. 
Rising,  In  re,   187. 
Rison  V.   Parham,   614. 
Risteen,  In  re,  48,  717. 
Ritchie   Co.    Bank,   et   al.,   v.    McFarland, 

641. 
Riverdale   Mills   v.    Alabama    &    G.    :Mfg. 

Co.,    133. 
Roanoke  Furnace  Co.,   In   re.   262,   312. 
Roberts,  In  re,  400. 
Roberts,  In  re,  379. 
Roberts  Co.,  In  re,  H.  O.,  275. 
RobertshaAv    Mfg.    Co.,    In    re,    618,    629, 

630. 
Robertson  v.  Howard,   199. 
Robinson,  In  re,  239. 
Robinson,  In  re,  345,  360. 
Robinson,  In  re,  436. 
Robison,  In  re,  191. 
Roche,  In  re,  ffl5. 
Rochester  Sanitarium   &   Bath  Co.,  In  re, 

541. 
Rochester    Trust,    etc.,    Co.    v.    Oneonta, 

etc.,   R.   Co.,   154. 
Rochester   Trust,    etc.,    Co.   v.    Rochester. 

etc.,   R.  Co.,   154. 
Rochford,  In  re,  286. 
Rockaway   Soda   Water  Mfg.   Co.,   In   re, 

279. 


xlvi 


TABLE  OF  CASES. 


[References 
Rode  &  Horn  v.  Phipps,  6 IS. 
Rodgers,  In  re,  580. 
Rodolf  V.  First  ^'at.  Bank,  567. 
Roeber,   In   re,   239, 
Roebuck    Weather   Strip   &    Wire    Screen 

Co.,  In  re,  275. 
Rogers  Milling  Co.,  In  re,  50. 
Rogers  v.  De    Sota    Placer    Alining    Co., 

37,  717. 
Rogers  v.  Fidelity    Savings    &   Loan   Co., 

570. 
Rogers  v.  Page,  571. 
Rogers,    Trustee,    v.    American    Halibut 

Co.,  5G7. 
Rogowski,   In  re,   537. 
Rohrer,  In  re,   408. 
Rollins,  etc.,  Co.,  In  re,  35. 
Rollins    Gold    &    Silver    (Mining    Co.,    In 

re,  54. 
Rome  Planing  [Mills,  In  re,  40. 
Romine,   In   re.   722,   728,   730. 
Rood,  In  re,  278. 
Roosa,   In   re,  462. 
Rose,  In  re,  336. 
Rose,  In  re,  503. 
Rose,  In  re,  508. 
Rose  Shoe  Mfg.  Co.,  In  re,  616. 
Rosenbaum  v.  Dutton,  261. 
Rosenberg,  In  re,  238. 
Rosenberg  v.  Dworetsky,    37. 
Rosenblatt,   In  re,   348. 
Rosenblatt  &  Co.,  In  re,  Sig.  H.,  37,   38, 

96. 
Rosenbluth    v.    De    Forest    &    Hotchkiss 

Co.,  566. 
Rosenthal,  In  re,  109. 
Rosenthal,  In  re,  229. 
Rosenthal,  In  re,  410. 
Rosenthal  v.   Bronx  Xat.   Bank,   569. 
Rosoff    V.    Gilbert    Transportation    Co., 

593. 
Ross  V.   Saunders,   486,  487,  615,   732. 
Ross  V.  Stroh,   109,  617,  645,  735. 
Ross-Meeban    Foundry    Co.   v.    So.    Car   & 

Foundry  Co.,  161. 
Rosser,  In  re,  199,  640,  641. 
RoBser,  In  re,  337. 
Rossett,  In  re,   224. 
Roth  &  Appel,  In  re,  271. 
Rothenberg,  In  re,  35. 
Rothschild,  In  re,   188. 
Rothschild,  In  re,  199. 


are  to  pages.] 

Roukous,  In  re,  495,  496. 

Rourke  Co.,  In  re,  M.   F.,  231. 

Rouse,  Hazard  &  Co.,  In  re,  274. 

Rouse  V.    Ott^nwess   &   Huxoll,    39. 

Rowland   v.   Auto  Car  Co.,   108. 

Roy,  In  re,  173,  257,  727. 

Royal,  In  re,  423,  428. 

Royce  Dry  Goods  Co.,  In  re,  258. 

Rubel,  In  re,  303. 

Rubin  &  Lipman,  In  re,  337,  454. 

Rudnick,   In   re,   190. 

Rudnick  &  Co.,  In  re,  L.,  202. 

Rudnick,  In  re,  489,  495. 

Ruhl,   Koblegard   Co.   v.   Gillespie,   578. 

Rung  Bros.,  In  re,  723,  724. 

Rung  Furniture  Co.,  In  re,  39. 

Ruos,  In  re,  338. 

Rusch,  In  re,  179. 

Rusch,  In  re,  644. 

Rush   v.   Lake,   643. 

Rushmore,    In   re,    190. 

Russell,  In  re,  410. 

Russell,  In  re,  440. 

Russell,  In  re,  28,  423,  719. 

Russell,  In  re,  730. 

Russell  &   Birkitt,  In  re,  502. 

Russell  Card  Co.,  In  re,  W.  W.,  210. 

Russell  Wheel  &  Foundry  Co.,  In  re,  53, 

54. 
Russie,  In  re,  19. 
Rutland  Grocery  Co.,   In  re,   190. 
Rutland  Co.  Xat.  Bank  v.  Graves,  566. 
Ryan,  In  re,  34,  88. 
Ryan  v.  Hendricks,   96',  08,  641. 
Ryburn,   In   re,   541,   542. 

S. 
Sabin  v.  Blake,  McFall  Co.,  37,  38. 
Sabin  v.   Larkin,  Green  Logging  Co.,   71. 
Sabse\'itz,  In  re,  439,  490. 
Sacharoff  &  Kleiner,  In  re,  496. 
Sage,  In  re,  74. 
Sage,  In  re,  544. 
Sale,  In  re,  191. 
Salmon  &  Salmon,  In  re,  41. 
Salt  Lake  Valley  Canning  Co.  v.  Collins, 

100. 
Salvator   Brewing    Co.,    In    re,    236,    239, 

240. 
Samel  v.  Dodd,  199,  641,  643. 
Sample  v.   Beasley,  408. 
Sampter,  In  re,  240. 


TABLE  OF  CASES. 


xlvii 


[References 
Samuels  &  Lesser,  In  re,  46,  710. 
Samuelsohn,  In  re,  336,  340,  350. 
San   Antonio  Land  &  Irrigation    Co.,   In 

re,  92. 
Sanborn,   In   re,   3&2. 
Sanborn,  In  re,  720. 
Sanderlin,  In  re,  26,  394. 
Sanderson,  In  re,  238. 
Sanford   Furniture  Mfg.   Co.,   In   re,   326. 
Sapiro,   In  re,  348. 
Sapulpa  Produce  Co.,  In   re,  2G9. 
Saratoga  Gas,  etc.,  Co.,  In  re,   604. 
Sauer,  In  re,  516. 
Savage  v.  Savage,  393. 
Savarese,  In  re,  440. 
Sax,  In  re,  200. 

Saxton   Furnace  Co.,  In  re,  270. 
Saxton  Furnace  Co.,  In  re,  392,  393. 
Sayed,  In  re,  566. 
Saver,  In   re,  22. 
Scanlon,  In  re,  274. 
Scliachter,  In  re,  199. 
Schacht  Motor  Car  Co.,  In  re,  579. 
Schafer,  In  re,  188. 
Scheerman,   In   re,  298. 
Scheldt  Bros.,  In  re,  276. 
Scheier,  In  re,   190. 
Scheld,   In  re,   190. 
Schenck,   In   re,   580. 
Schenkein,  In  re,  36",  50. 
Schermerhorn,  In  re,   306,  407. 
Scherr,  In  re,  323,  324. 
Schickerling,   In   re,   437. 
Schiller,   In  re,  729. 
Schiller  v.  Weinstein,  467. 
Schimmel,  In  re,  209,  210. 
fikjhindler.  In  re,  503. 
Schlesinger,  In  re,  199. 
Schlessel,   In  re,   504,   508. 
Schmidt,  In  re,  408. 
Schmidt  &  Co.,  In  re,   W.  J.,  526. 
Schmidt  v.  Bank  of  Commerce,  567. 
Schmelovitz  v.  Bernstein,  523. 
Schnabel,  In  re,  423. 
Schenectady  Eng.  &  Cons.  Co.,  In  re,  70, 

217. 
Schocket,  In  re,  518. 
Schoenfeld,  In  re,   138,   1.39,   141. 
Schomacker   Piano   Mfg.   Co.,   In   re,   271. 
Schreiber,  In  re.  735. 
Schrcier   v.   Hogan,   319. 
Schrom,   In   re,   131. 


are  to  pages.] 

Schuler  v.  Hassinger,  221,  366,  402,  642. 

Schulman,  In  re  337,  536. 

Schulman  v.  Goldstein,  536. 

Schumert   &    Warfield,    Lt'd,    v.    Security 

Brew.  Co.,  42. 
Schwaninger,  In  re,   19,  429. 
Schwartz  &  Co.,  In  re,  440,  441. 
Schwartz,  In  re,  J.  &  :M.,  28,  719. 
Schweer   v.   BroAvn,   640. 
Scofield  v.  U.  S.  ex  rel.  Bond,  290,  312. 
Scott,  In  re,  32. 
Scott,  In  re,   103,    139,   729. 
Scott,  In  re,  223. 
Scott,  In  re,  236,  727. 
Scott,  In  re,  337. 
Scott,  In  re,  722. 

Scott  Transfer  Co.,  In  re,  Frank  E.,  270. 
Scott  Transfer  Co.,  In  re,  Frank  E.,  270. 
Scott  V.  Abbott,  267. 
Scott  &  Co.,   Walter,   v.   Wilson,   615. 
Screws,  In  re,   326,   735. 
Scruggs,  In  re,  303. 
SeuUy,   In   re,  257. 

Seaboard  Fire  Underwriters,  In  re,  34. 
Seaboard    Steel    Casting   Co.    v.    Wm.    R. 

Trigg  Co.,   40. 
Sears,   In   re,  97. 
Sears,  In  re,   97,   100,   718. 
Sears-Humbert    &    Co.,    In    re,    112,    139, 

150. 
Security   Warehousing  Co.   v.   Hand,   613. 
See,  In  re,  274. 
Seedig    v.    First    Xat.    Bank    of    Clifton, 

187. 
Seider,   In   re,  312. 
Seligman,  In  re,  337. 
Seligman,   In   re,   490. 
Seligman  v.  Gray,  242. 
Selkregg  v.  Hamilton,  112,  733. 
Sellers  v.  Bell,  21,  30,   192,  735. 
Semner  Glass  Co.,  In  re,  Philip,   736. 
Semons,  In   re,   615. 
Servis,   In  re,  433,  434,  447. 
Sessions  v.  Romadka,  299. 
Sessler  v.   Nemcof,  555. 
Sexton   v.   Dreyfus,  243. 
Sexton  v.  Kcssler  &  Co.    (Ltd.),  570. 
Sbachter,  In  re,  435,  438,  439. 
Shaeffer,  In  re,   392,   394. 
Shaffer,  In  re,  338,  439,  618. 
Shaffer,  In   re,  463,  541,   717. 


xlviii 


TABLE  OF  CASES. 


[References 
Shaffer   v.   The  Koblegard  Co.,   338,   439, 

618,  733. 
Shale  V.   Farmers'   Bank   of  Morrill,   5G8. 
Shapiro,  In  re,  402. 
Shapiro  v.  Thompson,  271,  277,  303. 
Sharr,  In  re,  189. 
Shaw  In  re,  258,  338. 
Shea,  In  re,  396,  402. 
Sliea,  In  re,  396,  402. 
Shea  V.  Lewis,  642. 
Shear,   In  re,  437. 
Sheinberg,  In  re,  437. 
Sheldon   v.   Parker,  578. 
Shelton  v.  Price,   581. 
Shepardson,  In  re,  442. 
Sliepherd,  In  re,  434. 
Sheppard  v.   Lincoln,  554. 
Shera,  In   re,   337. 

Sheridan  State  Bank  v.  Rowell,   189. 
Sherrill  v.   Hiitson,   555. 
Sherwood's,  Inc.,  In  re,  271,  276. 
Sliidlovsky,   In  re,   642. 
Shiebler,  &  Co.,  In  re,  206. 
Slioe  and  Leather  Reporter,  In  re,  392. 
Shoemaker,  In   re,  524. 
Shoesmith,   In  re,   38,   96. 
Shoichi  Hoshida,   In  re,  93. 
Shon,  In  re,   113. 
Shriver,  In  re,  208. 
Shropshire,  ^Yoodliff  &  Co.  v.   Bush,  274 

276. 
Shute,  et  al.  v.  Patterson,  et  al.,  48,  70 
Sliutts  V.   Bank,  49. 
Siebert,  In  re,  411,  722. 

Siegel  Co.,  In  re,  Henry,  223. 

Siegel  Co.,  In  re,  Henry,  502. 

Silverman,   In  re,    199. 

Silverman,  In  re,  423. 

Silverman  Bros.,  In  re,  209,  272. 

Silverman  &  Schoor,  In  re,  544. 

Silvernail  Co.,  In  re,  W.  A.,  569. 
Silvey  Co.,  John,  v.  Tift,  502. 

Simon,   In   re,   266,  267. 

Simon,   In  re,  440. 

Simon  v.  Sternberg,  In  re,  209. 

Simonson,  In   re,   50. 

Simonson  v.    Sinsheimer,   36'. 

Simonson    v.    Sinsheimer,    38. 

Simpson  Mfg.  Co.,  In  re,  502. 

Sims,  In   re,  410,  531. 

Sims,  In  re,  438. 

Singer,  In  re,  339,  536. 


are  to  pages.] 

Sinsheimer   v.    Simonson,   546. 

Siskind,  In  re,   189. 

Sitting,  In  re,   174,   722. 

Skillin  V.   Endelraan,   578,  580. 

Skillin  V.   Magnus,   594. 

Skilton  V.  Codington,   578. 

Skubinsky  v.   Brodek,  et  al.,  336. 

Slaughter   v.   Louisville   &   X.   R.   R.   Co., 

131. 
Sloan,  In  re,   186. 
Slocum  V.   Solliday.   208,   271. 
Slomka,   In   re,   274. 
Smalley  v.  Laugenour,  180,  650,  723. 
Smith,  In  re  34. 
Smith  In  re,  39. 
Smith,  In  re,  112. 
Smith,  In  re,  209,  724. 
Smith,  In  re,  229,  720. 
Smith,  In  re,  267,  268. 
Smith,  In  re,  269. 
Smith,  In  re,  306. 
Smith,  In  re,  326. 
Smith,  In  re,  379. 
Smith,  In  re,  441. 
Smith,  lu  re,  R.    E.,    544. 
Smith  Construction  Co.,  In  re,  345. 
Smith  &  Xixon  Piano  Co.,  In  re,  507. 
Smith  v.  Cooper,  544. 
Smith  V.  Means,  612. 
Smith   V.   Mottley,  274,  516. 
Smith  V.  ToAvnship  of  An  Ores,  326,  381. 
Smith,   L.   C.   &  Bro.,  Typewriter  Co.   v. 

Alleman,  507. 
Smithson   v.   Emerson,   379. 
Snell,   In  re,   524. 
Snelling,   In   re,   199. 
Snow  Wire  Works,  In  re,  275. 
Snow  V.  Dalton,  642. 
Snyder,  In  re,  187. 
Snyder  v.   Bougher,   399. 
Sobol,  In  re,  546. 
Soloman  v.  Carvel,  In  re,  719. 
Soloway  V.  Katz,  In  re,  348. 
Soloway   &   Katz,   In   re,   348. 
Soloway    &    Katz,    In    ro,   537. 
Sonnabend,  In  re,  485,  496,  722. 
Soper,  In   re,   ISO,  293. 
Soper    &    Slada,    In    re,    21,    541,    723, 

736. 
Sorkin,  In  re,  536. 
Southern  Hardware  &  Supply  Co.,  In  re, 

277. 


TABLE  OF  CASES. 


xlix 


I  Rcfei'onces 
Soxithern    Loan   &    Trust   Co.    v.    Benbow, 

3&2,  410. 
Southern  Pine  Co.  v.  Savannah  Trust  Co., 

209,   503. 
Southern  Steel  Co.,  In  re,  54. 
Southern  Steel  Co.,  In  re,  268,  272. 
Southern  Steel  Co.,  In  re,  544. 
Southern    Steel    &    Iron   Co.    v.    Hickman 

&  Co.,  110. 
Southworth   v.   Morgan,   594. 
Spalding,  In  re,  41. 
Spalding,  In  re,  112. 
Spann,  In  re,   503. 
Spechler  Bros.,   In  re,   133. 
Spencer  v.  Lowe,  258,   619. 
Spicer,   In   re,   22,   541. 
Spiess-Alper    Co.,    In    re,   279. 
Spiller,  In   re,   469,   489. 
Spitzer,  In  re,   133. 
Springer,   In   re,   423. 
Spruks  V.  Lackawanna  Dairy  Co.,  274. 
Standard  Cordage  Co.,  In   re,   109. 
Standard   Fullers  Earth   Co.,    In   re,   546. 
Standard   iSewing    Machine    Co.    v.    Alex- 
ander, 238. 
Standard    Telephone    &    Electric    Co.,    In 

re,  240. 
Standard    Varnish     Works    v.     Haydock, 

502. 
Stannard  v.  Dayton,  276. 
State  of  New  Jersey  v.  Anderson,  276. 
State  of  Xew  Jersey  v.  Lovell,   276. 
State  Bank  of  Chicago  v.  Cox,  38. 
Staunton  v.  Wooden,  161. 
Stavrahn,   In   re,   200,   537. 
Stearns  v.   Flick,   547. 
Steed  &  Curtis,  In  re,  435,  539,  454. 
Steele,  Ex  parte,  217,  736. 
Steele,  In  re,  217. 
Steele   v.   Buel,    190,   618. 
Stegar,  In  re,  20,  230. 
Stein,   In  re.   48,   52. 
Stein,   In   re,   97. 
Stein,   In  re,   224,   323. 
Stein  &  Co.,   In   re,   19,   46. 
Steiner   v.   ]Ma,rshall,   641,   645. 
Stelling  V.  Jones  Lumber  Co.,  618. 
Stephens,  In   re,   186'. 
Stephenson   v.  Bird,   et  al.,  429. 
Sterlingworth   R.    R.   Supply    Co.,    In    re, 

408. 
Sternbergh  v.  Duryea  Power  Co.,  594. 


are  to  pages.] 

Stern,  In  re,  35,  270. 

Stern,  In  re,  261,  262. 

Stern  v.  Paper,  565. 

Stern,  Trustee,  v.  Mayer,   564,   567. 

Sterne  &  Levi,  In  re,  100,  718. 

Sterne  &  Levi,  In  re.  303. 

Steuer,  In  re,  411,  722. 

Stevens,  In  re,  236,  239. 

Stevens,  In   re,  393. 

Stevens   v.    Nave-McCord    Mercantile   Co., 

35,  267,   615,   617,   644. 
Stevens   v.   Oscar   Holway   Co..   56S. 
Stevenson     v.     Milliken,     Tomlinson     Co., 

568. 
Stewart,   In  re,  238. 
Stewart,  In  re,  393. 
Stewart,  In  re,  503. 
Still's    Sons,    II.    D.,    v.    American    Xat. 

Bank,   33. 
Stipp  Construction  Co.,  In  re,  ^1.,  593. 
St.   Louis   Ice   Mfg.    &   Stor.    Co.,   In    re, 

276. 
Stoever,  In  re,  238. 
Stoever,  In  re,  261,  727. 
Stokes,  In  re,  44. 
Stokes,  In  re,  190. 
Stokes,  In  re,  210. 
Stokes  Co.,  In  re,  26. 
Stokes,  Frederick  A.,  v.  Carell,  133. 
Stolp,  In  re,  206. 
Stone,   In   re,   34,   39. 
Stone,  In  re,  423. 
Stone  V.  Jenkins,  4Sff. 
Stout,   In   re,    190. 
Stradley  &  Co.,  In  re,  174. 
Strait,  In  re,  718. 
Strasburger  v.  Bach,  585. 
Straschnow,  In  re,   337. 
Stratemeyer,  In  re.  229,  544. 
Straus,  In  re,  619. 
Strawl)ridge,  In  re,  269. 
Streator  ^Metal  Stamping  Co.,  In  re,  616. 
Strellow  V.   Schloss,   59. 
Strickland,    In    re,    275. 
Strobel,  In  re,   123. 
Strobel,  In  re,  217. 
Strobel,  In  re,  239. 
Stroheim    v.    Perry    &    Whitney    Co.,    35, 

36,  62. 

Stuart  V.  'Reynolds,  200,  538. 
Studley  v.   Boyleston   Xat.    Bank   of   Bos- 
ton, 569. 


TABLE  OF  CASES. 


[References 

Stultz  Bros.,  In  re,  274. 

Sturgeon,   In   re,   340,   356,    72S. 

Sturgis  V.   Corbin,  366,   392,   402. 

Styer,  In  re,  365,  392,  396,  725. 

Suffel  V.  McCartney  ISTat.  Bank,  568. 

Sugenheimer,  In  re,  173,  237,  257,  727. 

Sullivan,  et  al.,  v.  [Mussey,   191. 

Sullivan,  In  re,   186,   190. 

Sullivan,  In  re,  409,  443. 

Sully,  In  re,  59. 

Sully,  In  re,  139. 

Sully  &  Co.,  In  re,  261. 

Summers  v.   Abbott,   547. 

Sumner,  In  re,  236  259,  336. 

Sunseri,  In  re,   112. 

Susquehanna  Koofing  Co.,  In  re,  503. 

Sussman,   In   re,   436. 

Sutherland  v.  Lasher,  21,  467,   717. 

Sutter  Bros.,  In  re,  356. 

Swain  Co.,  In  re,  275. 

Swarts  v.  Fourth  Xat.  Bank,  267. 

Sweetser,  Pembroke  &  Co.,  In  re,  270. 

Swift,  In  re,  209. 

Swoflford    Bros.    Dry    Goods    Co.,    In    re, 

407. 
Sykes,  In  re,  19. 
Syracuse  Paper  &  P.  Co.,  In  re,  174. 


T. 
Taft,  In  re,  642,  645. 
Taft    Co.,   C.    C,   V.    Century    Sav.    Bank, 

37,  614,  642,  649. 
Taleott  V.   Friend,  443,  486. 
Talcott  V.   Henderson,  503. 
Tanenhaus,  In  re,  643. 
Taplin,    In    re,    433,    434. 
Tarbox,   In   re,  201. 
Taunton,  In  re,  459. 
Taylor,  In  re,  422,  423,  437,  459,  727. 
Taylor,  In  re,  188. 
Taylor,  In  re,  34,  59. 
Taylor,  In  re,  52. 

Taylor  House  Association,  In  re,  36. 
Taylor,    Trustee,    etc.,   v.    Nichols.    567. 
Tcague   v.   Anderson   Hardware    Co.,   306, 

578. 
Tefft,  Weller  &  Co.  v.  Munsuri,  650. 
Telford  v.  Henrickson,  571. 
Tennant's  Sons  &  Co.  v.  X.  J.  Oil  &  M. 

Co.,  524. 
Tennessee  Construction  Co.,  In  re,  44. 


are  to  pages.] 

Tennessee  Producer  Marble  Co.  v.  Grant, 

408,  524. 
Terens,  In  re,  439. 
Terrill,   In   re,   229. 
Terry,  et  al..  In  re,  33. 
Thaw,  In  re,  344,  602. 
Thaw,  In  re,  410. 
Thedford,  In  re,   186. 
Thedford,  In  re,  189,  294. 
Thomas,  In  re,  434,  435. 
Thomas  v.  Adelman,  569. 
Thomas    v.     Birmingham     Ry.     Light     & 

Power  Co.,  555. 
Thomas  v.  Field,  Brundage  &  Co.,  507. 
Thomas  v.  (Roddy,  319,  578,  580. 
Thomas  v.  >Sugerman,  577,  651. 
Tliomas  v.  Taggert,  241,   286. 
Thomas  v.   Woods,  614. 
Thompson,  In  re,  239. 
Thompson,  In  re,  32. 
Thompson,  In  re,  402. 
Thompson,  In  re,  546,  547. 
Thompson,  In  re,  546,  547. 
Thompson,  In  re,  338,  504. 
ThompsonnBreese  Co.,  In  re,  224. 
Thompson  Mercantile  Co.,  In  re,  278. 
Thompson  Milling  Co.,  In  re,  270. 
Thompson's  Sons,  In  re,  E.  O.,  239. 
Thompson  v.   Judy,   442. 
Thompson  v.  Mauzy,  616. 
Ihrall  v.  Union  Maid  Tobacco  Co.,  593. 
llirockmorton.  In  re,  392,  641,  642. 
Throckmorton,  In  re,  396,  402. 
Tice,  In  re,  507. 
Tichenor-Grand   Co.,   In   re,   269. 
Tiffany  v.  La  Plume  Condensed  Milk  Co., 

44.  ' 
Tildcn,  In  re,  186. 
Tilt  V.   Citizens'  Trust  Co.,   569. 
Tindle  v.   Birkett,  410,  443. 
Tinker  v.  Colwell,  443,  466. 
Tisch,  In  re,   110,  139. 
Tobias,   In  re,  185. 
Tobias,    Greenthal    &    Mendelson,    In    re, 

338. 
Todd,  In  re,  511,  729. 
Toklas  Bros,  In  re,  442. 
Tollett,  In  re,  191. 
Tomlinson,  In  re,  410. 
Tomlinson   Co.,   et  al..   In   re,   40. 
Toothaker  Bros.,   In   re,  462. 
Torchia,  In  re,  393. 


TABLE  OF  CASES. 


li 


[References 

Torehia,  In  re,  393. 

Townsend  v.  Aahepoo  Fertilizer  Co.,  50S. 

Tracy  &  Co.,  In  re,  348. 

Traders'  Ins.  Co.  v.  Mann,  305,  555. 

Traub  v.  JIarshall  Field  &  Co.,  541. 

Trayna  &  Cohen,  In  re,   133,  409. 

Trenholm  v.   Klinker,   580. 

Tribelhorn,  In  re,  35,  52,  61. 

Tripp  V.   :\Iitsclirich,  206. 

Troeder,   In   re,   434,  435. 

Troy  Wagon  Works  v.  Hancock,  506. 

Truitt,  In  re,  37,  40. 

Tucker,   In  re,   259. 

Tucker,  Pet,  In  re,  M.  E.,  392. 

Tudor,  In  re,  200. 

Tudor,  In  re,  340. 

Tully,   In   re,  20,  92. 

Tumlin  v.   Bryan,   567. 

Tune,  In  re,   189,  523. 

Tupper,  In  re,  37,  40,  41. 

Turetz,  In  re,  209. 

Thirgeon  v.  Emery,  560,  570. 

TurnbuU,  In  re,   187. 

Turner  Co.,  In  re,  James  H.,  173,  174. 

Turner  v.  Fisher,  569,  570. 

Turner  v.  Turner,   444. 

Two  [Rivera  Woodenware  Co.,  In  re,  237. 

Tybo  Mining  &  Reduction  Co.,  In  re,  100, 

718. 
Tygart's  River  Coal  Co.,  In  re,  44. 

U. 

Ullman,  In  re,  L.,  489. 

Ulner  v.  Doran,  442,  531. 

I'nderleak   v.    Scott,   579. 

Union  Cent.   Ins.  Co.   v.  Drake,  240. 

I'nion  Furniture     Co.     v.     Walker-Cooley 

Furniture  Co.,  496. 
Union  Xat.  Bank  v  Xeill,  644 
Union  Trust  Co.  v.  Amery,  578. 
Union  Trust  Co.  v.  Chicago,  etc.,  R.  Co., 

154. 
I'nited  Button  Co.,  In  re,   100,  718. 
United  Button  Co.,  In  re,  271,  272. 
United  Motor  Chicago  Co.,  In  re,  277. 
U.  S.  V.  Appel,   536. 
U.  S.  V.  Brod,  337,  610. 
U.  iS.  V.  Chambers,  22,  609. 
U.  S.  V.  Comstock,  et  al.,  60S,  609. 
U.  S.  V.  Comstock,  608. 
U.  iS.  ex    re    Mansfield    v.    Flynn,    Sup't, 

etc.,  601. 


are  to  pages.] 

U.  S.  v.  Freed,    60S. 

U.  S.  V.  George,  610. 

U.  S.  V.  Goldstein,   537. 

U.  S.  V.  Green,  22. 

U.  S.  V.  Grodson,  608. 

U.  S.  V.  Halstead.    610. 

U.  S.  ex    rel.    Adler    v.    Hammond,    485, 

487,   604.   615. 
U.  S.  ex    rel.    Birnbaum   v.    Henkel,    537, 

602. 
U.  S.  V.  Lake,   610. 
U.  S.  V.  Liberman,   610,   728. 
U.  S.  ex  rel.  Scott   v.    McAleese,   601. 
U.  S.  ex  rel.  Kelley  v.   Peters,   602. 
U.  iS.  V.  Phillips,   609. 
U.  S.  V.  Rhodes,    609. 
U.  S.  V.  Rhodes.    610. 
U.  S.  V.  Rosenstein,    608. 
U.  S.  ex  rel.    Throckmorton    v.    Ruggles, 

644. 
U.  S.  V.  Simon,   337. 
U.  iS.  V.  Sondheim,   290. 
U.  S.  V.  Stern,   609. 
U.  S.  ex   rel.   Schauffler  v.   Union    Surety 

&  Guar.  Co.,  290. 
U.  S.  V.  Waldman,   608,   610. 
U.  IS.  V.  Young  &  Holland  Co.,  608. 
U.  S.  Fidelity  &  Guar.  Co.  v.  Bray,  619, 

651. 
U.  S.  Graphite  Co.,  In  re,  348. 
U.  S.  Graphite  Co.,  In  re,  391,  392,  524. 
U.  S.  Restaurant    &    Realty    Co.,    In    re, 

33. 
United  Surety  Co.  v.  Iowa  Mfg.  Co..  276. 
United    Wireless    Telegraph    Co.,    In    re, 

236. 
I'nited    Wireless    Telegraph    Co.,    In    re, 

408. 
United    Wireless    Telegraph    Co.,    In    re, 

408,  411. 
United    Wireless    Telegraph    Co.,    In    re, 

G43. 
Unitype  Co.  v.  Long,  507. 
T'pson,   In  re,   462. 
Upson  v.   ]\It.  Morris  Bank,  60,  569. 
Urban  &  Suburban  Co.,  In  re,  92. 
Urnach  v.  Douglass,  130. 
Utah  Ass'n  of  Credit  Men  v.  Boyle  Fur- 
niture Co.,  22.  566. 
Utah  Ass'n  of  Credit  Men  v.  Boyle  Fur- 
niture  Co.,   566,   571. 
Utz  &  Dunn  Co.  v.  Regulator  Co.,  36. 


lii 


TABLE  OF  CASES. 


J22. 


Vaccaro  v.  Security  Bank,   567. 

Valentine  Bohl  Co.,  In  re,  42. 

\'alentine  Co.,  In  re  Francis,  526'. 

Van  Buren,  In  re,  410,  531. 

Van  De  Mark,  In   re,   173,   176, 

Van  Denberg,   In  re,  326. 

Van  Emon,  et  al.,  v.  Veal,  54. 

Van  Iderstine  v.  iXat.   Discount  Co.,  441, 

579,   581. 
Vanoscope  Co.,  In  re,  718. 
Van  Wagenen  v.   Sewall,   664. 
Van  Wert  Machine  Co.,  In  re,  275. 
Varney  v.   Harlow,   231. 
Vary  v.  Jackson,  541,  542. 
Vastbinder,  In  re,   35,  37,  40. 
\'astbinder,  In  re,  394,  408,  526. 
V.  D.  L.  Co.,  In  re,  277. 
Vehon  v.  UlLman,  436,  615. 
Venstrom,  In  re,  240. 
Verdon  Cigar  Co.,  In  re,  210,  730. 

^'etterman,  In  re,  40. 

Vickerman  &  Co.,  In  re  T.  S.,  190. 

Mquiesney  v.  Allen,  565. 

Virginia  Hardware  Mfg.  Co.,  In  re,  568. 

Vitzthum  V.  Large,   187,  571. 

Vogt,  In  re,  393. 

Volence,  In  re,   508. 

Vollmer   v.   Plage,   580. 

Von  Kern,  In  re,  189. 

Voorhees  lAwning   Hood   Co.,   In    re    Dr., 
270. 

\'oorhees  v.  Ungar,  et  al.,  60. 

Vulcan   Foixndry    &   Machine   Co.,   In    re, 
393. 

W. 

Wagner,  In  re,  408. 

Wagner,  In  re,  422,  423. 

Wagner  v.  U.  S.  and  Houston,  602. 

Waite  &  Robbing  Motor  Co.,  In  re,  508. 

Waite  V.  G!f)ldstein,  555. 

Wakefield,   In   re,  434,   437,  442. 

Wakefield,  In   re.   34. 

Waliler,  In   re,   200. 

Waldcr,  In  re,  455. 

Walker,    In    re,   223,    336. 

Walker  &  Co.,  In  re  E.  A.,  173. 

Walker  v.  Meier,  466. 

Walker  v.  IMeier,  466. 

Walker  v.  Woodside,  97. 

Wall  V.  Cox,  564,  580. 

Wall  V.  Cox,  564,  580. 


[References  are  to  pages.] 

Walrath,  In  re,  19,  71,  422. 

Walsh,  In  re,  337. 

Walsh,  In  re,  463. 

Walsh  Bros.,  In  re,  523,  524. 

Walsh  V.  First  Xat.   Bank   of   Maysville, 

569. 
Walton,  In  re,  337. 
Ward,  In  re,   33. 
Ward,  In  re,  59,  64. 
Ward,  In  re,   110. 
^^■ard,  In  re,  113,  733. 
Warmath  v.  O'Daniel,  564. 
Warner,  In  re,  524. 
Warren  v.  U.  S.,  609. 
Warth,  In  re,  443. 
Warzawiak,  In  re,  350. 
Wasey  v.  Holbrook,  580. 
Washington  Steel  &  Bolt  Co.,  In  re,  360. 
Washington  v.  Tearney,  651,  736. 
Waterloo  Organ  Co.,  In  re,  242. 
Waterloo  Organ  Co.,  In  re,  392. 
Waters-Colver  Co.,  In  re,  728. 
Watertown  Carriage  Co.  v.  Hall,  443. 
Watkinson  &  Co.,  In  re  Geo.,  261. 
Watson  V.  Merrill,  70,  271,  303. 
^^■atts,  In  re,  537,  657. 
Watts-Woodward  Press,  Inc.,  In  re,  508. 
Waugh,  In  re,  736. 
Waxelbaum,  In  re,  100,  718. 
Waxelbaum,  In  re,  186. 
Waynesboro  Drug  Co.,  In  re,  489. 
Weaver  v.  Hugill  Stone  Supply  Co.,  274. 
Weber,  In  re,  442. 
Weber  Co.,  In  re,  537. 
Wechsler  v.  U.  S.,  337,  338. 
Wecker  v.  Xat.  Enameling  Co.,  5S0. 
W^eedman  Stave  Co.,  In  re,  36,  546. 
Weidenfeld  v.  Tillinghast,  21,  467. 
Weil,  In  re,  502. 
Weinreb,  In  re,  200. 
Weinrib,   In    re,   441. 
Weintraub,  In  re,  423. 
Weiss,  In  re,  276. 
Weissman.  In  re,  276. 
Weitzel,  In  re.  526. 
Wells,  In  re,  507. 
Wells  Co.,  T.  E.,  V.  Sharp.  374. 
Wenatchee  Heights  Orchard  Co..  In  re,  42, 

60. 
Wenatchee  Heights  Orchard  Co..  In  re.  44. 
Wenatchee    Heights    Orchard    Co.,    In    ro, 

26S. 


TABLE  OF  CASES. 


liii 


[References 

Wenman,  In  re,  443,  601. 

Wentworth  Lunch  Co.,  In  re,  13!). 

Wentworth  Lunch  Co.,  In  re,  139. 

Wermuth,   In    re,    436. 

Wcstall,  et  al.,  v.  Avery,  566. 

Westbrook,   In  re,  423. 

West  V.  W.  A.  McLaughlin  &  Co.'s  Trus- 
tee, 6  IS. 

West  Co.,  Geo.  M.,  v.  Lea  Bros.  &  Co.,  41, 
664,   715. 

Western  Implement  Co.,  In  re,  70. 

Western  Investment  Co.,  In  re,  278. 

Western  Tie  &  Timber  Co.  v.  Brown,  650. 

Westfall  Bros.  &  Co.,  In  re,  339. 

Westlieimer  v.  Howard,  21. 

West  hind,  In  re,  276. 

Weston,  In  re,  438. 

West  Side  Paper  Co.,  In  re,  277. 

Wetmore,  In  re,  433,  434. 

Wetmore,  In  re,  435. 

Wetstein  v.  Franciscus,  569. 

Wheeler  &  Co.,  In  re  E.  S.,  348. 

Wheeler  v.  !Xewt:on,  429. 

White,  In  re,  36,   38,  96. 

White,  In  re,   189. 

White,  In  re,   189,  293. 

^^^lite,  in   re,    191. 

\Miite,  In   re,   337. 

White,  In   re,   435. 

White  V.  Davis,  109. 

White  V.  Thompson,  409. 

White's  Express  Co.,  In  re,  508. 

Wliitener,  In  re,  615,  617,  641. 

Whitla  &  Nelson  v.  Boyd.  229. 

Whitney  v.  Dresser,  236,  237,  259. 

\Miitney  v.  Wenman,   148. 

Whitney,    Trustee,   v.    Freeman,    554. 

WhitAvell  V.  Wright,  268. 

Wickwire  v.  Webster  City  Savings  Bank, 
570. 

Wicdmann,  In  re,  438. 

Wiener,  In  re,  486. 

Wigmore,  In  re,  268. 

Wilka,  In   re,  391,  392. 

Wilson,  In  re,   189. 

Wilson,  In  re,  489. 

Wilson,   In   re,   537. 

Wilson  V.  Mitchell-Woodberry  Co.,  567, 
571. 

Wilson   V.   Perm.  Trust   Co.,   268. 

Wilbur  V.   Watson,   547. 

Wilcox,  In  re,  338,  451. 


are  to  pages.] 

Wilcox,  In  re,  722,  734. 

Wilder  v.  Watts,  96,  97,  718. 

Wilde's  Sons,  In  re  Samuel,  209,  728. 

Wilde's  Sons,  In  re  Samuel,  209,  728. 

Wilk,   In  re,   411. 

Wilka,   In   re,   391,   392. 

Wilkins,  In  re,  486. 

Williams,   In   re,  20,   32. 

Williams,  In  re,  32,  89,  113. 

Williams,   In  re,   356. 

Williams,  In   re,  643. 

Williams,  In  re,   728. 

William's  Estate,  In  re,  393. 

Williams,  et  al..  In  re,  444. 

Williams  v.   Hogue,  384. 

Williams    v.    Virginia-Carolina    Chemical 

Co.,  443. 
Williamsburg  Knitting  Mill,  In  re,  508. 
Williams    &    Co.    v.    U.    S.     Fidelity    & 

Guaranty  Co.,  270,  430. 
Williams    &     Co.     v.    U.     S.     Fidelity     & 

Guaranty   Co.,  270,  430. 
Wilmington  Hosiery  Co.,  In  re,  54. 
Windt,  In  re,  40. 
Wing  Yick  Co.,  In  re,  26,  37. 
Wing  Yick  Co.,  In  re,  48. 
Wink,  In  re,   174,  210. 
Winkels,    In    re,    259. 
Winship  Co.,  In  re,  485. 
Winslow  V.  Staab,  577. 
Winston,  In  re,  36. 

Winton  Lumber  &  Mfg.  Co.,  In  re,  275. 
Wise,  In   re,   89,   733. 
Wise  Coal  Co.  v.   Columbia  Zinc  &   Lead 

Co.,   523. 
Wiseman  v.  Wallace,  In  re,  298. 
Wishnefsky,   In   re,   188. 
Witberbee,   In   re,    393. 
Witherbee,   In   re,   643. 
Witman,  In   re,  440. 
Wittenberg,  In  re,  445,  447. 
Wolf,  In  re,   19. 
Wolf,   In   re,  438. 
Wolf  &   Levy,   In  re,  731. 
Wolfensohn,   In   re,  434,  447. 
Wolff,   In  re,   423. 
Wdllock,  In  re,  408. 
\Voll()witz.   In    re,    434. 
Wong,  In  re  K.  L.,  229. 
Wood,  In  re,  1S6. 
Wood.  In   re.  523. 
Wood  &  Henderson,  In  re,  206. 


liv 


TABLE  OF  CASES. 


[References 

Wood  V.  Carr,  523. 

Wood  V.   Fisk,   270,  442. 

Wood  V.  U.  S.  Fidelity  &  Guaranty  Co., 
270. 

Wood,  Walter  A.,  Mowing  &  E.  Machine 
Co.   V.   Vanstory,   506. 

Woodend,  In  re,  489. 

Woodward,  In  re,  42. 

Woolford  V.  Diamond  State  Steel  Co.,  97. 

Wooten,  In  re,  258,  259,  262. 

Worcester  Co.,  In  re,  238,  278,  618,  643. 

Worland,  In  re,  391. 

Worrell,   In  re,   336. 

Wright,  In  re,  462. 

Wright,   In   re,   618. 

Wright  V.  Sampter,  567,  568. 

Wright  V.  Skinner,  566. 

Wright  V.  Wm.  Skinner  :Mfg.  Co.,  565, 
568. 

Wright,  Trustee,  v.  Simon,  578. 

Wrisley  Co.,  In  re,  312,  496. 

Wulburn  v.   Drake,   32. 

Wunder,  In  re,  186,  724. 

Wylie,  et  al.,  In  re,   399. 

Wynkoop,  Hallenbeck,  Crawford  Co.  v. 
Gaines,  650. 

Wyoming  Valley  Co-operative  Associa- 
tion, In  re,  35. 

Wyoming  Valley  Ice  Co.,  In  re,  269. 


are  to  pages.] 


Y. 


Yates,   In   re,   92,   428. 

Yeager,   In   re,    187. 

Yoder,  In  re,  32. 

Yoke    Vitrified    Brick    Co.,    In    re,    274. 

394. 
York  Mfg.  Co.  v.  Brewster,  506. 
York  Mfg.  Co.  v.  Cassell,  507. 
Yorkville  Coal   Co.,   In  re,  201. 
Yost,   In   re,    IBS. 
Young,  In  re,  229,  544. 
Young,  In  re,  431,  733. 
Young  V.  Gordon,  270. 
Young  V.  Young,  44. 
Youngbluth  v.  Slipper,   39. 
Youngstrom,  In  re,  191,  640. 

Z. 

Zack,  In  re,  187. 

Zavelo  V.  Reeves,  469. 

Zehner,  In  re,  221,  298,   381. 

Zeis,  In  re,  526. 

Zier  &  Co.,  In  re,  123,  546,  547. 

Zier  &  Co.,  In  re,  546. 

Zoffer,  In  re,  440. 

Zorn  &  Co.,  In  re  Geo.,  262. 

Zotti,  In  re,  38. 

Zotti,  275. 

Zugalla      V.       International       Mercantile 

Agency,   41,   614. 
Zumpfe  V.  Schultz,   189. 


FORMS,  RULES  AND  GENERAL  ORDERS 
IN  BANKRUPTCY. 


PART    I. 
PETITION  AND  ADJUDICATION. 

FOEM  No.  1.  Petition  in  Bankruptcy  by  Individual. 

2.  Debtor's  Schedules,  Oath  and  Summary  Statement. 

3.  Voluntary  Petition  by  Corporation  with  Resolution  by  Board  of  Directors. 

4.  Vohuitary  Petition  of  Partnersliip. 

5.  \'oluntary  Petition  of  Partnership,  all  Partners  not  joining. 

6.  Affidavit  of  Pauper  in  Voluntary  Proceedings. 

7.  Involuntary  Petition  by  three  Creditors  against  Individual. 

8.  Involuntary  Petition  against  a  Corporation. 

9.  Involuntary  Petition  by  one  Creditor  against  a  Partnership. 

10.  Subpoena  to  Alleged  Bankrupt. 

11.  Marshal's  Return  thereon. 

12.  General  Appearance  of  Bankrupt  or  Creditor. 

13.  Petition  of  Creditor  to  intervene. 

14.  Order  allowing  Intervention. 

15.  Admission  of  Bankruptcy  by  a  Corporation. 

16.  Motion  to  dismiss  for  Defects  appearing  on  Face  of  Petition. 

17.  Order  denying  Motion  to  dismiss  and  Notice  of  Settlement. 

18.  Denial  of  Bankruptcy. 

19.  General  Answer  of  Alleged  Bankrupt. 

20.  Answer  alleging  more  than  twelve  creditors. 

21.  Answer  of  Creditor. 

22.  Demand  for  Jury  Trial. 

23.  Order  for  Jury  Trial. 

24.  Notice  of  Trial  in  Involuntary  Proceeding. 

25.  Order  extending  Time  to  Answer. 

26.  Consent  to  withdraw  Answer  and  for  Adjudication. 

27.  Order  for  Adjudication  and  Reference. 

28.  Order  of  Reference  in  Judge's  Absence. 

29.  Order  cf  Adjudication  by  Referee. 

30.  Order  denying  Adjudication. 

31.  Order     dismissing     Petition,     vacating     Receivership     and     Notice     of 

Settlement. 

32.  Order  referring  Issues  to  Special  Master. 

33.  Notice  of  Hearing  before  Special  Master. 

34.  Exceptions  to  Master's  Report  on  Issues  of  Bankruptcy. 

35.  Order  overruling  Report  of  Special  Master  dismissing  Petition,  etc. 

36.  Order   confirming   Report   of    Special    Master,    dismissing    Petition    and 

referring  Receiver's  Application  to  Special  Master. 

37.  Respondent's  Bill  of  Costs  and  Notice  of  Taxation. 

38.  Affidavit  and  Order  to  show  Cause  to  pimisli  Bankrupt  for  Failure  to  file 

Schedules. 

39.  Order  that  Bankrupt  file  Schedules. 

40.  Afiidavit  to  List  of  Creditors,  prepared  by  Petitioning  Creditors. 

41.  Order  dismissing  Involuntary  Proceedings  by  consent. 

42.  Petition   to    vacate    Adjudication    and    dismiss    Vohuitary    Petition    for 

want  of  Jurisdiction. 

43.  Petition  to  vacate  Adjudication  in  Involuntary  Proceedings. 

44.  Petition  for  Service  by  Publication. 

45.  Order  of  Publication. 

46.  Petition  to  amend  Petition. 

47.  Petition  to  transfer  Proceedings  to  another  District. 

48.  Order  transferring  Proceedings  to  another  District. 

[3] 


4  FORMS  IN  BANKRUPTCY. 

FORM  No.  1. 

[Official] 

DEBTOR'S  VOLUNTARY   PETITION. 

To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States, 

for  the 'District  of : 

The  petition  of    ,  of in  the   county  of , 

and   district   and    State   of    being   by   occupation   a 

respectfully  represents : 

That  he  has  had  his  principal  place  of  business  (or  has  resided,  or  has  had 
his  domicile)  for  the  greater  portion  of  six  months  next  immediately  preced- 
ing the  filing  of  this  petition  at 

within  said  judicial  district ;  that  he  owes  debts 

Avhich  he  is  unahle  to  pay  in  full ;  that  he  is  willing  to  surrender  all  his  prop- 
erty' for  the  benefit  of  his  creditors,  except  such  as  is  exempt  l)y  law,  and  desires 
to  obtain  the  benefit  of  the  Acts  of  Congress  relating  to  Bankruptcy. 

That  the  schedule  hereto  annexed,  marked  A,  and  verified  by  your  peti- 
tioner's oath,  contains  a  full  and  true  statement  of  all  his  debts;  and  (so  far 
as  it  is  possible  to  ascertain)  the  names  and  places  of  residence  of  his  creditors, 
and  such  further  statements  concerning  said  debts  as  are  required  by  the  pro- 
visions of  said  acts : 

That  the  schedule  hereto  annexed  marked  B,  and  verified  by  your  peti- 
tioner's oath,  contains  an  accurate  inventory  of  all  his  property,  both  real  and 
personal,  and  such  further  statements  concerning  said  property  as  are  required 
by  the  provisions  of  said  acts : 

Wherefore  your  petitioner  prays  that  he  may  be  adjudged  by  the  court  to 
be  a  bankrupt  within  the  purview  of  said  acts. 


Petitioner 


Attorney 

United  States  of  America, District  of   ss : 

I,   ,  the  petitioning  debtor  mentioned  and 

described  in  the  foregoing  petition,  do  hereby  make  solemn  oath  that  the 
statements  contained  therein  are  true,  according  to  the  best  of  my  knowledge, 
information  and  belief. 


Petitioner 

Subscribed  and  sworn  to  before  me  this day  of 

A.  D.,  19 


(Official  Character.) 


FORMS  IN  BANKRUPTCY. 


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bond,  bill  of  exchange,  promissory 
note,  etc.  and  whether  contracted 
as  partner  or  joint  contractor  with 
any  other  person;  and  if  so,  with 
whom. 

RESIDENCE. 

(If  unknown  that  fact  must 
be  stated.) 

NAMES  OF  CREDITORS. 

Reference  to 

Ledger 
or  Voucher. 

FORMS  IN  BANKEUPTCY. 


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FORMS  IN  BANKRUPTCY. 


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coidractor,    or    with    any 
other    person;     and  if  so, 
with  whom. 

PLACE  WHERE 
CONTRACTED. 

Names   and  Resi 
deuce  of  ]iers()ns 
accommodated. 

RESIDENCES. 

(If  uidvnown,    tliat  fact 

must  be  stated.) 

NAME  OF  HOLDERS. 

Reference  to 

Ledger 
or  Voucher. 

10 


FORMS  IN  BANKRUPTCY. 


OATH  TO  SCHEDULE  A. 


UNITED  STATES  OF  AMEIUCA,^ 

District  of 


>  ss. 


On  this. 


_day  of_ 


.A.  D.  19 


before  nie  personally  came . 

t'ne  person  mentioned  in  and  who  subscribed  to  the  foregoing  Schedule,  and 
Avho,  being  by  me  first  duly  sworn,  did  declare  the  said  Schedule  to  be  a 
statement  of  all  his  debts,  in  accordance  with  the  Acts  of  Congress  relating 
to  bankruptcy. 


Subscribed  and  sworn  to  before  me  this, 
day  of ,  A.  D.,  19 


[Official  character.] 


FORMS  IN  BANKRUPTCY. 


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STATEMENT  OF  PARTICULARS 
RELATING  THERETO. 

1 

INCUMBRANCES  THEREON,  IF 

ANY,    AND    DATES 

THEREOF. 

LOCATION  AND  DESCRH'TION  OF  ALL  REAL 

ESTATE  OWXKD  BY  DEBTOR  OR 

HEI.DliY  11 LM. 

' 

- 

12 


FORMS  IN  BANKRUPTCY. 


FORMS  IN  BANKRUPTCY. 


13 


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17 


OATH  TO  SCHEDULE  B. 


UNITED  STATES  OF  AMERICA, 


DISTRICT  OF 


>ss. 


On  this. 


day  of_ 


.A.  D.  19 


before  me  personally  came 

the  person  mentioned  in  and  who  subscribed  to  the  foregoing  schedule,  and 
who,  being  by  me  first  duly  sworn,  did  declare  the  said  schedule  to  be  a 
statement  of  all  his  estate,  both  real  and  personal,  in  accordance  with  the 
acts  of  Congress  relating  to  bankruptcy. 


Subscribed  and  sworn  to  before  me  this, 
day  of ,  A.  D.,  19 


[Official  character.' 


18 


FORMS  IN  BANKRUPTCY. 
SUMMARY  OF  DEBTS  AND   ASSETS. 

[From  the  Statements  of  the  Bankrupt,  in  Schedules  A  and  B. 


Schedule  A. 


Schedule  B. 
Schedule  B. 


1     (1)     Taxes  and  debts  due  United  States. 

1     (2)     Taxes  due  States,  counties,  districts  and 
municipalities. 

1     (3)     Wages. 

1     (4)     Other  debts  preferred  by  law. 


Schedule  A. 

2 

Secured  claims. 

Schedule  A. 

3 

Unsecured  claims. 

Schedule  A. 

4 

Notes  and  bills  which  ought  to  be  paid 
by  other  parties  thereto. 

Schedule  A. 

5 

Accommodation  paper. 

Schedule  B. 

3- 

" 

3- 

" 

3- 

,. 

3 

" 

3- 

Schedule  B. 

4 

Schedule  B. 

5 

Schedule  B. 

6 

Schedule  A.     Total,      ... 

Real  Estate. 
~a.      Cash  ou  band. 

— b.     Bills,  promissory  notes,  and  securities. 
— c.      Stock  in  trade. 
— d.      Household  goods,  ic. 
— e.      Books,  prints  and  pictures. 
—  f.      Horses,  cows  and  other  animals. 
— g.     Carriages  and  other  vehicles. 
— h.     Farming  stock  and  implements. 
— i.      Shipping  and  shares  in  vessels. 
— k.     Machinery,  tools.  *tc. 
— 1.      Patents,  copyrights  and  trade-marks. 
— m.    Other  personal  propert}'. 
— a.      Debts  due  on  open  accounts. 
— b.     Stocks,  negotiable  bonds,  &.C. 
— c.      Policies  of  insurance. 
— d.     Unliquidated  claims. 
— e.      Deposits  of  money  in  banks  and  elsewhere. 

Property  in  reversion,  remainder,  trust,  &c 

Property  claimed  to  be  exempted. 

Books,  deeds  and  papers. 

Schedule  B.     Total,     .     .     . 


rOEMS  IN  BANKKUPTCY.  19 

NOTES. 

Voluntary  Proceedings  and  Schedules. 

References.— Bankruptcy  Act  Sees.  1  (1)  (20),  2  (1),  4a,  18a,  c,  59a,  g. 

General  Orders  IV.  V,  VI,  XI. 
See  Local  District  Rules, 

I'etition  and  schedules  in  voluntary  proceedings  should  be  drawn  and  verified  in 
triplicate  and  tiled  always  with  the  elerk. 

In  re  Sykes,  6  Am.  B.  R.  264  j   106  Fed.  669. 

In  re  Wolf,  2  Am.  B.  R.  322;  94  Fed.  110. 

Must  be  accompanied  by  fees  or  atiidavit  in  forma  pauperis. 

Filing  of  a  voluntary  petition  not  an  act  of  bankruptcy,  merely  institutes  a  pro- 
ceeding in  which  the  Court  acquires  jurisdiction  to  adjudicate,  if  the  facts  warrant. 

In  re  Ceballos  &  Co.,  20  Am.  B.  R.  459;  161  Fed.  445. 

Jurisdiction  attaches  at  once  upon  the  filing  of  the  petition.  A  caveat  to  all  the 
world.     In  re  Billing,  17  Am.  B.  R.  80;   145  Fed.  395. 

Adjudication  will  be  granted  where  voluntary  petition  sets  forth  the  jurisdictional 
requirements.     In  re  Carbone,  13  Am.  B.  K.  55. 

A  voluntary  petition  which  schedules  no  dischargeable  debt  may  be  dismissed. 

In  re  Colaluca,  13  Am.  B.  R.  292;   133  Fed.  255. 

An  adjudication  in  voluntary  bankruptcy  takes  effect  as  of  date  the  petition  is  filed 
80  that  the  title  of  the  trustee  to  property  relates  back  to  that  date. 

Crowe  v.  Baumann,  (D.  C.  N.  Y.^  27  Am.  B.  R.  100;  190  Fed.  399. 

Who  may  file  voluntary  petition.  Since  Amendment  of  1910,  any  person  except  a 
municipal,  railroad,  insurance  or  banking  corporation. 

Debtor  owing  but  one  provable  debt,  and  with  no  assets  may  file, 
in  re  Schwaninger,  16  Am.  B.  R.  427;  144  Fed.  555. 

Infant.— In  re  Duguid,  3  Am.  B.  R.  794;  100  Fed.  274.  In  re  Brice,  2  Am.  B.  R. 
197;  93  Fed.  942. 

In  re  Fidemiller,  5  Am.  B.  R.  570;  105  Fed.  595.  In  re  Walrath,  24  Am.  B.  R.  541; 
175  Fed.  243.     In  re  Penzansky  (D.  C.  Mass.),  8  Am.  B.  R.  99. 

As  to  infant  partner,  see, 

In  re  Dunnigan  Bros.,  2  Am.  B.  R.  628;  95  Fed.  428  and  foot  note.  In  re  Duguid, 
(supra). 

Lunatic— In  re  btein  (C.  C.  A.  7th  Cir.),  11  Am.  B.  R.  536;  127  Fed.  547;  62  C.  C. 
A.  272. 

In  re  Eiscnberg  (D.  C.  N.  Y.),  8  Am.  B.  R.  551;   117  Fed.  786. 

In  re  Funk  (D.  C.  la.),  4  Am.  B.  R.  96;   101  Fed.  244. 

Subsequent  insanity  does  not  ab;ite  the  proceeding. 

In  re  Kehler  (C.  C.  A.  2d.  Cir.),  19  Am.  B.  R.  513;  159  Fed.  55;  86  C.  C.  A.  245, 
rev'g,  18  Am.  B.  R.  596;   153  Fed.  235. 

Married  Woman.— IMcDonald  v.  TeflFt  Weller  Co.  (C.  C.  A.  5th  Cir.),  11  Am.  B.  R. 
800;  128  Fed.  381 ;  63  C.  C.  A.  123. 

Alien.— In  re  Clisdell,  2  Am.  B.  R.  424;  101  Fed.  246. 

Indian.— In  re  Rennie,  2  Am.  B.  R.  182. 
In  re  Russie,  3  Am.  B.  R.  6;  96  Fed.  608. 


20  FOEMS  m  BANKEUPTCY. 

In  States  wlicre  system  of  community  property  prevails  husband  and  wife  may  file 
joint  petition. 

In  re  Ray,  1  Nat.  Bank.  News  276. 

Filing  voluntary  petition  while  involuntary  petition  is  pending. 

Practice  as  to  adjudication. 

Fully  discussed  in: 

In  re  New  Chattanooga  Hardware  Co.  (D.  C.  Tenn.)  27  Am.  B.  R.  77;  190  Fed.  241. 

In  re  Beiermcister  Bros.  Co.,  31  Am.  B.  R.  474;  208  Fed.  945. 

Germania  Nat.  Bank  of  Lachenmaier  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  325;  203 
Fed.  32;  121  C.  C.  A.  368. 

In  re  Stegar  (D.  C.  Ala.),  7  Am.  B.  R.  665;  113  Fed.  978. 

In  re  Waxelbaum  (D.  C.  N.  Y.),  3  Am.  B.  R.  392;  98  Fed.  589. 

(Contra)     In  re  Dwyer  (D.  C.  No.  Dak.),  7  Am.  B.  R.  532;  112  Fed.  777. 

As  to  right  of  individual  partner  to  file  petition  though  firm  has  been  refused  a 
discharge  in  previous  proceedings.     In  re  Feigenbaum,  7  Am.  B.  R.  339;    151   Fed.  508. 

Wliere  there  is  no  estate,  no  claims  proved  and  no  trustee  appointed  bankrupt  may 
withdraw  voluntary  petition. 

In  re  Hebbart,  5  Am.  B.  R.  8;  104  Fed.  322. 

See,  on  dismissal  by  consent  of  parties  after  adjudication  on  motion  of  bankrupt. 

In  re  McKee   (D.  C.  Tex.),  32  Am.  B.  R.  731,  214  Fed.  885. 

Answer  cannot  be  interposed  to  voluntary  petition. 

In  re  Jehu,  2  Am.  B.  R.  498 ;  94  Fed.  638. 

No  legal  obligation  on  an  insolvent  debtor  to  file  a  voluntary  petition  in  bank- 
ruptcy. 

Richmond  Standard  Steel  Spike  and  Iron  Co.  v.  Allen  (C.  C.  A.  4th  Cir.),  17  Am. 
B.  R.  583;  148  Fed.  657;  78  C.  C.  A.  389. 

Adjudication  not  conclusive  on  creditors,  although  not  appealed  from  and  creditors 
may  by  petition^ ask  a  dismissal  of  the  proceedings  upon  facts  appearing  on  the 
bankrupt's  examination  and  showing  that  the  court  is  without  jurisdiction. 

In  re  Garneau  (C  C.  A.  7th  Cir.),  11  Am.  B.  R.  679;  127  Fed.  677;  62  C.  C.  A.  403. 

Objection  made  after  adjudication  comes  too  late  to  be  effective  was  held  in  Dodge  v. 
Kenwood  Ice  Co.  (C.  C.  A.  8th  Cir.),  29  Am.  B.  R.  586;  204  Fed.  577;  123  C.  C.  A.  103; 
aff'g,  In  re  Kenwood  Ice  Co.  (D.  C.  Minn.),  26  Am.  B.  R.  499;  189  Fed.  525. 

Sec.  2   (1). 

Six  months  period. —  In  re  Ray,  2  Am.  B.  R.  158. 

In  re  Plotke   (C.  C.  A.  7th  Cir.),  5  Am.  B.  R.  171;   104  Fed.  964;  44  C.  C.  A.  282. 

In  re  Harris,  11  Am.  B.  R.  649. 

In  re  Tully,  19  Am.  B.  R.  604;  156  Fed.  634. 

Removal  from  one  district  to  another  to  acquire  residence  must  be  bona  fide. 

In   re   Garneau    (supra). 

Where  petition  should  be  filed. 
Domicile  and  Residence. 

Domicile  determined  by  intent  and  fact.    In  re  Williams,  3  Am.  B.  R.  677;  99  Fed. 
544.     In  re  Borner,  3  Am.  B.  R.  325.    In  re  Grimes,  2  Am.  B.  R.  160;  94  Fed.  800. 
In  re  Lipphart  (D.  C.  N.  Y.),  28  Am.  B.  R.  705;  201  Fed.  103. 

In  re  Garneau  (C.  C.  A.  7th  Cir.),  11  Am.  B.  R.  679;  127  Fed.  677;  62  C.  C.  A.  403. 
In  re  Kingsley,  20  Am.  B.  R.  427;  160  Fed.  275. 

Principal  place  of  business. —  In  re  Brice,  2  Am.  B.  R.  197;  93  Fed.  942. 
in  re  tiuaniicevi  Tunnel  Co.   (C.  C.  A.  2d  Cir.),  29  Am.  B.  R.  229   (and  foot  note); 
201  Fed.  316;  119  C.  C.  A.  554. 

[See,  Cases  cited  under  Invol.  Pet.,  infra,  p.  44.] 


FOEMS  IN  BANKRUPTCY.  21 

SCHEDULES. 

Official  forms  must  be  used. 

Malioney  et  al.  v.  Ward,  3  Am.  B  R.  770;  100  Fed.  278.  In  re  McClintock,  13  Am. 
B.  R.  COG.     In  re  City  Contracting  and  Building  Co.   (D.  C.  Haw),  30  Am.  B.  R.  133. 

Failure  to  precisely  observe  form  not  necessarily  fatal. 

Burke  v.  Guarantee  Title  and  Trust  Co.  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  31;  134 
Fed.  562;  67  C.  C.  A.  486. 

In  re  Sopcr  and  Slada,  1  Am.  B.  R.  193. 

As  a  representation  that  the  property  set  forth  is  all  the  property  known  to 
bankrupt.  Johnson  v.  United  States  (C.  C.  A.  1st  Cir.),  20  Am.  B.  II.  724;  163  Fed.  30; 
89  C.  C.  A.  509. 

Ditto  marks  should  not  be  used. 

In  re  Mackey,  1  Am.  B.  R.  593. 

Of  vital  importance  that  names  and  addresses  should  be  written  with  care. 

Liesum  v.  Krauss,  71  N.  Y.  Supp.  1022;  35  N.  Y.  Misc.  376.  Westheimer  v.  Howard 
(N.  Y.  Sup.  Ct.),  14  Am.  B.  R.  547;  47  N.  Y.  Misc.  145;  93  N.  Y.  Supp.  518. 

Abbreviations  should  be  avoided. 

Sutherland  v.  Lasher  (X.  Y.  Sup.  Ct.),  11  Am.  B.  R.  780;  41  Misc.  (N.  Y.)  240. 

All  creditors  should  be  scheduled  even  if  debt  is  barred  by  Statute  of  Limitations, 
but  scheduling  the  latter  not  a  revival  of  the  debt. 

In  re  Lipman,  2  \m.  B.  R.  46;  94  Fed.  353. 

In  re  Resler,  2  Am.  B.  R.  602;  95  Fed.  304. 

When  claim  has  been  reduced  to  judgment,  record  holder  should  be  scheduled, 
whoever  may  be  actual  holder. 

Sellers  v.  Bell  (C.  C  A.  5th  Cir.),  2  Am.  B.  R.  529;  94  Fed.  80;   36  C.  C.  A.  502. 

That  non-assignable  claims  need  not  be  scheduled  has  been  held  in  Louisiana 
Sup.  Ct.,  as  to  claim  based  on  libel.  Irion  v.  Knapp,  et  al.,  31  Am.  B.  E.  891.  Creditor 
may  institute  proceeding  to  compel  bankrupt  to  file  schedules.  In  re  Brockton  Ideal 
Shoe  Co.  (C.  C.  A.  2d  Cir.),  29  Am.  B.  R.  76;  200  Fed.  745;  119  C.  C.  A.  189.  [See 
Form  Xo.  38.] 

[As  to  partnership  schedule,  see  notes  following  Form  No.  4.] 

When  debt  not  properly  scheduled. —  Weidenfeld  v.  Tillinghast  (City  C.  X.  Y.),  IS 
Am.  B.  R.  531;  54  Misc.  (X.  Y.)  90;  104  X.  Y.  Supp.  712. 

Street  number  omitted. 

Cagliostro  v.  Indello,  17  Am.  B.  R.  685;  53  Misc.  (X.  Y.)  44;  102  X.  Y.  Supp.  918. 

Ilaack  v.  Theise,  16  Am.  B.  R.  699;  51  Misc.  (X.  Y.)  3. 

Kri'itlein  v.  Ferger  (U.  S.  Sup.  Ct.),  34  Am.  B.  R.  862;  rev'g  s.  c.  28  Am.  B.  R.  908. 

Columbia  Bank  v.  Birkett  (U.  S.  Sup.  Ct.),  12  Am  B.  R.  691;  195  U.  S.  345:  49  L. 
Ed.  231,  affg,  s.  c.  (Ct.  App.  X.  Y.),  9  Am.  B.  R.  481;  174  X.  Y.  112;  aff'g  65  App. 
Div.  615. 

Sclicdule  of  articles  claimed  as  exempt  not  mandatory. 

Burke  v.  Guarantee  Title  and  Trust  Co.  (C.  C.  A.  3rd  Cir.),  (supra). 

Lipman  v.  Stein  (C.  C.  A.  3rd  Cir),  14  Am.  B.  R.  30;  134  Fed.  235;  67  C.  C.  A.  17. 

In  re  McClintock,  13  Am.  B.  R.  606. 

Scheduling  notes,  "  original  payee." 

Broadway  Trust  Co.  v.  Mannheim  (X.  Y.  Sup.  Ct.),  14  Am.  B.  R.  122;  47  Misc. 
(N.  Y.)  415. 

Hazard  Manufacturing  Co.  v.  Brown,  25  Am.  B.  R.  903. 

"Original  mortgagee,"  Mueller  v.  Goerlitz  (X.  Y.  Sup.  Ct.),  17  Am.  B.  R.  687;  53 
Misc.  (X.  Y.)  53;  103  X.  Y.  Supp.  1037. 

Guasti  V.  Miller  (Ct.  App.  X.  Y.),  26  Am.  B.  R.  797;  203  X.  Y.  259;  aff'g  144 
App.  Div.  898. 


32  FORMS  IX  BANKRUPTCY. 

Graber  r.  Gault,  103  App.  Div.  (X.  Y.)  511. 

McCreery  and  Co.  v.  Brown  (Pa.  Ct.  Com.  PL),  29  Am.  B.  Pv.  238. 

When  business  address  not  sufficient. 

AIcKee  v.  Preble  et  al.  (X.  Y.  App.  Div.),  31  Am.  B.  Pt.  852;  154  App.  Div.  (N.  Y.) 
156. 

Reasonable  eflfort  must  be  made  to  ascertain  residence  of  creditor. 

Parker  v.  Murphy  (Mass.  Sup.  Jud.  Ct.),  31  Am.  B.  R.  646. 

Amendment  by  bankrupt  to  insert  debts  after  estate  is  closed;  when  not  allowed. 

In  re  Sayer,  32  Am.  B.  R.  90;  210  Fed.  397- 

In  re  Spicer,  16  Am.  B.  R.  802;  145  Fed.  431. 

Verification  of  schedules. —  May  be  verified  before  State  or  Federal  officers. 

Oaths  and  each  separate  page  of  schedules  should  be  signed  by  the  bankrupt. 

See,  In  re  McConnell,  11  Am.  B.  R.  418. 

Corporate  authorization  must  be  averred. 

In  re  Jefferson  Casket  Co.  (D.  C.  X.  Y.),  25  Am.  B.  R.  663;   182  Fed.  689. 

President  no  implied  authority  to  sign  and  verify  under  X.  Y.  statute  s.  c.  (supra). 

False  oath  as  to  schedule. — A  bankrupt  not  guilty  of  making  a  false  oath  because 
he  omits  from  schedules  securities  which  are  worthless. 

InreMcCrea  (C.€.  A.2nd  Cir.),  20  Am.  B.  R.  412;  161  Fed.  246;  88  C.  C.  A.  282. 

Admissibility  of  schedules  in  evidence. —  Xot  admissible  against  bankrupt  in 
criminal  proceedings. 

Johnson  v.  United  States  (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  724;  163  Fed.  30;  89  C. 
C.  A.  509. 

United  States  v.  Chambers  (C.  C.  X.  Y.),  13  Am.  B.  R.  708;  135  Fed.  1023. 

United  States  v.  Green,  34  Am.  B.  R.  405. 

When  competent  on  question  of  insolvency  and  preferential  transfer. 

In  re  Mandel  (C.  C.  A.  2nd  Cir.),  135  Fed.  1021;  68  C.  C.  A.  546;  aff'g  10  Am.  B.  R. 
774;  127  Fed.  863. 

In  action  to  recover  a  preference. 

Utah  Association  of  Credit  Men  v.  Boyle  Furniture  Co.  (Utah  Sup.),  26  Am. 
B.  R.  867. 

Hackney  v.  Hargreaves  Bros.,  13  Am.  B.  R.  164;  3  Xeb.  676. 

In  re  Docker-Foster  Co.  (D.  C.  Pa.),  10  Am.  B.  R.  584. 

[See,  Chamberlyne  on  "Evidence,"  p.  3793.] 

Criminating  statements  in  schedules. 

When  bankrupt  excused  from  filing  on  constitutional  grounds. 

Podolin  et  al.  v.  Lesher  Warner  Dry  Goods  Co.  (C.  C.  A.  3rd  Cir.),  31  Am.  B.  R. 
796;  210  Fed.  97;  126  C.  C.  A.  611;  aff'g  In  re  Podolin  (D.  C.  Pa.),  30  Am.  B.  R.  576; 
205  Fed.  563. 

See  also,  8.  c.  29  Am.  B.  R.  406;  202  Fed.  1014. 


FORMS  IN  BANKRUPTCY.  23 


FORM  No.  3. 

VOLUNTARY    PETITION    BY    CORPORATION    WITH    RESOLUTION    OF 
BOARD    OF   DIRECTORS. 

To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States, 

for  the District  of : 


The  petition  of of in  the  city  of 

respectfully  represents : 

That  it  is  a  corporation  duly  created,  organized  and  existing  under  and  by 

virtue  of  the  laws  of  the  State  of ,  and  is  not  a 

municipal,  railroad,  insurance  or  banking  corporation ;  that  it  has  had  its 
principal  place  of  business  and  has  carried  on  its  principal  business  for  the 
greater  jDortion  of  six  months  next  immediately  preceding  the  filing  of  this 

petition  at  No in  the  city  of within  said 

judicial  district;  that  it  owes  debts  which  it  is  unable  to  pay  in  full ;  that  it  is 
willing  to  surrender  all  of  its  property  for  the  benefit  of  its  creditors,  except 
such  as  is  exempt  by  law,  and  desires  to  obtain  the  benefit  of  the  Acts  of 
Congress  relating  to  bankruptcy. 

That  the  schedule  hereto  annexed,  marked  A,  and  verified  by  your  peti- 
tioner's oath  contains  a  full  and  true  statement  of  all  its  debts  and  (so  far  as 
it  is  possible  to  ascertain)  the  names  and  places  of  residence  of  its  creditors  and 
such  further  statements  concerning  said  debts  as  are  required  by  the  pro- 
visions of  said  acts : 

That  the  schedule  hereto  annexed  marked  B,  and  verified  by  your  peti- 
tioner's oath,  contains  an  accurate  inventory  of  all  its  property,  both  real  and 
personal,  and  such  further  statements  concerning  said  property  as  are  required 
by  the  provisions  of  said  acts : 

That  at  a  meeting  of  the  board  of  directors  of  your  petitioner  duly  called 

and  held  on  the day  of 191 .  .  .  . ,  at  which  all  of 

its  directors  were  present,  the  following  preamble  and  resolution  were  duly 
and  unanimously  adopted,  viz. : 

"  "Whereas  this  corporation is  unable  to  pay  its 

debts  and  is  insolvent  within  the  meaning  of  the  Acts  of  Congress  relating  to 
bankruptcy : 

Resolved,  That  this  corporation  petition  the  United  States  District  Court 

for  the    District  of    ,  for  its  adjudication  as  a 

bankrupt,  and  that ,  the  president  of  this  corpora- 
tion, be  and  he  hereby  is  authorized  and  directed  to  make,  verify  and  file  all 
such  petitions,  schedules  and  other  papers  as  may  be  requisite  or  necessary  to 
procure  such  adjudication." 


24  FOKMS  IN  BANKRUPTCY. 

Wherefore  your  petitioner  prays  that  it  may  be  adjudged  by  the  Court  to  be 
a  bankrupt  within  the  purview  of  said  acts. 


By 

Petitioner. 


Attorneys  for  Petitioner , 
Office  and  postoffice  address, 

Street, 

<^,ity  of 


CFnited  States  of  America  "^ 

District  of ,  K-ss.: 

County  of    J 

I am  the (insert  official 

capacity )    of    the    petitioning    debtor    mentioned    and 

described  in  the  foregoing  petition,  and  I  do  hereby  make  solemn  oath  that  the 
statements  contained  therein  are  true  according  to  the  best  of  my  knowledge, 
information  and  belief. 

Subscribed  and  sworn  to  before  me  this day  of 

19 

(Official  Character.) 

NOTES. 

Power  of  corporate  board  of  directors  to  authorize  filing  of  voluntary  petiticm  in 
absence  of  statutory  limitations. 

Dodge  V.  Kenwood  Ice  Co.  (C.  C.  A.  8th  Cir.),  29  Am.  B.  R.  586;  204  Fed.  577; 
123  C.  C.  A.  103;  aflf'g  In  re  Kenwood  Ice  Co.  (D.  C.  Minn.),  26  Am.  B.  R.  499;  189 
Fed.  525. 

In  re  Guanacevi  Tunnel  Co.  (C.  C.  A.  2nd  Cir.),  29  Am.  B.  R.  229;  201  Fed.  316; 
119  C.  C.  A.  554. 

In  re  Foster  Paint  and  Varnish  Co.   (D.  C.  Pa.),  31  Am.  B.  R.  548;  210  Fed.  652. 

Authority  of  board  notwithstanding  State  statute  prohibiting  any  sale,  assignment 
or  transfer  of  property  without  consent  of  stockholders. 

Bell  V.  Blessing  (C.  C.  A.  9th  Cir.),  35  Am.  B.  R.  672;  225  Fed.  750. 

See,  on  corporate  authorization. 

In  re  Jefferson  Casket  Co.  (D.  C.  N.  Y.),  25  Am.  B.  R.  663;  182  Fed.  689. 

[See  notes  following  Form  No.  2.] 


FOEMS  IN  BANKRUPTCY.  25 

FORM  No.  4. 

VOLUNTARY     PARTNERSHIP     PETITION. 

To  the  Honorable 

Judge  of  the  District  Court  of  the  United  States, 

for  the District  of : 


The  i^etition  of 


respectfully  represents : 

That  your  petitioners   

,  have  been  partners  under  the  firm  name  of liaviiig 

their  principal  place  of  business  at  No in  the 

of in  the  County  of 

and District  of and  State  of 

for  the  greater  portion  of  the  six  months  next  immediately  preceding  the 
filing  of  this  petition ;  that  the  said  partners  owe  debts  which  they  are  unable 
to  pay  in  full ;  that  your  petitioners  are  willing  to  surrender  all  their  property 
for  the  benefit  of  their  creditors,  except  such  as  is  exempt  by  law,  and  desire 
to  obtain  the  benefit  of  the  Acts  of  Congress  relating  to  bankruptcy. 

That  the  schedule  hereto  annexed,  marked  A,  and  verified  by 

oath contains  a  full  and  true  statement  of  all  the  debts,  of 

said  partners,  and,  as  far  as  possible,  the  names  and  places  of  residence,  of  their 
creditors,  and  such  further  statements  concerning  said  debts  as  are  required 
by  the  provisions  of  said  Acts. 

That  the  schedule  hereto  annexed,  marked  B,  verified  hj 

oath contains  an  accurate  inventory  of  all  the  property, 

real  and  personal,  of  said  partners,  and  such  further  statements  concerning 
said  property,  as  are  required  by  the  provisions  of  said  Acts. 

And  said further  states  that  the  schedule  hereto 

annexed,  marked  C,  verified  by  his  oath,  contains  a  full  and  true  statement 
of  all  his  individual  debts,  and,  as  far  as  possible  the  names  and  places  of 
residence  of  his  creditors,  and  such  further  statements  concerning  said  debts 
as  are  required  by  the  provisions  of  said  Acts ;  and  that  the  schedule  hereto 
annexed,  marked  D,  verified  by  his  oath,  contains  an  accurate  inventory  of 
all  his  individual  property,  real  and  personal,  and  such  further  statements 
concerning  said  property  as  are  required  by  the  provisions  of  said  Acts. 

And  said further  states  that  the  schedule  hereto 

annexed,  marked  E,  verified  by  his  oath,  contains  a  full  and  true  statement 
of  all  his  individual  debts,  and  as  far  as  possible,  the  names  and  places  of 
residence  of  his  creditors  and  such  further  statements  concerning  said  debts 
as  are  required  by  the  provisions  of  said  Acts;  and  that  the  schedule  hereto 
annexed,  marked  F,  verified  by  his  oath,  contains  an  accurate  inventory  of 
all  his  individual  property,  real  and  personal,  and  such  further  statements 
concerning  said  property  as  are  required  by  the  provisions  of  said  Acts. 


26  FORMS  IN  BANKRUPTCY. 

Wherefore  j'our  petitioners  pray  that  the  said  firm  and  each  of  them  as 
individuals  may  be  adjudged  by  a  decree  of  the  court  to  be  bankrupts  within 
the  purview  of  said  Acts. 


Petitioners. 


Attorney. 
United  States  of  America, District  of ss. : 

and 

,  the  petitioning  debtors  mentioned  and  described  in  the 

foregoing  petition,  do  hereby  make  solemn  oath  that  the  statements  contained 
therein  are  true  according  to  the  best  of  their  knowledge,  information  and 
belief. 


Petitioners. 

Subscribed  and  sworn  to  before  me  this day  of 

A.  D.,  19.... 


{Official  Character.) 

NOTES. 
Act,  Sees.  1,  (19),  4,  5.    General  Order  VI. 

Co-partnership  petition. —  Official  form  No.  2  not  to  be  relied  upon  if  adjudication 
of  the  partners  as  individuals  is  desired. 

Prayer  should  ask  for  an  adjudication  of  the  individuals  as  well  as  of  the  firm. 

In  re  Winp  Yick  Co.,  13  Am.  B.  R.  757. 

In  re  Lenoir-Cross  &  Co.    (D.  C.  Tenn.),  3.5  Am.  B.  R.  774;  226  Fed.  227. 

In  re  Stokes,  6  Am.  B.  R.  262;  106  Fed.  312. 

In  re  Sandorlin,  6  Am.  B.  R.  384;  109  Fed.  857. 

Schedules  should  be  complete  both  for  the  firm  and  for  each  partner. 

In  re  Cay,  3  Am.  B.  R.  ,529;  98  Fed.  870. 

In  re  Langslow,  1  Am.  B.  R.  258:  98  Fed.  869;  1  N.  B.  N.  232. 

If  a  partner  is  without  the  jurisdiction  or  refuses  to  join,  the  fact  should  be  stated. 
If  the  former,  he  should  be  brought  in  by  publication,  as  if  the  petition  was  against  him. 

See  Collier  (10th  Ed.),  p.  157. 


FOKMS  li\  BAXKKUPTCY.  27 


FORM  No.  5. 

VOLUNTARY  PETITION  OF  PARTNERSHIP,  ALL  PARTNERS  NOT 

JOINING. 

To  the  Honorable 

Judge  of  the  District  Court  of  the  LTiiited  States, 

for  the District  of : 

The  petition  of ,  and ,  of  the 

of ,  in  the  County  of ,  in  said  district,  by  occupation 

respectively and ,  respectfully  shows : 

That  your  petitioners  and are  and  have  been  part- 
ners under  the  style  of .- ,  which  partnership  has  had 

its  principal  place  of  business  at  the of ,  in  the  County 

of ,  in  said  district,  for  the  greater  portion  of  the  six  months 

next  immediately  preceding  the  filing  of  this  petition;  and  that  said  partner- 
ship is  insolvent  and  owes  debts  in  excess  of  one  thousand  dollars  ($1,000). 

That  your  petitioners  as  individuals  each  owes  debts  which  he  is  unable  to 
pay  in  full. 

That  such  partnership  and  your  petitioners  are  willing  to  surrender  its 
and  their  property  for  the  benefit  of  its  and  their  creditors,  respectively,  except 
such  as  is  exempt  by  law,  and  desire  to  obtain  the  benefits  of  the  bankruptcy 
law  of  1898,  as  amended. 

That  the  said ,  whose  place  of  residence  is  in  the 

of ,  in  the district  of ,  has  refused  and 

still  refuses  to  join  in  this  petition;  that  he  is  neither  a  wage-earner  nor  a 
person  engaged  chiefly  in  farming  or  the  tillage  of  the  soil,  and  as  an  individ- 
ual, owes  debts  which  he  is  unable  to  pay  in  full.  [State  whether  non-con- 
senting partner  is  solvent  or  insolvent.] 

[That  such  partnership  has  been  dissolved,  l)ut  there  has  as  yet  l)een  no 
final  settlement.] 

That  the  schedule  hereto  annexed  marked  A,  and  verified  by  your  peti- 
tioners' oaths,  contains  a  full  and  true  statement  of  all  the  debts  of  said  part- 
nership, and  (so  far  as  it  is  possible  to  ascertain)  the  names  and  residences 
of  its  creditors,  and  such  further  statements  concerning  said  debts  as  are  re- 
quired by  said  law. 

That  the  schedule  hereto  annexed  marked  B,  and  verified  by  your  peti- 
tioners' oaths,  contains  an  accurate  inventory  of  all  of  the  property  of  said 
partnership,  both  real  and  personal,  and  such  further  statements  concerning 
said  property  as  are  required  by  said  law\ 

That  the  schedule  hereto  annexed  marked  C,  and  verified  by  the  oath  of 

your  petitioner,   ,  contains  a  full  and  true  statement 

of  all  of  his  individual  debts,  and  (so  far  as  it  is  possible  to  ascertain)  the 
names  and  places  of  residence  of  his  individual  creditors,  and  such  further 
statements  concerning  said  debts  as  are  required  by  said  law. 


28  FOEMS  IN  BANKEUPTCY. 

That  the  schedule  hereto  annexed  marked  D,  and  verified  by  the  oath  of 

your  petitioner,    ,  contains  an  accurate  inventory  of 

all  of  his  individual  property,  both  real  and  personal,  and  such  further  state- 
ments concerning  said  property  as  is  required  by  said  law. 

[Insert  similar  enumeration  for  each  partner,  making  schedule  "  E,  F,  etc."] 
AA'herefore,  your  petitioners  pray  that  such  partnership  and  your  petitioners 
as  individuals  may  be  adjudged  bankrupt  within  the  purview  of  such  bank- 
ruptcy law  of  1898  as  amended,  and  that  service  of  this  petition  with  a 

subpoena  be  made  upon ,  such  non-consenting  partner, 

to  show  cause  why  such  partnership  should  not  be  adjudged  bankrupt,  and 
that  such  proceedings  be  had  as  are  provided  in  said  law  and  General  Order 
VIII.  of  the  Supreme  Court  and  as  the  Court  may  order. 


PetitioneTS. 

>•• 

Attorney  for  Petitioners, 
(Address.) 

[A'erification.] 

(Attach  schedules  and  summary  statement  for  partnership,  and  individual 
schedules  and  summary  statement  for  each  petitioning  partner.) 

NOTES. 

Sec.  5h. 

See  General  Order  VIII. 

Proceeding  voluntary  as  to  petitioning  partner  and  involuntary  as  to  non-joining^ 
partner. 

Before  adjudication  can  be  had,  a  subpoena  must  issue  and  be  served  with  a  copy  of 
petition  on  the  latter  and  he  may  defend  in  same  way  as  if  an  involuntary  petition  were 
filed  against  him. 

In  re  Murray  (infra). 

In  re  Junck  and  P.althazard  (D.  C.  Wis.),  22  Am.  B.  R.  298;  169  Fed.  481. 

If  non-assenting  partner  is  an  absentee  from  jurisdiction  he  must  be  brought  in  by 
publication. 

See  in  re  Murray  (D.  C.  la.),  3  Am.  B.  E.  601;  96  Fed.  600. 

In  re  Russell,  3  Am.  B.  R.  91 ;  97  Fed.  32. 

The  filing  of  a  petition  by  one  partner  against  co-partners  cannot  be  deemed  an  act 
of  bankruptcy  on  the  part  of  the  partnership. 

In  re  Ceballos  and  Co.   (D.  C.  N.  J.),  20  Am.  B.  E.  459;  161  Fed.  445. 

In  re  TTansley  and  Adams  CD.  C.  Cal.),  36  Am.  B.  R.  1 :  228  Fed.  564. 

.Sec,  In  re  J."  and  M.  Schwartz  (D.  C.  X.  Y.),  30  Am.  B.  R.  344;  204  Fed.  326. 

The  proceedings  as  to  creditors  is,  however,  voluntary  and  creditor  may  not  file 
answer. 

In  re  Junck  and  Balthazard  (supra). 

What  non-assenting  partner  may  plead;  may  set  up  defense  of  solvency,  and 
entitled  to  jury  trial. 

In  re  Forbes   (D.  C.  Mass.),  11  Am.  B.  R.  787;   128  Fed.  137. 

Under  General  Order  VIII  entitled  to  same  notice  as  if  petitioned  against. 


FORMS  IX  BANKRUPTCY.  29 

In  re  Altman,  2  Am.  B.  R.  407;  95  Fed.  263;  atf'g  1  Am.  B.  R.  689. 

In  re  Laughlin,  3  Am.  B.  R.  1 ;  96  Fed.  589. 

In  re  Carleton  (D.  C.  Mass.),  8  Am.  B.  R.  270;  115  Fed.  246. 

In  re  Frcuiid,  1  Am.  B.  R.  25. 

Whether  oourt  has  jurisdiction  to  adjudge  non-consenting  partner  a  bankrupt 
individually. 

In  re  Meyer  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R,  559  j  98  Fed.  976;  39  C.  C.  A.  368;  aff'g, 
1  Am.  B.  R.  565;  92  Fed.  896. 

(See   notes   following    Form   Xo.    9.) 

Effect  of  objection  by  non-joining  partner,  to  petition  filed  and  adjudication  had 
■without  notice  to  him 

In  re  City  Contracting  and  Building  Co.   (D.  C.  Haw.),  20  Am.  B.  R.  171. 

Court  of  bankruptcy  has  no  jurisdiction  to  administer  upon  estate  of  an  alleged 
secret  partner  without  declaring  him  a  bankrupt  or  finding  him  insolvent. 

In  re  Kramer  and  Muchnick,  (D.  C.  Pa.),  33  Am.  B.  R.  223;  218  Fed.  138. 


FORM  No.  6. 

AFFIDAVIT   OF   PAUPER   IN   VOLUNTARY  PROCEEDINGS. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 


In  the  Mattee 

OF 


Bankrupt. 


State  of  

County  of 

being  duly  sworn,  deposes  and  says :  that  he  is  the 

petitioner  herein  and  resides  (or  has  his  principal  place  of  business)  at 

in  the  city  of 

That  he  is  wholly  without  money  or  means  and  cannot  obtain  the  money 
with  which  to  pay  the  necessary  fees  for  the  filing  of  this  petition  and  that  he 

has  agreed  to  pay  his  attorney  for  his  services  the  sum  of  $ no  part 

of  wliich  has  been  paid. 

Sworn  to  before  me  this 

day  of  19.... 


30  FOEMS  IN  BANKRUPTCY. 


NOTES. 


Sec.  51a  (2)  General  Order  XXXV  (4). 

Comp.  Rules  No.  Dist.  of  N.  Y.  5. 

Duty  of  clerk  as  to  receipt  of. 

In  re  Mason,  25  Am   B.  K.  73;  181  Fed.  899. 

Sellers  v.  Bell   (C.  C.  A.  5th  Cir.),  2  Am.  B.  R.  529;  94  Fed.  801;  36  C.  C  A.  502. 

In  re  Mines,  9  Am.  B.  R.  27;  117  Fed.  790. 

In  re  Collier,  1  Am.  B.  R.  182;  93  Fed.  191. 

In  re  Levy,  4  Am.  B.  R.  108;  101  Fed.  247. 

In  re  Plimpton,  4  Am.  B.  R.  614;  103  Fed,  776. 


FORM  No.  7. 

rNVOLUNTARY       PETITION       BY       THREE       CREDITORS 
AGAINST  INDIVIDUAL. 

To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States, 

for  the District  of : 


The  petition  of ,  of  the  City  of  ,  and 

of  ,  of  the  City  of ,  and  of 

,  of  the  City  of ,  respectfully  shows : 

First.    That ,  has  for  the  greater  portion  of  the  six 

months  next  preceding  the  date  of  the  filing  of  this  petition,  resided,  (or  had 

his  principal  place  of  business)   (or  had  his  domicile)  in  the  City  of 

,  State  and  District  aforesaid,  and  owes  debts  to  the  amount  of  one 

thousand  dollars  and  upwards,  and  is  insolvent,  and  is  neither  a  wage-earner 
nor  a  person  engaged  principally  in  farming  or  the  tillage  of  the  soil,  but  is 
by  occupation  a 

Second.    That  your  petitioners  are  creditors  of  the  said , 

having  provable  claims  against  him  amounting  in  the  aggregate  in  excess 
of  securi-ties  held  by  them  to  the  sum  of  five  hundred  dollars ;  that  none  of 
your  petitioners  is  entitled  to  priority  of  payment  of  his  said  claim  within 
the  meaning  of  Section  04  (b)  of  the  United  States  Bankruptcy  Act  and 
amendments  thereof,  nor  has  any  of  your  petitioners  received  a  preference 
within  the  meaning  of  Section  GO  (a)-(b)  of  such  law  as  amended. 

lliird.     That  the  nature  and  amount  of  your  petitioners'  claims  are  as 
follows : 

:  The  claim  of  petitioner  is  for : 

[Here  set  forth  fully  as  to  amount,  consideration,  etc.] 
of  which  no  part  has  been  paid  though  duly  demanded. 

:    The  claim  of  petitioner  is  for :    

of  which  no  part  thereof  has  been  paid  though  duly  demanded. 


FORMS  IN  BANKEUPTCY.  31 

:    The  claim  of  petitioner  is  for :   

of  which  no  part  thereof  has  been  paid  though  duly  demanded. 

And  your  petitioners  represent  that  the  said , 

while  insolvent,  and  within  four  months  next  preceding  the  date  of  this  peti- 
tion,  ,  committed  an  act  of  bankruptcy  in  that  he  did 

heretofore,  to  wit: 

[Here  set  forth  act  or  acts  specifically,  giving  facts  bringing  under  Sec.  3-a.] 

Wherefore,  your  petitioners  pray  that  service  of  this  petition  with  a  subpoena 

may  be  made  upon  the  said ,  as  provided  in  the  Acts  of 

Congress  relating  to  bankruptcy  and  that  he  may  be  adjudged  a  bankrupt 
within  the  purview  of  said  Acts. 
Dated , ,19 


Petitioners. 


Attorneys  for  Petitioners, 

Office  and  Post  Office  address, 
Street, 


State  of , 

County  of   

,   and   , 

the  petitioning  creditors  mentioned  and  described  in  the  foregoing  petition, 
do  hereby  severally,  make  solemn  oath  that  the  statements  of  facts  contained 
in  the  foregoing  petition  subscribed  by  them  are  true. 


Subscribed  and  sworn  to  before  me,  this day  of , 

19.... 

NOTES. 

Involuntary  Proceedings. 

References. 

Bankruptcy  Act,  Sec.  1  (4)  (10)  (20)  (22)  (25),  2  (1),  3,  4,  5  (if  against  a 
partnership),  18,  59. 

General  Orders  IV,  V,  VI,  VII,  IX,  XI. 

Equity  llules  XX,  XXV,  XXVIII,  XXX. 

Should  be  filed  in  duplicate. 

Official  Form  No.  3  has  been  held  defective. 

If  petitioners  are  corporations,  show  where  incorporated;  if  a  partnership,  set  out 

firm  name  and  add  "  a  co-partnership  composed  of and etc." 

If  the  adjudication  oi  a  partnership  is  desired,  modify  prayer  for  relief  to  ask  adjudica- 
tion of  both  the  partnership  and  the  individuals  composing  same. 


32  FOEMS  IX  BAXKKUPTCY. 

Filing, 

See,  Millan  v.  Exchange  Bank  of  Mannington  (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  889; 
183  Fed.  753;  106  C.  C.  A.  327;  certiorari  denied  in  219  U.  S.  584;  55  L.  Ed.  346. 

In  re  Stevenson,  2  Am.  B.  R.  66;  04  Fed.  110. 

In  re  Dupree,  8  Am.  B.  R.  321;  97  Fed.  28. 

In  re  Plymouth  Cordage  Co.  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  665;  135  Fed.  1000; 
68  C.  C.  A.  434 

Power  to  adjudicate. —  Residence  and  domicile  distinguished:  ''A  domicile  once 
acquired  is  presumed  to  continue  until  it  is  shown  to  have  been  changed.  Where  a 
change  of  domicile  is  alleged  the  burden  of  proving  it  rests  upon  the  person  making  the 
allegation.  To  constitute  the  new  domicile  two  things  are  indispensable:  First, 
residence  in  the  new  locality;  and,  Second,  the  intention  to  remain  there.  The  change 
cannot  be  made  except  facto  et  animo.  Both  are  alike  necessary.  Either  without  the 
other  is  insufficient.  Mere  absence  from  a  fixed  home,  however  long  continued, 
cannot  work  the  change.  There  must  be  the  animus  to  change  the  prior  domicile  for 
another.     Until  the  new  one  is  acquired  the  old  one  remains." 

Mitchell  v.  United  States,  21  Wall.  353. 

In  re  Davis  (D.  C.  K  J.),  33  Am.  B.  R.  16;  217  Fed.  113. 

Partnership  domicile. 

In  re  Mitchell  et  al.  (C.  C.  A.  2nd  Cir.).  33  Am.  B.  R.  463;  219  Fed.  690;  135 
C.  C.  A.  362. 

In  re  Williams,  9  Am.  B.  R.  736;   120  Fed.  34. 

In  re  Williams,  3  Am.  B.  R.  677;  99  Fed.  544. 

In  re  Berner,  3  Am.  B.  R.  325. 

In  re  Grimes,  2  Am.  B.  R.  160;  96  Fed.  529. 

In  re  Dinglehoef,  6  Am.  B.  R.  242;  109  Fed.  866. 

In  re  Filer,  5  Am.  B.  R.  332;  108  Fed.  209. 

In  re  Scott,  7  Am.  B.  R.  39;  111  Fed.  144. 

In  re  Clisdell,  2  Am.  B.  R.  424;  101  Fed.  246. 

In  re  Blair,  3  Am.  B.  R.  588;  99  Fed.  76. 

In  re  Garneau  (C.  C.  A.  7th  Cir.),  11  Am.  B.  R.  679;  127  Fed.  677;  62  C  C.  A.  403. 

In  re  Waxelbaum,  3  Am.  B.  R.  267;  97  Fed.  562. 

In  re  Mathews  Consol.  Slate  Co.  (D.  C.  Mass.),  16  Am.  B.  R.  350;  144  Fed.  724; 
aff'd  (C.  C.  A.  1st  Cir.),  16  Am.  B.  R.  407;  144  Fed.  737;  75  C.  C.  A.  603. 

In  re  Lemon  (D.  C.  0.),  30  Am.  B.  R.  638;  208  Fed.  80. 

Absconder  —  Presumption  of  residence. 

In  re  Oldstein  (D.  C.  Ore.),  25  Am.  B.  R.  138;  182  Fed.  409. 

Involuntary  proceedings  may  be  brought  in  the  district  where  the  alleged  bankrupt 
has  for  the  greater  part  of  six  months  preceding  the  filing  of  the  petition  resided, 
although  he  may  at  the  same  time  be  without  such  district. 

Hills  v.  F.  b.  McKinness  Co.  (D.  C.  0.),  26  Am.  B.  R.  329;  188  Fed.  1012. 

Who  may  be  adjudged  an  involuntary  bankrupt. 
In  re  Voder,  11  Am.  B.  11.  445;  129  Fed.  894. 
In  re  Mackey,  6  Am.  B.  R.  577;  110  Fed.  355. 
In  re  Drake,  8  Am.  B.  R.  137;  114  Fed.  229. 

Wulburn  v.  Drake  (C.  C.  A.  4th  Cir.),  9  Am.  B.  R.  695;  120  Fed.  493;  56  C.  C.  A. 
64;  afT'g  8  Am.  B.  R.  137;  114  Fed.  229. 

In  re  Thompson,  4  Am.  B.  R.  340;  102  Fed.  287. 

Bank  of  Dearborn  v.  Matney,  12  Am.  B.  R.  482;  132  Fed.  75. 

Couts  V.  Townsond,  11  Am.  B.  R.  126;  126  Fed.  249. 

Rise  V.  Bordner,  15  Am.  B.  R.  297;  140  Fed.  566. 

Amendment  of  1910  to  §  4,  not  retroactive. 


FORMS  IN  BANKETJPTCY.  33 

In  re  U.  S.  Restaurant  &  Realty  Co.  (C.  C.  A.  2nd  Cir.),  25  Am.  B.  R.  915;  187  Fed. 
118;  109  C.  C.  A.  36. 

No  jurisdiction  to  adjudicate  a  person  bankrupt,  who  was  insane  at  time  alleged 
act  of  bankruptcy  was  committed. 

In  re  Ward  (D.  C.  N.  J.),  28  Am.  B.  R.  29;   194  Fed.  174. 

See  In  re  Eisenberg  (D.  C.  N.  Y.),  8  Am.  B.  R.  551;  117  Fed.  786. 

In  re  Funk  (D.  C.  la.),  4  Am.  B.  R.  9G;  101  Fed.  244. 

In  re  Kehler  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  513;  159  Fed.  55;  86  C.  C.  A.  245; 
certiorari  denied,  212  U.  S.  573;  53  L.  Ed.  656.  (18  Am.  B.  R.  596;  153  Fed.  235 
reversed). 

Married  woman  when  engaged  in  business  on  her  own  account  or  owes  business 
obligations. 

MacDonald  v.  Teirt-Weller  Co.  et  al.,  11  Am.  B.  R.  800;  128  Fed.  381;  63  C.  C.  A. 
123.     See,  In  re  Remaley,  23  Am.  B.  R.  29. 

Infant. 

[See,  notes,  "Voluntary  Petition"]. 
[See,  "Collier  on  Bankruptcy"  (10th  ed.)  p.  124]. 

Ratification  of  debts  after  becoming  of  age,  whether  same  be  founded  in  contract 
or  tort,  hehl  sufficient  to  authorize  adjudication. 
In  re  Mandel  (Ref.  X.  Y.),  33  Am.  B.  R.  42. 

Farmers. 

Statute  should  be  construed  ordinarily  as  having  reference  to  the  conditions  exist- 
ing at  the  time  an  alleged  act  of  bankruptcy  was  committed. 

In  re  Leland  (D.  C.  Mich.),  25  Am.  B.  R.  209  and  foot  note;  185  Fed.  830. 
In  re  Hoy  (D.  C  la.),  14  Am.  B.  R.  648;  137  Fed.  175. 
In  re  Brown  (D.  C.  la.),  13  Am.  B.  R.  140;   132  Fed.  70G. 

How  question  determined. 

American  Agricultural  Chemical  Co.  v.  Brinkley,  27  Am.  B.  R.  438;  194  Fed.  411; 
114  C.  C.  A.  373. 

In  re  Dwyer  (C.  C.  A.  7th  Cir.),  25  Am.  B.  R.  913;  184  Fed.  880;  107  C.  C.  A.  204. 

In  re  Burgin  (D.  C  Ala.),  22  Am.  B.  R.  574;  173  Fed.  7-20. 

In  re  Matson  (D.  C.  Pa.),  10  Am.  B.  R.  473;  123  Fed.  743. 

Farmer  who  conducts  dairy  may  not  be  adjudged. 

Gregg  V.  .Mitchell  (C.  C.  A.  6th  Cir.),  21  Am.  B.  R.  659;  166  Fed.  725;  92  C.  C.  A. 
415. 

Nor  though  farmer  makes  a  general  assignment. 

Olive  V.  Armour  and  Co.  et  al.  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  901;  167  Fed.  517; 
93  C.  C.  A.  153. 

In  re  Johnson  (D.  C.  N.  Y.),  18  Am.  B.  R.  74;  149  Fed.  8. 

In  re  Terry  et  al.  (D.  C.  Pa.),  30  Am.  B.  R.  631;  208  Fed.  162. 

Counts  v.  The  Columbus  Buggy  Co.  et  al.,  31  Am.  B.  R.  312;  210  Fed.  748;  127 
C.  C.  A.  298. 

Applies  only  to  natural  persons,  not  corporations. 

In  re  Lake  Jackson  Sugar  Co.  (D.  C.  Tex.),  11  Am.  B.  R.  458;  129  Fed.  640. 

Partnership  engaged  in  farming  has  same  rights  as  natural  person. 

H.  D.  Still's  Sons  v.  American  Nat.  Bank,  31  Am.  B.  R.  320;  209  Fed.  749;  126 
C.  C.  A.  473. 

In  re  Duke  &  Son,  28  Am.  B.  R.  195. 


34  FORMS  IX  BANKEUPTCY. 

Wage-earner. 

A  person  giving  music  lessons  at  so  much  per  hour  not  a  wage-earner  within 
meaning  of  the  act. 

First  Nat.  Bank  of  Wilkesbarre  v.  Barnum,  20  Am.  B.  R.  439;  160  Fed.  245. 

Wage-earner  —  When  not  within  meaning  of  act. 

In  re  AVakefield  (D.  C.  Cal.),  25  Am.  B.  R.  118;  182  Fed.  247. 

Compare  In  re  Pilger,  9  Am.  B.  R.  244;  118  Fed.  206. 

Petition  should  contain  allegation  that  person  petitioned  against  is  in  neither  of 
exempted  classes.     Failure  to  do  so,  unless  raised,  deemed  waived. 

Green  River  Deposit  Bank  v.  Craig  Bros.,  6  Am.  B.  R.  381;   110  Fed.  137. 

In  re  Columbia  Real  Estate  Co.,  4  Am.  B.  R.  411;  101  Fed.  965.  In  re  Taylor  (C.  C. 
A.  7th  Cir.),  4  Am.  B.  R.  515;  102  Fed.  728;  42  C.  C.  A.  1. 

Rise  V.  Bordner,  15  Am.  B.  R.  297;  140  Fed.  566. 

Edelstein  v.  United  States  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  649;  149  Fed.  636;  79 
C.  C.  A.  328. 

Conway  v.  German  (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  577;  166  Fed.  67;  91  C.  C.  A. 
653. 

Exempt  person  who  has  incurred  debts  in  non-exempt  occupation  is  not  subject  to 
adjudication  upon  debts  incurred  while  in  tlie  exempt  occupation. 

In  re  Folkstad,  29  Am.  B.  R.  77;  199  Fed.  363. 

Partnership  as  a  private  banker. 

Burkhart  v.  German  American  Bank,  14  Am.  B.  R.  222;   137  Fed.  958. 

Unincorporated  companies. — A  fire  Lloyds  association. 
In  re  Seaboard  Fire  Underwriters,  13  Am.  B.  R.  722;  137  Fed.  987. 
A  joint  stock  association. 

In  re  Hercules  Atkin  Co.  Ltd.,  13  Am.  B.  R.  369;  133  Fed.  813. 
In  re  The  Associated  Trust,  34  Am.  B.  R.  851. 
An  ordinary  building  and  loan  association,  not  amenable  to  Act. 
In  the  Matter  of  New  York  Building  Loan  Banking  Co.  (D.  C.  N.  Y.),  11  Am.  B.  R. 
51;    127  Fed.  471- 

An  incorporated  club  for  social  intercourse,  not  amenable  to  Act. 
In  re  Fulton  Club,  7  Am.  B.  R.  670;  113  Fed.  997. 

Who  may  be  a  petitioning  creditor. 

In  re  Ryan,  7  Am.  B.  R.  502;  114  Fed.  373. 

In  re  Brown,  7  Am.  B.  R.  102;  111  Fed.  979. 

No  power  in  court  to  compel  creditors  to  become  petitioners. 

In  re  Gillette  &  Prentice,  5  Am.  B.  R.  119;  104  Fed.  769. 

What  is  necessary  in  determining  amount  of  claims  of  petitioning  creditors. 

In  re  Hughes  (D.  C.  N.  Y.),  25  Am.  B.  R.  556;  183  Fed.  872. 

When  bankrupt  entitled  to  liquidation  of  claims  of  petitioners  before  answer. 

In  re  Smith,  31  Am.  B.  R.  560;  209  Fed.  90. 

[Ed.  Note]  — As  to  whetlier  a  petitioning  creditor  must  have  been  a  creditor  at  the 
time  of  the  commission  of  tlie  alleged  act  of  bankruptcy,  authorities  are  somewhat 
divided.    The  rule  as  stated,  In  re  Ilanyan,  infra,  seems  to  be  the  correct  ruling. 

In  re  Ilanyan,  24  Am.  B.  R.  72;  180  Fed.  498;  afT'd,  24  Am.  B.  R.  954;  181  Fed. 
1021;  104  C.  C.  A.  667. 

Compare  In  re  Callison,  12  Am.  B.  R.  344;  130  Fed.  987;  aff'd,  sub  nom..  Brake  v. 
Callison  (C.  C.  A.  5th  Cir.),  11  Am.  B.  R.  797;  129  Fed.  201;  63  C.  C.  A.  359. 

In  re  Brinckmann    (D.  C.  Ind.),  4  Am.  B.  R.  551;    103  Fed.  65. 

Beers  v.  Ilanlin.  3  Am.  B.  R.  745;  99  Fed.  695. 

In  re  Stone  (D.  C.  Pa.),  30  Am.  B.  R.  392;  206  Fed.  356. 


FOKMS  IN  BANKEUPTCY.  35 

See,  as  to  assigned  claim: 

In  re  Lewis  F.  Terry  &  Whitney  Co.  (D.  C.  Mass.),  22  Am,  B.  R.  772;  172  Fed.  745. 

Creditor  having  provable  claim;  wife  of  alleged  bankrupt. 

In  re  Novak,  4  Am.  B.  R.  311;  101  F'ed.  800. 

Only  one  creditor.     In  re  Penzansky,  8  Am.  B.  R.  99. 

Stockholders.     In  re  Rollins,  etc.,  Co.,  2  N.  B.  N.  Rep.  988. 

Relative.     Perkins  v.  Dorman,  30  Am.  B.  R.  767;  206  Fed.  858. 

A  co-operative  association  extending  credit  in  violation  of"  statute  held  not  to  have 
a  provable  debt  and  not  entitled  to  be  a  petitioning  creditor. 

In  re  Wyoming  Valley  Co-operative  Association  (D.  C.  Pa.),  28  Am.  B.  R.  462;  198 
Fed.  436. 

Unliquidated  claim;  authorities  divided. 

If  provable  and  founded  on  contract. 

In  re  F.  L.  Grant  Shoe  Co.  (0.  C.  A.  2nd  Cir.),  12  Am.  B.  R.  349;  130  Fed.  881;  66 
C.  C.  A.  78;  aff'g  11  Am.  B.  R.  48;  125  Fed.  576. 

Contra.  In  re  Big  Meadows  Gas  Co.  (D.  C.  Pa.),  7  Am.  B.  R.  697;  113  Fed.  974. 
In  re  Manhattan  Ice  Co.  (D.  C.  N.  Y.),  7  Am.  B.  R.  408;  114  Fed.  400;  aff'd,  sub  nom., 
In  re  Stern  (C.  C.  A.  2nd  Cir.),  8  Am.  B.  R.  569;  116  Fed.  604;  54  C.  C.  A.  60.  In  re 
Brinckniann  (D.  C.  Ind.),  4  Am.  B.  R.  551;  103  Fed.  65.  In  re  Morales,  5  Am.  B.  R. 
425;    105    Fed.    761. 

But  otherwise  where  claim  lias  been  reduced  to  judgment. 

In  re  Putman,  27  Am.  B.  R.  923;  193  Fed.  464. 

Splitting  claims  not  allowed. 

In  re  Independent  Thread  Co.  7  Am.  B.  R.  704;  113  Fed.  998.  In  re  Tribelhorn 
(C.  C.  A.  2nd  Cir.),  14  Am.  B.  R.  491 ;  137  Fed.  3;  69  C.  C.  A.  601.  In  re  Halsey  Electric 
Generator  Co.,  20  Am.  B.  R.  738;  163  Fed.  118.  Stroheim  v.  Perry  and  Whitney  Co. 
(C.  C.  A.  1st  Cir.),  23  Am.  B.  R.  695;  175  Fed.  52;  99  C.  C.  A.  68;  aff'g  22  Am.  B.  R. 
772;  172  Fed.  745. 

Dummy  claimant  to  whom  a  claim  has  been  assigned  as  a  subterfuge  and  witliout 
consideration  not  qualified. 

In  re  Pangborn,  26  Am.  B.  R.  40;  185  Fed.  673. 

Endorser.  In  re  Gerson,  5  Am.  B.  R.  89;  105  Fed.  891;  afT"d  (C.  C.  A.  3rd  Cir.), 
6  Am.  B.  R.  11;  107  Fed.  897;  47  C.  C.  A.  49. 

In  re  Howell  (C.  C.  A.  2nd  Cir.),  32  Am.  B.  R.  572;  215  Fed.  1;   131  C.  C.  A.  309. 

Holder  of  note  not  yet  due. 

In  re  Rothenberg,  15  Am.  B.  R.  485;  140  Fed.  798. 

Plaintiff  in  an  action  for  damages. 

In  re  Crafts-Riordon  Shoe  Co.,  26  Am.  B.  R.  449;  185  Fed.  931. 

Secured  creditors. 

To  the  extent  of  their  provable  claims  in  excess  of  the  value  of  the  securities  held, 
but  only  to  such  extent. 

Emerine  v.  Tarault  (C.  C.  A.  6th  Cir.),  34  Am.  B.  R.  55;  219  Fed.  68;  134  C.  C.  A. 
606. 

Creditors  who  have  secured  voidable  preference. 

In  re  llornstcin,  10  Am.  B.  11.  30S;   122  Fed.  266. 

In  re  Herzikopf.  9  Am.  B.  R.  90;  118  Fed.  101. 

In  re  Xoroross,  1  Am.  B.  R.  644. 

In  re  Cain,  2  Am.  B.  R.  378. 

In  re  Gillette,  5  Am.  B.  R.  119;  104  Fed.  769. 

In  re  Fishblate  Clothing  Co.,  11  Am.  B.  R.  204;  125  Fed.  986. 

In  re  Vastbinder,  11  Am.  B.  R.  118;  126  Fed.  417. 

Stevens  v.  Nave-McCord  Mercantile  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  609;  150 
Fed.  71 ;  80  C.  C.  A.  25. 

In  re  :Murphy  (D.  C.  Mass.),  35  Am.  B.  R.  635;  225  Fed.  392. 


3G  FORMS  m  BANKEUPTCY. 

Creditors  holding  attachments. 

In  re  Burlington  Malting  Co.  (D.  C.  Wis.),  6  Am.  B.  R.  369;  109  Fed.  777. 

In  re  Schenkein    (D.  C.  N.  Y.),  113  Fed.  421,  rev'g  s.  c.  7  Am.  B.  R.  162. 

Contra.     In  re  Hornstein  (D.  C.  N.  Y.),  10  Am.  B.  R.  308;   122  Fed.  266. 

Furehaser  of  claim  after  filing  of  petition. 

Emerine  v.  Tarault  (C.  C.  A.  6th  Cir.),   (supra). 

Trustee  in  bankruptcy  of  a  petitioning  creditor  may  be  substituted. 

Hays  V.  Wagner  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  163;  150  Fed.  533;  80  C.  C.  A.  275. 

Subcontractor  may  not  be  a  petitioner. 

In  re  Kllis  {C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  221;  143  Fed.  103;  74  C.  C.  A.  297. 

Ta.x  collector  under  Massachusetts  statute. 

In  re  Corwin  Mfg.  Co.,  26  Am.  B.  R.  269;  185  Fed.  976. 

Who  may  be  estopped. 

Creditors  inducing  assignment. 

Clark  V.  Henne  and  Mayer  (C.  C.  A.  5th  Cir.),  11  Am.  B.  R.  583;  127  Fed.  288;  62 
C.  C.  A.  172. 

One  assenting  to,  or  receiving  benefit  luider,  general  assignment,  may  not  be  peti- 
tioning creditor. 

Moulton  V.  Coburn  (C.  C.  A.  1st  Cir.),  12  Am.  B.  R.  553;  131  Fed.  201;  66  C.  C.  A. 
90;  affg  In  re  Coburn,  11  Am.  B.  R.  212. 

Durham  Paper  Co.  v.  Seaboard  Knitting  Mills,  10  Am.  B.  R.  29;  121  Fed.  179. 

See,  In  re  Curtis  (C.  C.  A,  7th  Cir.),  2  Am.  B.  R.  226;  94  Fed.  630;  36  C.  C.  A.  430. 

Simonson  v.  Sinsheimer  (C.  C.  A.  6th  Cir.),  3  Am.  B.  R.  824;  100  Fed.  426;  40 
C.  C.  A.  474.  In  re  Commonwealth  Lumber  Co.  (D.  C.  Wash.),  35  Am.  B.  R.  202;  223 
Fed.  667. 

In  re  Weedman  Stave  Co.   (D.  C.  Ark.),  29  Am.  B.  R.  460;   199  Fed.  948. 

In  re  Gold  Run  Mining  and  Tunnel  Co.  (D.  C.  Col.),  29  Am.  B.  R.  563;  200  Fed.  162. 

Strolieim  v.  Perry  and  Whitney  Co.  (supra). 

C^orporation  creditor  may  not  be  estopped  because  an  officer  of  said  corporation  in 
his  individual  capacity  acted  as  the  assignee. 

In  re  Winston,  10  Am.  B.  R.  171;  122  Fed.  187. 

Creditor  and  officer  of  a  corporation  •who  has  caused  alleged  act  of  bankruptcy 
may  not. 

In  re  Taylor  House  Association,  31  Am.  B.  R.  727;  209  Fed.  924. 

Utz  and  Dunn  Co.  v.  Regulator  Co.,  32  Am.  B.  R.  167;  213  Fed.  315. 

Despres  et  al.  v.  Galbraith,  32  Am.  B.  R.  170;  213  Fed.  190. 

Right  of  petitioning  creditor  to  withdraw. 

^\'hcn  creditor  has  used  the  machinery  of  the  court  and  obtained  a  settlement  of 
his  claim  he  cannot  withdraw  from  the  proceeding. 

In  re  Beddingfield,  2  Am.  B.  R.  355;  96  Fed.  190. 

A  creditor  who  has  joined  under  a-  misunderstanding  of  fact  may  be  permitted  to 
withdraw  as  a  petitioning  creditor. 

Moulton  v.  Coburn  (supra). 

Frame  of  petition. 

May  set  fortli  several  and  distinct  acts  of  bankruptcy. 

Bradley  Timber  Co.  v.  White,  10  Am.  B.  R.  329;  121  Fed.  779;  58  C.  C.  A.  55;  afT'g 
9  Am.  B.  R.  441. 

Nature  of  petitioner's  claims. 

In  re  White.  14  Am.  B.  R.  241;  135  Fed.  199. 

Conway  v.  German  (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  577;  106  Fed.  67;  91  C.  C.  A. 
653. 


FORMS  IX  BANKEUPTCY.  37 

Agent's  authorit}'  shoiild  be  sot  forth. 
In  re  Levingston,  13  Am.  B.  R.  357. 

Petition  should  not  be  disjunctive  in  form  as  to  statutory  averments. 
Jn  re  Laskaris  (D.  C.  X.  Y.),  1  Am.  B.  R.  480. 

Petition  should  set  forth  facts,  not  legal  conclusions,  which  should  be  alleged  affirm- 
atively and  distinctly. 

In  re  Plotke,  5  Am.  B,  R.   171;   104  Fed.  964;  44  C.  C.  A.  282. 

Sufficiency  of. —  The  caption  no  essential  part. 

In  re  Gorman,  15  Am.  B.  R.  587. 

Petition  must  allege  that  debtor  owes  at  least  $1,000  to  confer  jurisdiction. 

Taft  Co.  V.  Century  Sav.  Bank  (C.  C.  A.  8th  Cir.),  15  Am.  B.  K.  594;  141  Fed.  369; 
72  C  C.  A.  671. 

Insufficient  allegation  of  preference. 

In  re  Pure  Milk  Co.,  18  Am.  B.  R.  735;  154  Fed.  682. 

In  re  Tupper  (D.  C.  N.  Y.),  20  Am.  B.  R,  824;   163  Fed.  766. 

In  re  Flint  Hill  Stone  and  Construction  Co.,  18  Am.  B.  R.  81;  149  Fed.  1007. 

General  averments  of  acts  of  bankruptcy,  insufficient. 

In  re  Hallin,  28  Am.  B.  R.  708;  199  Fed.  806. 

In  re  Sig.  H.  Rosenblatt  &  Co.  (C.  C.  A.  2nd  Cir.),  28  Am.  B.  R.  401;  193  Fed.  638; 
113  C.  C.  A.  506. 

In  re  Bellah,  8  Am.  B.  R.  310;   116  Fed.  69. 

In  re  Deer  Creek  Water  &  Water  Power  Co.,  29  Am.  B.  R.  356;  205  Fed.  205. 

In  re  R.  L.  Radke  Co.,  27  Am.  B.  R.  950;  193  Fed.  735. 

In  re  Truitt  (D.  C.  Md.),  29  Am.  B.  R.  570;  203  Fed.  550. 

In  re  Farthing,  29  Am.  B.  R.  732;  202  Fed.  557. 

Allegations  of  acts  of  bankruptcy  must  be  based  on  something  more  than  rumor, 
hearsay  or  suspicion. 

In  re  Blumberg,  13  Am.  B.  R.  343;  133  Fed.  845. 

In  re  Mero,  12  Am.  B.  R.  171;   128  Fed.  030. 

Essential  to  allege  "  insolvency  at  time  of  transfer." 

In  re  Hammond  (D.  C.  X.  Y".),  20  Am.  B.  R.  776;  163  Fed.  548. 

Where  a  petition  shows  upon  its  face  and  there  is  established  upon  the  trial  a 
sufficient  petitioning  creditor,  the  absence  in  the  petition  of  a  statement  of  tlu-  amount 
claimed  by  sucli  petitioning  creditor  may  be  disregarded. 

In  re  Pangborn,  26  Am.  B.  R.  40;  185  Fed.  673. 

Sabin  v.  Blake-McFall  Co,  (C.  C.  A.  9th  Cir.),  35  Am.  B.  R.  179;  223  Fed.  501;  139 
C.  C.  A.  49. 

Prayer  for  adjudication. 

In  re  Wing  Yick  Co.,  13  Am.  B.  R.  757. 

Material  allegations  in  petition  held  privileged  as  against  libel  charge. 

Rosenberg  v.  Dworetsky  (N.  Y.  Sup.  Ct.),  24  Am.  B.  R.  583;  139  App.  Div.  (N.  Y.) 
517;   124  X.  Y.  Supp.  191. 

Verification  of  petition. 

In  re  Brunielkamp,  2  Am.  B.  K.  318;  95  Fed.  814. 
In  re  Ball  (D.  C.  N.  Y.),  19  Am.  B.  R.  609;  156  Fed.  682. 
By  attorney. 

In  re  Vastbinder,  11  Am.  B.  R.  118;  126  Fed.  417. 
In  re  Hunt,  9  Am.  B.  R.  251 ;  118  Fed.  282. 
In  re  Herzikopf,  9  Am.  B.  R.  90;  118  Fed.  101. 

In  re  Levingston,  13  Am.  B.  R.  357.  Rogers  v.  De  Sota  Placer  Mining  Co.  (C.  C  A. 
9th  Cir.),  14  Am.  B.  R.  252;  136  Fed.  407;  69  C.  C.  A.  251. 


38  FORMS  IX  BANKRUPTCY. 

In  re  Giequasset  Lumber  Co.,  7  Am.  B.  E.  87;  112  Fed.  56. 

"According  to  the  best  of  knowledge,  information  and  belief  "  held  defective  in 
North  Carolina,  but  not  jurisdictional,  so  may  be  amended. 

In  re  Farthing,  29  Am.  B.  R.  732;  202  Fed.  557. 

Sabin  v.  Blake-McFall  Co.  (C.  C.  A.  9th  Cir.),  35  Am.  B.  R.  179;  223  Fed.  501;  139 
C.  C.  A.  49. 

Signing  and  verifying  by  attorney;  requisites  and  practice. 

In  re  Miles  Paint  Mfg.  Co.  (D.  C,  Pa.),  32  Am.  B.  R.  794. 

May  be  verified  in  New  York  before  commissioner  of  deeds. 

In  re  Morse,  32  Am.  B.  R.  207;  210  Fed.  900. 

Defect  not  jurisdictional  and  answering  on  merits  waives. 

Leidigh  Carriage  Co.  v.  Stengel,  2  Am.  B.  R.  383;  95  Fed.  637.  Simonson  v.  Sins- 
heimer  (C.  C.  A.  6th  Cir.),  95  Fed.  948;  37  C.  C.  A.  337. 

No  abuse  of  discretion  to  allow  amendment. 

Armstrong  v.  Fernandez  (U.  S.  Sup.),  19  Am.  B.  R.  740;  208  U.  S.  324;  52 
L.  Ed.  514. 

Effect  of  filing  petition. — "  Caveat  to  all  the  world." 

State  Bank  of  Chicago  v.  Cox  (C.  C.  A.  7th  Cir.),  16  Am,  B.  R.  32;  143  Fed.  91;  74 
C,  C.  A.  285. 

In  re  Billing,  17  Am.  B.  R.  80;  145  Fed.  395. 

In  re  Lutfy,  19  Am.  B.  R.  614;  156  Fed.  873. 

Phenix  Nat.  Bank  v.  Waterbury  (N.  Y.  Sup.  Ct.),  20  Am.  B.  R.  140;  123  App.  Div. 
(N.  Y.)  453;  108  N.  Y.  Supp.  391. 

Bank  not  having  actual  notice  of  the  filing  of  the  petition  not  liable  for  checks  paid 
out  after  the  time  of  such  filing. 

In  re  Zotti  (C.  C.  A.  2nd  Cir.),  26  Am.  B.  R.  234;  186  Fed.  84;  108  C.  C.  A.  196; 
aflf'g  23  Am.  B.  R.  812;  178  Fed.  304;  certiorari  denied.     223  U.  S.  718;  56  L.  Ed.  628. 

Acts  of  Bankruptcy. 

Fraudulent  transfers,  Sec.  3-a  (1). 

Transfer  of  corporation's  income  to  stockholder. 

In  re  R.  L.  Radke  Co.  (D.  C.  Cal.),  27  Am.  B.  R.  950;  193  Fed.  735. 

In  re  Larkin,  21  Am.  B.  R.  711;   168  Fed.  100. 

General  averments  insufficient. 

In  re  Rosenblatt  &  Co.  (C.  C.  A.  2nd  Cir.),  28  Am.  B.  R.  401;  193  Fed.  638;  113 
C.  C.  A.  506. 

In  re  Brockton  Ideal  Shoe  Co.  (C.  C.  A.  2d  Cir.),  29  Am.  B.  R.  840;  202  Fed.  199; 
120  C.  C.  A.  447. 

In  re  Condon  (C.  C.  A.  2nd  Cir.),  31  Am.  B.  R.  754;  209  Fed.  800;  126  C.  C.  A.  524. 

In  re  White  (D.  C.  Pa.),  14  Am.  B.  R.  241;   135  Fed.  199. 

Concealment  of  property.     Sec.  3-a  (1). 

Sufficiency  of  petition. 

In  re  Clazicr,  28  Am.  B.  R.  391;  195  Fed.  1020. 

In  re  Shoesmitli  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  645;  135  Fed.  684;  68  C.  C.  A.  322. 

In  re  Hark  Bros.  (D.  C.  Pa.),  14  Am.  B.  R.  400. 

When  the  evidence  establishes  the  fact  that  a  debtor  has  mortgaged  his  property 
with  intent  to  hinder  and  delay  his  creditor  the  burden  of  proving  his  solvency  rests 
upon  him. 

Louisiana  Nat.  Life  Ass.  Soe.  v.  Segen  (D.  C.  La.),  28  Am.  B.  R.  407;  196  Fed.  903. 


FOEMS  12^  BANKRUPTCY.  39 

Transferred,  while  insolvent,  any  portion  of  his  property  to  one  or  more  of  his 
creditors  with  intent  to  prefer  such  creditors  over  his  other  creditors.     Sec.  3-a  (2). 

In  re  London   (C  C  A.  2nd  C'ir.),   (supra). 

Jones  V.  Aug.  Wright  Co.  (C.  C.  A.  4th  Cir.),  25  Am.  B.  R.  947;  184  Fed.  987;  106 
C.  C.  A.  665. 

Pollock  V.  Simon  (D.  C.  Pa.),  30  Am.  B.  R.  390;  205  Fed.  1005. 

In  re  Pangborn,  26  Am.  B.  R.  40;   185  Ft-d.  673. 

Execution  of  a  trust  mortgage  within  four  months  held  to  constitute. 

Rouse  V.  Ottenwess  and  Huxoll  (C.  C.  A.  6th  C'ir.),  31  Am.  B.  R.  115;  208  Fed.  881; 
126  C.  C.  A.  90. 

See,  In  re  Ottenwess,  27  Am.  B.  R.  579. 

Payments  in  small  amounts  in  the  usual  course  of  business  are  not  deemed 
preferences. 

In  re  Columbia  Real  Estate  Co.,  30  Am.  B.  R.  471  (and  foot  note)  ;  205  Fed.  980. 

A  voluntary  assignment  of  all  the  assets  of  a  partnership  by  one  partner  though 
not  participated  in  by  other  2>artners  is  an  act  of  bankruptcy  for  which  tlie  firm  may 
be  adjudicated. 

Youngbluth  v.  Slipper  et  al.  (C.  C.  A.  0th  Cir.),  26  Am.  B.  R.  265;  185  Fed.  773; 
108  C.  C.  A.  106. 

Insufficient  allegations. 

Conway  v.  German  (C.  C.  A.  4tli  Cir.),  21  Am.  B.  R.  577;  166  Fed.  67;  91  C.  C.  A. 
653. 

In  re  Stone  (D.  C.  Pa.),  30  Am.  B.  R.  392;  206  Fed.  356. 

Intent. 

Allegation  of,  necessary. 

In  re  Hammond   (D.  C.  K  Y.),  20  Am.  B.  R.  776;   163  Fed.  548. 
In  re  Smith   (D.  C.  N.  ¥.),  23  Am.  B.  R.  864;   176  Fed.  426. 

Amount  of  the  payment  makes  no  difference  if  the  requisite  intent  existed;  but  it 
does  make  a  difference  in  determining  whether  or  not  the  intent  did  e.xist. 
In  re  Perlhefter  &  Shatz  (D.  C.  N.  Y.),  25  Am.  B.  R.  576;  177  Fed.  299. 
Proof  of  unnecessary  unless  insolvency  be  shown  at  time  of  transfer. 
In  re  Kassel  (C.  C.  A.  2nd  Cir.),  28  Am.  B.  R.  2.33;   195  Fed.  492;  115  C.  C.  A.  402. 
Preference  first  brought  out  at  a  subsequent  reference,  when  may  not  be  used  as 
an  act  of  bankruptcy. 

In  re  Perlhefter  &  Shatz   (supra). 

"Permitting  preferences  through  legal  proceedings."     Sec.  3-a  (3). 

Failure  to  vacate  a  preference  resulting  from  judgment  levy  and  sale  is  an  act  of 
bankrujjtcy  even  though  the  judgment  debtor  is  a  corporation  and  defended  in  good  faith, 
l>rovided  such  corporation  was  insolvent  five  days  before  the  day  set  for  the  sale. 

In  re  Rung  Furniture  Co.  (C.  C.  A.  2nd  Cir.),  14  Am.  B.  R.  12;  139  Fed.  526;  71  C. 
C.  A.  342;  aff'g  10  Am.  B.  R.  44. 

Computation  of  time  for  comph'tion  of  such  act  of  l)ankrnptoy:  wlicn  ])('tition 
prematurely  filed. 

Pittsbirrgh  Laundry  Supply  Co.  v.  imi)erial  Laundry  Co.  (C.  C.  A.  3rd  Cir.),  IS  Am. 
B.  R.  756;  154  Fed.  662;  83  c' C.  A.  486. 

In  re  Nusbaum,  18  Am.  B.  R.  598;  152  Fed.  835. 

In  re  Xat.  Hotel  and  Cafe  Co.,  15  Am.  B.  R.  69;  138  Fed.  947. 

Levy  of  an  execution  against  a  partnership.  Faihu'e  to  diseharge  levy  constitutes 
nn  act  of  bankruptcy  by  all  the  members. 

Holmes  v.  Baker  and  Hamilton  (C.  C.  A.  9th  Cir.),  20  Am.  B,  R.  252;  160  Fed.  922; 
88  C.  C.  A.  104. 


40  FORMS  IN  BANKRUPTCY. 

Sale  under  distress  for  reut  may  not  constitute  an  act  of  bankruptcy. 

Richmond,  etc.,  Co.  v.  Allen  (C.  C.  A.  4tli  Cir.j,  17  Am.  B.  H.  583;  148  Fed.  657;  78 
C.  C.  A.  389. 

A  creditor's  petition  wliich  merely  alleges  that  an  attachment  has  been  made  upon 
property  of  the  alleged  bankrupt  in  a  legal  proceeding  against  him  does  not  set  forth  an 
act  of  bankruptcy  within  the  meaning  of  this  section. 

In  re  Vetterman  (D.  C.  X.  H.),  14  Am.  B.  R.  245;  135  Fed.  448. 

"  Final  disposition,"  meaning  of. 

In  re  Tupper  (D.  C.  N.  Y.),  20  Am.  B.  R.  824;  163  Fed.  766. 

In  re  Fineman  (D,  C.  Pa.),  34  Am.  B.  H.  245;  223  Fed.  652. 

In  re  Windt  (D.  C.  Conn.),  24  Am.  B.  R.  536;  177  Fed.  584. 

See,  Citizens  Banking  Co.  v.  Ravenna  Xat.  Bank  (U.  S.  Sup.),   (infra). 

Lien  obtained  beyond  four  months'  period  and  enforced  -within  said  period. 

Colston  V.  Austin  Run  Mining  Co.,  28  Am.  B.  R,  92;  194  Fed.  929;  114  C.  C.  A.  565. 

"  Legal  proceedings." 

Include  attachment. 

In  re  Putnam  (D.  C.  Cal.),  27  Am.  B.  R.  923;  193  Fed.  464;  aff'd,  Folger  v.  Putnam, 
28  Am.  B.  R.  173;  194  Fed.  793;   114  C.  C.  A.  513. 

Confession  of  judgment. 

In  re  Truitt,  29  Am.  B.  R.  570;  203  Fed.  550. 

Failure  to  vacate  invalid  levy  on  mortgagor's  equity  of  redemption  under  Mis- 
souri law. 

In  re  Moark-Xemo  Cons.  Mining  Co.,  34  Am.  B.  R.  201;  219  Fed.  340. 

Sufliciency  of  petition  under  clause  (3)  of  Sec.  3-a;  must  allege  the  issuance  of 
an  execution  upon  the  judgment  or  of  the  levying  thereof  upon  any  property  of  the 
judgment  debtor  and  as  to  proposed  sale. 

An  averment  couched  in  the  very  general  language  of  the  statute  presents  no 
triable  issue  and  is  therefore  insufficient. 

In  re  Pressed  Steel  Wagon  Goods  Co.  (D.  C.  Mich.),  27  Am.  B.  R.  44;  193  Fed.  811. 

In  re  Vastbinder   (D.  C.  Pa.),  11  Am.  B.  R.  118;   126  Fed.  417. 

In  re  Rome  Planing  Mills  (D.  C.  X.  Y.),  3  Am.  B.  R.  123;  96  Fed.  812. 

Seaboard  Steel  Casting  Co.  v.  Wm.  R.  Trigg  Co.  (D.  C.  Va.),  10  Am.  B.  R.  594; 
124  Fed.  75. 

Failure  to  vacate  attachment. 
Law  stated  by  the  Supreme  Court. 

Citizens  Banking  Co.  v.  Ravenna  Xat.  Bank,  32  Am.  B.  R.  477;  234  U.  S.  360;  58 
L.  Ed.  1352. 

Rev'g  and  answering  questions  certilied. 

Ravenna  Xat.  Bank  v.  Curtiss,  30  Am.  B.  R.  818;  202  Fed.  892;  121  C.  C.  A.  250. 

Sale  on  foreclosure  subject  to  confessed  judgment. 

In  re  Fisher,  33  Am.  B.  R.  628;  219  Fed.  638. 

General  assignment  for  benefit  of  creditors.     Sec.  3-a  (4). 

Construed  in  generic  sense. 

In  re  Tomlinson  Co.  et  al.  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  691;  154  Fed.  834;  83 
C.  C.  A.  550. 

Coupled  with  voluntary  dissolution  of  a  corporation,  an  act  of  bankruptcy. 

In  re  Bennett  Shoe  Co.  (D.  C.  Conn.),  15  Am.  B.  R.  497;   140  Fed.  687. 

^^^lat  constitutes  a  general  assignment  for  benefit  of  creditors. 

Courtenay  Mercantile  Co.  v.  Finch  et  al.  (C.  C.  A.  8th  Cir.),  27  Am.  B.  R.  688;  194 
Fed.  368;  114  C.  C.  A.  328. 

In  re  Courtenay  Mercantile  Co.,  26  Am.  B.  R.  365;   186  Fed.  352. 


FOEMS  IN  BANKRUPTCY.  41 

See,  Griffen  v.  Button  (C.  C.  A.  1st  Cir.),  21  Am.  B.  R.  449;  1G5  Fed.  626;  91  C. 
C.  A.  614. 

Canner  v.  Webster- Tapper  Co.,  21  Am.  B.  R.  872;  168  Fed.  519;  93  C.  C.  A.  541. 

In  re  Heleker  Bros.  Mercantile  Co.,  33  Am.  B.  R.  503;  216  Fed.  963. 

Conveyance  in  trust  for  benetit  of  creditors  though  without  preferences  an  act  of 
bankruptcy. 

In  re  Salmon  and  Salmon,  16  Am.  B.  R.  122;  143  Fed.  395. 

May  be  made  without  a  formal  deed  of  assignment. 

In  re  Bennett  Shoe  Co.  {supra). 

An  act  of  bankruptcy  irrespective  of  fraudulent  intent  or  solvency  or  insolvency. 

Gill  V.  Farmers'  &  Manufacturers'  Bank,  35  Am.  B.  R.  91;  176  S.  W.  1111. 

Essential  allegations  as  to  giving  of  mortgage. 

In  re  Flint  Hill  Stone  and  Construction  Co.,  18  Am.  B.  R.  81;   149  Fed.  1007. 

When  act  charged  is  the  making  of  a  general  assignment  it  is  not  necessary  that 
insolvency  be  alleged  or  proved,  nor  is  solvencj^  a  defense. 

In  re  Farthing,  29  Am.  B.  R.  732  and  foot  note;  202  Fed.  557. 

In  re  Richardson  (D.  C.  Mass.),  27  Am.  B.  R,  590;   192  Fed.  50. 

Corbett  v.  Riddle,  31  Am.  B.  R.  330;  209  Fed.  811;   126  C.  C.  A.  535. 

West  Co.  V.  Lea  Bros  &  Co.,  2  Am.  B.  R.  463;  174  U.  S.  590;  43  L.  ed.  1098. 

Clark  V.  Henne  and  Meyer  et  al.  (C.  C.  A.  5th  Cir.),  11  Am.  B.  R.  583;  127  Fed.  288; 
62  C.  C.  A.  172. 

In  re  Broadway  Savings  Trust  Co.  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  254;  152  Fed. 
152;  81  C.  C.  A.  58. 

In  re  Tupper,  20  Am.  B.  R.  824;  163  Fed.  766. 

In  re  Ball,  19  Am.  B.  R.  609;   156  Fed.  682. 

Mills  V.  J.  H.  Fisher  and  Co.,  20  Am.  B.  R.  237;  159  Fed.  897;  87  C.  C.  A.  77. 

Hartman  v.  John  Peters  and  Co.,  17  Am.  B.  R.  61;   146  Fed.  82. 

Application  for  voluntary  dissolution  by  a  corporation  in  State  court  is  not  an 
act  of  bankruptcy. 

In  re  Empire  Metallic  Bedstead  Co.  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  575-  98  Fed. 
981;  39  C.  C.  A.  372;  aff'g,  s.  c.  2  Am.  B.  R.  329. 

See,  In  re  Harper  and  Bros.,  3  Am.  B.  R.  804;  100  Fed.  266. 

Nor  by  a  partnership. 

Boyd  V.  Boyd  Fry  Stove  and  China  Co.,  20  Am.  B.  R.  330. 

In  ro  Federal  Lumber  Co.,  26  Am.  B.  R.  438;  185  Fed.  926. 

In  re  Meyer  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  559;  98  Fed.  976;  39  C.  C.  A.  368. 

Appointment  of  receiver.     Sec.  3-a  (4). 

Since  amendment  of  1903  a  receivership  is  not  an  act  of  bankruptcy  imless  it  was 
procured  upon  the  application  of  the  insolvent  himself  while  insolvent  and  does  not 
make  the  putting  of  a  receiver  in  charge  of  the  property  of  an  insolvent  an  act  of 
bankruptcy  unless  by  reason  of  insolvency. 

In  re  Spalding  (C.  C.  A.  2nd  Qr.),  14  Am.  B.  R.  129;  139  Fed.  244;  71  C.  C.  A. 
370;  rev'g  s.  c.  13  Am.  B.  R.  223. 

See,  Blue  :Mountain  Iron  and  Steel  Co.  v.  Portncr  (C.  C.  A.  4th  Qr.),  12  Am.  B.  R. 
559;    131  Fed.  57;  65  C.  C.  A.  295;  certiorari  denied  in,  195  U.  S.  636;  49  L.  ed.  355. 

Appointment  iinder  general  equity  powers  of  the  court  not  an  act  of  bankruptcy. 

Zugalla  V.  International  Mercantile  Agency  (C.  C.  A.  3rd  Cir.),  16  Am.  B.  R.  67; 
142  Fed.  927;  74  C.  C.  A.  97;  rev'g,  13  Am.  B.  R.  725. 

In  re  Edward  Ellsworth  Co.,  23  Am.  B.  R.  284;  173  Fed.  699. 

What  sufficient  to  bring  within  section. 

Hooks  V.  Aldridge  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  658;  145  Fed.  865;  76  C.  C.  A. 
409. 


42  FORMS  IN  BANKRUPTCY. 

In  re  Pickens  Mfg.  Co.  (D.  C.  Ga.),  20  Am.  B.  R.  202;  158  Fed.  894. 

In  re  Belfast  Mesh  Underwear  Co.  (D.  C.  Conn.),  18  Am.  B.  R.  620;   153  Fed.  224. 

In  re  Douglass  Coal  and  Coke  Co.,  12  Am.  B.  R.  539;  131  Fed.  769. 

Beatty  v.  Anderson  Coal  Mine  Co.  (In  re  Beatty),  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R. 
738;   150  Fed.  293;  80  C.  C.  A.  181. 

In  re  Kennedy  Tailoring  Co.  (D.  C.  Tenn.),  23  Am.  B.  R.  656;   175  Fed.  871. 

Hill,  Receiver  v.  Western  Electric  Co.  et  al.  (C.  C.  A.  6th  Cir.),  32  Am.  B.  R.  332; 
214  Fed.  243;   130  C.  C.  A.  613;  atf'g,  In  re  Rankin,  32  Am.  B.  R.  45;   210  Fed.  529 

In  re  Wenatchee  Heights  Orchard  Co.  (D.  C.  Wash.),  30  Am.  B.  R.  401;  204  Fed. 
674. 

In  re  Maplecroft  Mills  (C.  C.  A.  4th  Cir.),  35  Am.  B.  R.  311;  226  Fed.  415;  rev'g 
s.  c.  33  Am.  B.  R.  815;  218  Fed.  659. 

Fraudulently  procuring  appointment  of  receiver. 

In  re  Muir,  31  Am.  B.  R.  528;  212  Fed.  495. 

See,  James  Supply  and  Hardware  Co.  v.  Dayton  Coal  and  Iron  Co.  Ltd.  (C.  C.  A. 
6th  Cir.),  34  Am.  B.  R.  649;  223  Fed.  991;  139  C.  C.  A.  367. 

Allegation  of  insolvency  — •  when  held  insufficient. 

Butler  &  Co.,  Inc.  v.  Palmenberg  (C,  C.  A.  1st  Cir.),  30  Am.  B.  R.  502;  207  Fed- 
705;   125  C.  C.  A.  223. 

When  sufficient. 

Exploration  ^lercantile  Co.  v.  Pacific  Hardware  &  Steel  Co.  (C.  C.  A.  9th  Cir.),  24 
Am.  B.  R.  216;  177  Fed.  825;  101  C.  C.  A.  39. 

Doyle-Kidd  Dry  Goods  Co.  v.  Sadler-Lusk  T.  Co.,  30  Am.  B.  R.  604:  206  Fed.  813. 

In  re  Valentine  Bohl  Co.  (C.  C.  A.  2nd  Cir.),  34  Am.  B.  R.  855;  224  Fed.  685;  140 
C.  C.  A.  225. 

A  petition  which  charges  that  a  corporation  while  insolvent  consented  to  the 
appointment  of  a  receiver  does  not  charge  an  act  of  bankruptcy  since  same  is  not  tan- 
tamount to  "applying  for  a  receiver"  under  Sec.  3-a  (4)  of  Act. 

In  re  Gold  Mining  and  Tunnel  Co.   (D.  C.  Col.),  29  Am.  B.  R.  563;  200  Fed.  162. 

Appointment  of  receiver  by  State  court  not  presumptively  on  the  ground  of 
insolvency, 

Schumert  &  Warfield,  Ltd.  v.  Security  Brewing  Co.  (D.  C.  La.),  28  Am.  B.  R.  676; 
199  Fed.  358. 

Evidence  aliunde. 

In  re  Edward  Ellsworth  Co.  (D.  C.  N.  Y.),  23  Am.  B.  R.  284;   173  Fed.  699. 

In  re  Muir  (D.  C.  Pa.),  (supra). 

Four  months  period.     Sec.  3-b. 

The  date  of  an  amendment  to  a  defective  involuntary  petition  must  be  taken  as 
the  date  from  which  the  four  months'  period  of  Sec.  3-b  is  to  be  computed. 

In  re  Condon  (C.  C.  A.  2nd  Cir.),  31  Am.  B.  R.  754;  209  Fed.  800;  126  C.  C.  A. 
524;  aff'g,  s.  c.  29  Am.  B.  R.  907. 

In  re  Perlhefter  and  Shatz  (D.  C.  X.  Y.),  25  Am.  B.  R.  576;   177  Fed.  299. 

What  constitutes  notorious,  e.vclusive  or  continuous  possession  of  property  required 
by  Sec.  3-b. 

Jones  v.  Coates  (C.  C.  A.  8th  Cir.).  28  Am.  B.  R.  249;  196  Fed.  860;  116  C.  C.  A.  422. 

In  re  Bogen,  13  Am.  B.  R.  529;  134  Fed.  1019. 

In  r«  Woodward,  2  Am.  B.  R.  233;  95  Fed.  260. 


FOEMS  IX  BAXKEUPTCY.  43 

FORM  No.  8. 

INVOLUNTARY    PETITION    AGAINST    A    CORPORATION. 

To  the  Honorable , 

Judge  of  the  District  Court  of  the  United  States: 

for  the District  of : 


The  petition  of ,  of  the  City  of   ,  and 

of ,  of  the  City  of ,  and  of   

,  of  the  City  of ,  respectfully  shows  : 

Fir^L     That   ,  is  a  monied,  Ijusiness  or  commercial 

corporation  organized  under  and  pursuant  to  the  laws  of  the  State  of 

,  and  is  not  a  municipal,  railroad,  insurance  or  banking  corporation 

and  is  principal!}^  engaged  in and  that  it  has  for  the 

greater  portion  of  the  six  months  next  preceding  the  date  of  the  filing  of  this 

petition  had  its  principal  place  of  business  in  the  City  of 

State  and  District  aforesaid,  and  owes  delfts  to  the  amount  of  one  thousand 
dollars  and  upwards,  and  is  insolvent,  and  is  neither  a  wage-earner  nor  a 
person  engaged  principally  in  farming  or  the  tillage  of  the  soil. 

Second.    That  your  j^etitioners  are  creditors  of  the  said , 

having  provaljle  claims  against  him  amounting  in  the  aggregate  in  excess 
of  securities  held  by  them  to  the  sum  of  five  hundred  dollars;  that  none  of 
your  petitioners  is  entitled  to  priority  of  payment  of  his  said  claim  within 
the  meaning  of  Section  6-t  (b)  of  the  United  States  Bankruptcy  Act  and 
amendments  thereof,  nor  has  any  of  your  petitioners  received  a  preference 
within  the  meaning  of  Section  60  (a)-fb)  of  such  law  as  amended. 

Third.     That  the  nature  and  amount  of  your  petitioners'  claims  are  as 
follows : 

:  The  claim  of  petitioner  is  for :    

[Here  set  forth  fully  as  to  amount,  consideration,  etc.] 
of  which  no  part  has  been  paid  though  duly  demanded. 

:  The  claim  of  petitioner  is  for : 

of  which  no  part  thereof  has  been  paid  though  duly  demanded. 

; :  The  claim  of  petitioner  is  for : 

of  which  no  part  thereof  has  been  paid  though  duly  demanded. 

And  your  petitioners  represent  that  the  said , 

while  insolvent,  and  within  four  months  next  preceding  the  date  of  this  peti- 
tion  ,  committed  an  act  of  bankruptcy  in  that  it  did 

heretofore,  to  wit: 

[Here  set  forth  act  or  acts  specifically,  giving  facts  bringing  under  Sec.  S-a.] 


44  FOEMS  IX  BAXKEUPTCY. 

A\Tierefore,  your  petitioners  pray  that  service  of  this  petition  with  a  subpoena 

may  be  made  upon  the  said ,  as  provided  in  the  Acts  of 

Congress  relating  to  bankruptcy  and  that  it  may  be  adjudged  a  bankrupt 

within  the  purview  of  said  Acts. 

Dated,   ,  ,  19.... 


Petitioners. 


A  ttorney  for  Petitioners. 
Office  and  Post  Office  Address, 


[Verification  as  in  Form  Xo.  7.] 

NOTES. 

Allegation  of  nature  of  business  in  an  involuntary  petition  is  not  jurisdictional 
and  may  be  corrected  by  amendment. 

In  re  Broadway  Savings  Trust  Co.  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  254;  152  Fed. 
152;  SI  C.  C.  A.  58. 

Principal  place  of  business.— In  re  Brice,  2  Am.  B.  R.  197;  93  Fed.  942. 

Dressel  v.  North  State  Lumber  Co.,  5  Am.  B.  R.  744;  107  Fed.  255.  In  re  Magid- 
Hope  Silk  Mf'g  Co.,  6  Am.  B.  R.  610;  110  Fed.  352.  In  re  Elmira  Steel  Co.,  5  Am. 
B.  R.  484;  109  Fed.  456.  In  re  Marine  Machine,  etc.,  Co.,  1  Am.  B.  R.  421;  91  Fed.  630. 
In  re  Plotke  (C.  C.  A.  7th  Cir.),  5  Am.  B.  R.  171;  104  Fed.  964;  44  C.  C.  A.  282.  In  re 
Mackey,  6  Am.  B.  R.  577;  110  Fed.  355.  In  re  Duplex  Radiator  Co.,  15  Am.  B.  R.  324; 
142  Fed.  906.  Tiffany  v.  LaPlume  Condensed  Milk  Co.,  15  Am.  B.  R.  413;  141  Fed.  444. 
In  re  Mathews  Consolidated  Slate  Co.  (C.  C.  A.  1st  Cir.),  16  Am.  B.  R.  407;  144  Fed.  737; 
75  C.  C.  A.  603;  aff'g,  16  Am.  B.  R.  350;  144  Fed.  724.  In  re  Munger  Vehicle  Tire  Co., 
(C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  785;  159  Fed.  901;  87  C.  C.  A.  81. 

Home  Powder  Co.  v.  Geis,  29  Am.  B.  R.  580:  204  Fed.  568;   123  C.  C.  A.  94. 

In  ro  Tygarts  River  Coal  Co.,  30  Am.  B.  R.  183;  203  Fed.  178. 

In  re  Tennessee  Construction  Co.,  32  Am.  B.  R.  405;  213  Fed.  33;  129  C.  C.  A. 
627;  afl'g,  31  Am.  B.  R.  67;  207  Fed.  203. 

In  re  Perry  Aldrich  Co.  (D.  C.  Mass.),  21  Am.  B.  R.  244;  165  Fed.  249. 

Articles  of  incorporation  not  controlling. 

In  re  Beicrmeister  Bros.  Co.   (1).  C.  N.  Y.).  31  Am.  B.  R.  474;  208  Fed.  94.5. 

In  re  Wenatchee,  etc.,  Orchard  Co.  (D.  C.  Wash.),  30  Am.  B.  R.  540;  205  Fed.  964. 

A  question  of  fact. 

In  re  Pennsylvania  Consol.  Coal  Co.,  20  Am.  B.  R.  872;  163  Fed.  579. 

In  re  E.  and  fi.  Theater  Co.,  35  Am.  B.  R.  255;  223  Fed.  657. 

Filing  of  certificate  does  not  make  or  constitute  principal  place  of  business. 
In  re  Thomas  McNally  Co.  (D.  C.  N.  Y.),  31  Am.  B.  R.  382;  208  Fed.  291;  revs'g, 
S.  C.  29  Am.  B.  R.  772. 

Six  months  period.— In  re  Ray,  2  Am.  B.  R.  158.  {Contra)  In  re  Stokes,  1  Am. 
B.  R.  35.     In  re  Plotke  (supra).    In  re  Harris,  11  Am.  B.  R.  649. 


FOKMS  IX  BANKEUPTCY.  45 


FORM  No.  9. 

INVOLUNTARY  PETITION  BY  ONE  CREDITOR  AGAINST  A  PARTNER. 

SHIP. 

To  the  Honorable , 

Judge  of  the  District  Court  of  tlie  United  States, 

for  the District  of : 


The  petition  of ,  of ,  respectfully 

shows : 

First.     That and are  and  have 

been  co-partners,  doing  l)usiness  under  the  firm  name  and  style  of 

,  and  have  had  their  principal  place  of  business  at 

State  and  district  aforesaid,  for  the  greater  portion  of  the  six  months  next 
preceding  the  date  of  filing  of  this  petition  ;  that  the  said  partnership  is 
insolvent  and  owes  del)ts  to  the  amount  of  one  thousand  dollars  and  upwards 
and  is  neither  a  wage-earner  nor  a  j^erson  engaged  principally  in  farming  or 
the  tillage  of  the  soil. 

Second.     That  upon   information  and  belief,  the  said  partnership 

has  less  than  twelve  creditors. 


Third.     That  your  petitioner  is  a  creditor  of  said 

and composing  the  partnership  firm  of 

having  a  provable  claim  against  said  partnership,  amounting  in  the  aggregate 
in  excess  of  securities  held  ])y  him  to  the  sum  of  five  hundred  dollars ;  that 
your  petitioner  is  not  entitled  to  priority  of  payment  of  his  said  claim  within 
the  meaning  of  Section  Gi  (1j)  of  the  United  States  Bankruptcy  Act  and  the 
amendments  thereof,  nor  has  he  received  a  jDreference  within  the  meaning  of 
Section  GO  (a-b)  of  such  law  as  amended. 

Fourlli.     That  the  nature   and   amount  of  3'our  petitioners   claim  is  as 
follows : 


Xo  part  of  said  claim  has  been  paid  though  duly  demanded. 

Fifth.     Your  petitioner  represents  that  the  said and 

composing  the  partnership  firm  of , 

while  insolvent  and  within  four  months  next  preceding  the  date  of  this  peti- 
tion, committed  an  act  of  bankruptcy  in  that  they  did  heretofore,  to  wit : 
[Here  specify  act.  giving  facts,  bringing  under  Section  3-a.] 

Wherefore  your  petitioner  prays  that  service  of  this  petition  with  a  subpoena 
may  be  made  upon  the  said and 


46  FOEMS  IN  BAXKKUPTCY. 

individually  and  as  co-partners  doing  business  under  the  firm  name  and  style 

of ,  as  provided  in  the  Acts  of  Congress  relating  to 

bankruptcy  and  that  they  as  individuals  and  the  firm  of 

may  be  adjudged  bankrupt  within  the  purview  of  said  Acts. 
Dated ,19... 


Petitioner, 


Attornei/  for  Petitioner, 

Office  and  Post  OfBce  Address, 
Street, 


[Verification  as  in  Form  Xo.  7.] 


NOTES. 

Sec.  5h. 

A  partnership  is  a  distinct  entity  and  may  be  adjudged  bankrupt  irrespective  of 
any  adjudication  against  its  individual  members. 

Mills  v.  J.  H.  Fisher  Co.  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  237;  159  Fed.  S97,  87  C. 
C.  A.  77. 

In  re  Meyer  et  al  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  559;  98  Fed.  976,  39  C.  C.  A.  368. 

Right  to  administer. 

See,  Francis  v.  McXeal  (U.  S.  Sup.)  30  Am.  B.  R.  244;  228  U.  S.  695;  57  L.  Ed. 
1029;  aff'g,  s.  c.  (C.  C.  A.  3rd  Cir.),  26  Am.  B.  R.  555;  186  Fed.  481,  485;  108  C. 
C.  A.  459. 

In  re  R.  F.  Duke  and  Son  (D.  C.  Ga.),  29  Am.  B.  R.  93:  199  Fed.  199. 

Abbott  V.  Anderson  et  al.  (111.  Sup.  Ct.),  33  Am.  B.  R.  383. 

In  re  Hansley  &  Adams,  228  Fed.  564. 

One  partner  may  be  e.xempt  as  a  farmer,  yet  firm  be  adjudicated. 

In  re  Disney  et  al.,  33  Am.  B.  R.  656;  219  Fed.  294. 

Dickas  v.  Barnes  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R.  566;  140  Fed.  849,  72  C.  C.  A.  261. 

But  a  partnership  is  not  bankrupt  so  long  as  any  of  its  members  is  individually 
solvent. 

Francis  v.  McXeal  (supra). 

In  re  Samuels  and  Lesser  (C.  C.  A.  2nd  Cir.),  32  Am.  B.  R.  436;  215  Fed.  845;  132 
C.  C.  A.  187;  rev'g,  s.  c.  30  Am.  B.  R.  293;  207  Fed.  195. 

In  re  Perley  and  Hays,  15  Am.  B.  R.  54;  138  Fed.  927. 

[See  Notes  to  Form  Xo.  5.] 

Insanity  of  a  partner  and  appointment  of  a  committee  will  not  prevent  adjudication 
of  partnership. 

In  re  L.  Stein  and  Co.  (C.  C.  A.  7th  Cir.),  11  Am.  B.  R.  536;  127  Fed.  547;  62  C  C. 
A.  272. 

In  what  district  proceeding  may  be  brought. 

In  re  Blair  et  al.  (D.  C.  N.  Y.),  3  Am.  B.  R.  588;  96  Fed.  76. 

V.liat  petition  should  show. 

In  re  Blair  et  al.  (supra). 

Non-adjudicated  partner  not  required  to  file  schedules. 

In  re  City  Contracting  and  Building  Co.  (D.  C.  llaw.K  30  Am.  B.  R.  133. 


FORMS  IN  BANKRUl^CY.  47 

Petition  filed  by  one  creditor. —  In  re  Blount,  16  Am.  B.  R.  97;  142  Fed.  263. 

Hotlschlaeger  Co.    (Lim.)    v.  Young  Nap.,   12  Am.  B.   H.   515. 

How  number  of  creditors  computed. 

Moulton  V.  Coburn  (C.  C.  A.  1st  Cir.),  12  Am.  B.  R.  553;  131  Fed.  201;  66  C.  C.  A. 
DO;  aflg  11  Am.  B.  R.  212. 

The  averment  that  all  the  creditors  of  the  alleged  bankrupt  are  less  than  twelve 
in  number  does  not  limit  the  jurisdiction  of  the  court. 

In  re  Plymouth  Cordage  Co.  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  665;  135  Fed.  1000; 
68  C.  C.  A.  434. 


FORM  No.  10. 

[Official. \ 
SUBPOENA   TO   ALLEGED     BANKRUPT. 

United  States  of  America, District  of 

To ,  in  said  District,  Greeting : 

For  certain  causes  offered  before  the  District  Court  of  the  United  States  of 

America  within  and  for  the District  of ,  as  a  court  of 

bankruptcy,  we  command  and  strictly  enjoin  you,  laying  all  other  matters  aside 
and  notwithstanding  any  excuse,  that  you  personally  appear  before  our  said 
District  Court,  to  be  holden  at  the  United  States  Court  House  in  said  district, 

on  the day  of ,  A.  D.  19 .  .  . ,  to 

answer  to  a  petition  filed  by 

in  our  said  court,  praying  that  you  may  be  adjudged  a  bankrupt ;  and  to  do 
further  and  receive  that  which  our  said  District  Court  shall  consider  in  this 
behalf.  And  this  you  are  in  no  wise  to  omit,  under  the  pains  and  penalties 
of  what  may  befall  thereon. 

Witness,  the  Honorable Judge  of  said  Court, 

and  the  seal  thereof,  at  the  City  of ,  this 

day  of ,  A.  D.  19 . .  . 


Clerk. 
J     Seal  of 
\  the  Court. 


FORM  No.  11. 

MARSHAL'S  RETURN. 

I  herel)y  certify  that  on  tlie day  of 19 .  ., 

at ,  in  the  City  of ,  in  my  District, 

I  personally  served  the  within  subpoena  upon  the  M-ithin-named 

by  exhibiting  to the  within  original  and  at 

the  same  time  leaving  with a  copy  thereof.    I  further 


48  FOEMS  IX  BAXKRUPTCY. 

certify  that  at  the  same  time  and  place  I  left  with a 

duplicate  original  of  the  creditor's  petition  for  adjudication  herein. 
Dated , ,  19... 


TJ.  S.  Mar.^lial Dist 

I  hereby  certify  that  after  diligent  search  I  am  unable  to  find  the  within- 
named  in  my  District.    I  further  certify 

that  on  the day  of ,  19 .  .  . ,  at 

,  in  the  City  of ,  in  my  District,  that 

being  at  the  residence  of  said I  delivered  to  and  left 

a  copy  of  the  within  subpoena  with  an  adult  meml)er  of  the  family,  to  wit, 

and  at  the  same  time  and  place  left  with 

a  duplicate  original  of  the  creditor's  peti- 
tion for adjudication  herein. 

Dated , ,  19. . . 


U.  S.  Marshal Dist 

NOTES. 

Subpoena  to  alleged  bankrupt. —  Issued  by  clerk.    General  Order  III. 

Returnable  in  fifteen  days. 

Counting  time  of  return  day. 

In  re  Francis  Levy  Outfitting  Co.  (Lt'd.)   (D.  C.  Haw.),  29  Am.  B.  R.  13. 

Alias  and  successive  subpoenas  until  service  is  had. 

Gleason  v.  Smith,  Perkins  and  Co.,  16  Am.  B.  R.  602;  145  Fed.  895. 

Service.    Sec.  18a.    See  Equity  Rule  nil.    Sub.  8,  Sec.  629  R.  S. 

JNLay  be  made  by  leaving  the  papers  in  the  district  with  an  adult  member  of  his 
family  at  his  home. 

In  re  Norton,  17  Am.  B.  R.  504;  148  Fed.  301. 

Upon  clerk  of  hotel  where  alleged  bankrupt  usually  resided  and  of  which  he  was 
the  proprietor. 

In  re  Risteen  (D.  C.  Mass.),  10  Am.  B,  R.  494;  122  Fed.  732. 

Service  upon  Commissioner  of  Corporation  of  State. 

In  re  Magid-Hope  Silk  M'f'g  Co.,  6  Am.  B.  R.  610;   110  Fed.  352. 

As  to  memorandum  required  by  Equity  Rule  XII. 

In  re  Wing  Yick  Co.,  13  Am.  B.  R.  360. 

Failure  to  make  timely  service  does  not  terminate  the  proceeding. 

Gleason  v.  Smith  and  Co.  (C.  C.  A.  3d  Cir.),  16  Am.  B.  R.  602;  145  Fed.  895;  76 
C.  C.  A.  427. 

In  re  Stein  (C.  C.  A.  2d  Cir.),  5  Am.  B.  R.  288;  105  Fed.  749;  45  C.  C.  A.  29. 

In  re  Frischberg,  8  Am.  B.  R.  607. 

Death  of  alleged  bankrupt  after  filing  of  petition  but  before  service  of  subpoena 
does  not  abate  the  proceeding.  Shute  et  aL  v.  Patterson  et  al.  (C.  C.  A.  8th  Cir.),  17 
Am.  B.  R.  99;  147  Fed.  509;  78  C.  C.  A.  75. 

Fees  of  U.  S.  Marshal  for  service. 

In  re  Damon  et  al.,  5  Am.  B.  R.  133;  104  Fed.  775. 

[For  service  outside  the  district  see  notes  following  Form  No.  44.] 


i^OKMS  IX  BAXKllUPTCY.  49 


FORM  No.  12. 

GENERAXi  APPEARANCE  OF  BANBLRXTPT  OR  CREDITOR. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OP 


Alleged  Banl-rupt. 


I   Xo, 


To  the  District  Court  of  the  United  States, 

for  the  District  of : 

The  clerk  of  this  court  will  please  enter  my  appearance  as  attorney  for 

,  of ,  the  alleged  l)ankrupt 

[or  a  creditor  of  said  alleged  bankrupt],  who  desires  to  plead  herein  in  re- 
sponse to  the  petition  of , and 

that  the  said be  adjudicated  bankrupt. 

Dated , , , ,  19.  . . 


Attorney  for. 
[Address] . 


To..., 
and. 


NOTES. 

This  appearance  must  now  he  filed  within  five  days  after  the  return  day.  See  Sec. 
18-b,  as  amended,  and  see.  General  Order  IV  and  Klquity  Rule  VII. 

Voluntary  appearance  hy  allejjed  bankrupt  equivalent  to  personal  service,  but  only 
so  far  as  to  confer  jurisdiction  of  the  person. 

In  re  Mason,  3  Am.  B.  R.  599;  99  Fed.  256.  Shutts  v.  Bank,  3  Am.  B.  R.  492;  98 
Fed.  705. 

Authority  of  attorney  to  appear. 
In  re  Kindt,  3  Am.  B.  R.  546;  98  Fed.  867. 
Cannot  be  questioned  by  answer  of  alleged  bankrupt. 
Gage  Co.  v.  Bell,  10  Am.  B.  R.  696;  124  Fed.  371. 
Adjudication  should  not  be  made  before  expiration  of  time  limit. 
Day  v.  Beck,  etc.,  Co.  (C.  C.  A.  5th  Cir.),  8  Am.  B.  R.  175;  114  Fed.  834;  52  C.  C.  A. 
468.    In  re  Humbert,  4  Am.  B.  R.  76;  100  Fed.  439. 

Comp.  In  re  Columbia  Real  Estate  Co.,  4  Am.  B.  R.  411;  101  Fed.  965. 


50  FOEMS  IX  BAXKRUPTCY. 

Even  though  alleged  bankrupt  voluntarily  appeared  and  consented  to  adjudication. 

B-R  Electric  and  Telephone  Mfg.  Co.  v.  Aetna  Life  Ins.  Co.  (C.  C.  A.  8th  Cir.),  30 
Am.  B.  R.  424;  206  Fed.  885;   124  C.  C.  A.  545. 

Effect  of  appearance  of  a  preferred  creditor  or  an  attaching  creditor. 

In  re  Burlington  Malting  Co.,  6  Am.  B.  R.  369;  109  Fed.  777.  In  re  Rogers  Milling 
Co.,  4  Am.  B.  R.  540;  102  Fed.  687.  In  re  Schenkein  and  ano.,  7  Am.  B.  R.  162;  rev'd, 
113  Fed.  421. 

Extension  of  time  to  appear. 

In  re  Simonson,  1  Am.  B.  R.  197;  92  Fed.  904. 

In  re  Heinsfurter,  3  Am.  B.  R.  109;  97  Fed.  198. 


FORM  No.  13. 

PETITION  OF  CREDITOR  TO  INTERVENE. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  TUB  Matter 

OF 


Banl-rupt. 


V    Xo, 


To  the  Honora1)le , 

Judge  of  the  District  Court  of  the  United  States, 
for  the District  of 


The  petition  of ,  respectfully  alleges  and  shows  on  infor- 
mation and  ])elief : 

1.  That  your  petitioner, ,  is  a  creditor  of  the  al)Ove 

named,   ,  having  a  provahle  claim  against  the  same 

amounting  to  $ in  excess  of  securities  held  by  him, 

2.  That  the  nature  and  amount  of  petitioner's  claim  is  as  follows: 


and  that  no  part  thereof  has  l)een  paid  though  duly  demanded. 

3.  That  on  the day  of 19 ... , 

and  filed  in  the  office  of  the  clerk  of 


FOEMS  IX  BANKRUPTCY. 


51 


this  court  a  petition  praying  that be  adjudged  an  involun- 
tary bankrupt,  which  petition  is  still  pending. 

4.  Your  petitioner  desires  to  join  in  the  said  petition  as  an   intervening 
creditor  therein. 

5.  (And  your  petitioner  represents  that  the  said ,  while 

insolvent,  etc.)   [Allege  acts  of  bankruptcy,  if  desired,  new  or  in  modificatien 
of  those  alleged  by  original  petitioners.] 

^^'herefore,   your   petitioner,   intervening  herein,  Avould   respectfully   pray 

that  he  l^e  allowed  to  join  in  the  said  petition  of , and 

,  that  the  said be  adjudged  a  bankrupt  within 

the  purview  of  the  Bankruptcy  Act  of  1898  and  the  amendments  thereof. 


Petitioner. 


[Verification.] 


FORM  No.  14. 


ORDER  AXLOAVING  INTERVENTION. 


At  a  stated  term  of  the  District  Court  of 

the  United  States,  for  the 

District  of ,  held  at 

the  United  States  Court  House,  City  of 

,  on  the day 

of ,  19... 


Present  : 
Hon. 


District  Judge. 


Is  TUB  Matter 

OF 


Bnnl-rnpt. 


V    Xo. 


T'pon  reading  and  filing  the  ainiexcd  petition  of , 

verified ,  19 ... ,  praying  that  he  be  joined  as  a  petitioning 

creditor  in  the  above  entitled  proceeding,  and  upon  the  petition  in  bankruptcy 

and  all  proceedings  heretofore  had  herein,  and  upon  motion  of 

,  attorney  for  said  petitioner,  it  is 


52  FORMS  IX  BAXKKUPTCY. 

Ordered,  that he  and  he  hereby  is  allowed  to 

intervene  herein,  and  is  hereby  joined  and  made  a  petitioning  creditor,  in  the 

petition  praying  for  the  involuntary  adjudication  of , 

filed  in  the  office  of  the  clerk  of  the  District  Court  of  the  United  States,  for 

the  District  of ,  on  the day  of 

,  19... 


D.J. 


NOTES. 


Petition  and  Order  of  Intervention. —  Sec.  59-f . 

In  re  HafF  (C.  C.  A,  2d  Cir.),  13  Am.  B.  R.  362;  136  Fed.  78;  68  C.  C.  A.  646. 

Whether  creditors  "  join  in  the  petition  "  or  "  file  an  answer  "  appearance  should  be 
entered.    In  re  Taylor,  1  N.  B.  N.  412. 

If  application  is  granted  the  applicant  becomes  as  much  a  petitioning  creditor  as 
if  he  had  joined  in  original  petition. 

Practice. — "By  verified  petition  and  usually  granted  ex  parte. 

When  intervention  allowed. 

If  issue  is  general,  creditor  should  be  allowed  to  join  in,  even  when  four  months 
from  act  of  bankruptcy  has  expired. 

In  re  Stein,  5  Am.  B.  E.  288;  105  Fed.  749. 

In  re  Mammoth  Pine  etc.  Co.,  6  Am.  B.  Pv.  84;  109  Fed.  308.     In  re  Mackey,  6  Am. 

B.  R.  577;  110  Fed.  355. 

Creditors  who  interv^ene  more  than  four  montlis  after  the  act  of  bankruptcy  are 
entitled  to  proceed  when  the  original  petition  was  valid  although  the  original  petitioners 
have  withdrawn  since  the  inter\'ention. 

In  re  Bolognesi  and  Co.   (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  692;   223  Fed.  771;   139 

C.  C.  A.  351. 

Comp.  Despres  v.  Galbraith  (C.  C.  A.  8th  Cir.),  32  Am.  B.  R.  170;  213  Fed.  190;  129 
C.  C.  A.  534. 

Delay  of  a  year  unreasonable. 

In  re  Jemison  Mercantile  Co.,  7  Am.  B.  R.  588;  112  Fed.  966. 

Kot  after  a  hearing  and  dismissal  of  original  petition. 

In  re  Tribelhorn  (D.  C.  X.  Y.),  14  Am.  B.  R.  491;   137  Fed.  3. 

Immaterial  to  right  of  creditor  to  intervene  that  more  than  four  months  have 
elapsed  since  the  commission  of  the  alleged  act  of  bankruptcy. 

In  re  Charlestown  Light  &  Power  Co.,  25  Am.  B.  R.  687;  183  Fed.  160. 

Intervention  will  not  be  ordered  when  petition  is  defective  on  its  face. 
In  re  Beddingfield,  2  Am.  B.  R.  355;  96  Fed.  190. 

Who  may  intervene. —  Generally  any  creditor  who  could  have  filed  the  petition. 
Ayres  v.  Cone  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  739;  138  Fed.  778;  71  C.  C.  A.  144. 

In  re  Lewis  F.  Perry  and  \Anntney  Co.  (C.  C.  A.  1st  Cir.),  23  Am.  B.  R.  695;  175 
Fed.  52;  99  C.  C.  A.  68;  aff'g  s.  c.  22  Am.  B.  R.  772;  172  Fed.  745. 

Assignee  of  a  provable  claim  assigned  after  the  filing  of  the  petition  may  intervene 
in  pending  proceeding  and  have  the  same  rights  assignor  had. 

In  re  Fitzgerald,  26  Am.  B.  R.  773;  191  Fed.  95. 


FORMS  IN  BANKRUPTCY.  53 

A  deficiency  in  matter  of  form  of  the  claim  of  an  intervening  creditor  may  be 
supplied  upon  the  hearing.  Hays  v.  Wagner  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  163;  150 
Fed.  533;  80  C.  C.  A.  275. 

No  intervention  to  oppose  adjudication  iipon  voluntary  petition.  [Motion  to 
vacate  proper  remedy.] 

In  re  Carleton,  8  Am.  B.  R.  270;   115  Fed.  246. 

Intervening  creditors  may  be  counted  in  making  up  the  number  of  creditors  and 
amount  of  claims  necessary  to  support  the  petition.  In  re  Crenshaw,  19  Am.  B.  R.  502; 
156  Fed.  638. 

Effect  of  appearance  or  intervention. 

Involuntary  proceedings  in  absence  of  collusion  may  be  dismissed  upon  default 
without  notice  except  to  creditors  intervening  or  appearing  in  the  proceeding. 

In  re  Levi  and  Klauber  (C.  C.  A.  2d  Cir.),  15  Am.  B.  R.  294;  142  Fed.  962;  74  C. 
C.  A.  932. 

Status  of  intervening  creditor. 

In  re  Dandridge  and  Pugh  (C.  C.  A.  7th  Cir.),  31  Am.  B.  R.  15;  209  Fed.  838;  126 
C.  C.  A.  562. 


FORM  No.  15. 

ADMISSION   OF   BANKRUPTCY  BY  A  CORPORATION. 

,  a  Corporation  organized  and  existing  imder  the 

laws  of  the  State  of ,  pursuant  to  resolution  of  its  Board 

of  Directors  duly  adopted   (or  in  States  where  required,  "  resolution  of  its 
Stockholders,  etc.")    hereby   admits  its  inability  to  pay   its  debts  and  its 
willingness  to  be  adjudged  a  bankrupt  on  that  ground. 
Dated ,  19... 


By 

[Acknowledgment  reciting  authority  to  sign.] 


NOTES. 
Sec.  3a  (5) 

In  re  Mutual  Mercantile  Agency,  6  Am.  B.  R.  607;  111  Fed.  152.  In  re  L.  Humbert 
Co.,  4  Am.  B.  R.  76;  100  Fed.  439. 

In  re  Marine  Machine  and  Conveyor  Co.,  1  Am.  B.  R.  421 ;  91  Fed.  630. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  747. 

Contra,  In  re  Bates  Machine  Co.   (D.  C.  Mass.),  1  Am.  B.  R.  129;  91  Fed.  625. 

Admission  may  be  made  by  a  solvent  corporation. 

In  re  Russell  Wheel  and  Foundry  Co.  (D.  C.  Mich),  35  Am.  B.  R.  66;  222  Fed.  569. 

Authority  of  Directors.  Pro. —  Cresson,  etc.  Coal  and  Coke  Co.  v.  Stauffer  (C. 
C.  A.  3d  Cir.),  17  Am.  B.  R.  573;  148  Fed.  981;  78  C.  C.  A.  609,  aflf'g,  s.  c.  16  Am. 
B.  R.  309. 


54  FORMS  IX  BANKRUPTCY. 

In  re  Moench  and  Sons  Co.,  10  Am.  B.  R.  656;  123  Fed.  965  aff'd  s.  c.  12  Am.  B.  R. 
240;  130  Fed.  685;  66  C.  C.  A.  37.    Even  when  directors  hold  over. 

In  re  Riley,  Talbot  and  Hunt,  15  Am.  B.  R.  159. 

In  re  Lisk  ilf'g  Co.  (D.  C.  N.  Y.).  21  Am.  B.  R.  674;  167  Fed.  411. 

In  re  American  Guarantee  and  Security  Co,  (D.  C.  Cal.),  27  Am.  B.  R.  640;  192 
Fed.  405. 

Home  Powder  Co.  v.  Geis,  29  Am.  B.  R.  580;  204  Fed.  568;  123  C  C.  A.  94. 

In  re  Russell  Wheel  and  Foundry  Co.  (D.  C.  Mch.),  (supra). 

Contra,  In  re  Quartz  Gold  Mining  Co.  (D.  C.  Ore.),  19  Am.  B.  R.  667;  157  Fed.  243. 

AtT"d  Van  Emon  et  al.  v.  Veal  (C  C.  A.  9th  Cir.),  158  Fed.  1022;  85  C.  C.  A.  547. 

In  re  Hudson  River  Electric  Power  Co.,  23  Am.  B.  R.  191;  173  Fed.  934,  aff'd  25 
Am.  B.  R.  504;  183  Fed.  701;  106  C.  C.  A.  139. 

In  re  Kersten,  6  Am.  B.  R.  516;  110  Fed.  929. 

In  re  Rollins  Gold  and  Silver  Mining  Co.   {obiter),  4  Am.  B.  R.  327;  102  Fed.  982. 

See  Collier  on  Bankruptcy  (10th  Ed.),  pp.  106-109;  and  Remington  on  Bankruptcy, 
Vol.  3,  Sees.  44,  167. 

Filing  of  a  voluntary  petition,  not  such  an  admission. 

In  re  Ceballos  and  Co.  (D.  C  N.  J.),  20  Am.  B.  R.  459;  161  Fed.  445. 

Must  be  an  unqualified  admission. 

In  re  Baker-Ricketson  Co.,  4  Am.  B.  R.  605;  97  Fed.  489. 

In  re  Wilmington  Hosiery  Co.,  9  Am.  B.  R.  579;  120  Fed.  179. 

See,  Brinkley  v.  Smithwick,  11  Am.  B.  R.  500;  126  Fed.  686. 

Officer  as  individual,  no  authority. 

In  re  Southern  Steel  Co.  (D.  C.  Ala.),  22  Am.  B.  R.  476;  169  Fed.  702. 

A  treasurer  cannot. 

In  re  Burbank  Co.  (D.  C.  N.  H.),  21  Am.  B.  R.  838;  168  Fed.  719. 

Action  of  directors  as  individuals  not  sufficient.  In  re  Gold  Run  Mining  and 
Tunnel   Co.  (D.  C.  Col.),  29  Am.  B.  R.  563;  200  Fed.  162. 

Debtor  may  request  certain  creditors  to  file  petition. 

In  re  Duplex  Radiator  Co.,  15  Am.  P.  R.  324;  142  Fed.  906. 

See,  In  re  Independent  Thread  Co.,  7  Am.  B.  R.  704;  113  Fed.  998. 

When  a  corporation  admits  in  writing  its  inability  to  pay  its  debts  and  its  willing- 
ness to  be  adjudged  bankrupt  upon  that  ground  an  opposing  creditor  cannot  raise  the 
question  of  solvency. 

In  re  Duplex  Radiator  Co.  (svpra). 

In  re  C.  ]\Ioench  and  Sons  Co.  (C.  C.  A.  2d  Cir.),  12  Am.  B.  R.  240;  130  Fed.  685; 
66  C.  C.  A.  37. 

In  re  Thomas  McXally  Co.  (D.  C.  N.  Y.),  29  Am.  B.  R.  772;  rev"d  31  Am.  B.  R.  382; 
208  Fed.  291. 

In  re  Northampton  Portland  Cement  Co.  (D.  C.  Pa.).  24  Am.  B.  R.  61 ;  179  Fed.  726. 

The  admission  and  tlie  acknowledgment  thereof  must  be  in  writing  or  it  is  not 
sufficient. 

Conway  et  al.  v.  German  et  al.  (C  C  A.  4th  Cir.) ,  21  Am.  B.  R.  577;  106  Fed.  67; 
91  C.  C.  A.  653. 


rOEMS  IX  BANKRUPTCY.  55 


FORM  No.  16. 

MOTION     TO     DISMISS     FOR     DEFECTS     APPEARING     ON     FACE     OF 

PETITION. 


United  States  District  Court, 

for  the District  of 

In  l>ankruptcy. 


Ix  THE  Matter 

OF 

The  Petition  of ,   

and that  be  Ad- 
judged an  Involuntary  Bankrupt. 


Xow  comes the  respondent  in  the  above  entitled 

proceeding  and  moves  that  the  petition  filed  herein  on  the day  of 

19 . .  . ,  by , and 

praying  for  his  adjudication  as  an  involuntary  bankrupt  be  dismissed  with 
costs  upon  the  following  grounds: 

Fir.'<t.  That  it  appears  on  the  face  of  the  said  petition  that  the  Court  is 
without  jurisdiction  to  grant  the  relief  prayed  for  in  said  petition. 

Second.  That  said  petition  docs  not  state  facts  sufficient  to  warrant  the 
granting  of  the  relief  prayed  for  therein,  in  that  etc.  (Here  allege  defects 
specifically.) 

TJtird.    (Set  forth  other  grounds  in  paragraphs  numbered  consecutively.) 
Wherefore,  he  prays  that  said  petition  filed  against  him  be  dismissed  with 
costs. 

Dated 


Attorney  for. 
Alleged  Bankrupt. 


NOTES. 


Demurrers  abolished  by  Equity  Rule  XXIX  held  to  apply  to  bankruptcy  pro- 
ceedings. Defense  in  point  of  law  arising  upon  face  of  petition  must  now  be  made  by 
motion  to  dismiss  or  taken  in  answer. 

In  re  Jones  (D.  C.  Tenn.),  31  Am.  B.  R.  693;  209  Fed.  717. 

Waiver  of  objection  to  jurisdiction  by  pleading  generally  to  the  merits. 

Clark-Herrin  Campbell  Co.  V.  H.  B.  Claflin  Co.  et  al.  (C.  C.  A.  5th  Cir.),  33  Am. 
B.  R.  414;  218  Fed.  429. 


56 


FORMS  IN  BANKRUPTCY. 


FORM  No.  17. 

ORDER  DENYING  MOTION  TO  DISMISS  AND  NOTICE  OF  SETTLEMENT. 

At  a  Stated  Term  of  the  United  States 

District  Court  for  the 

District  of  held  at 

the  United  States  Court  House,  in  the 

City  of on  the 

day  of   19 

Present  : 

Hon , 


District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


V    No. 


the  alleged  bankrupt  herein  having  moved  this 

Court  for  an  order  dismissing  the  petition  in  bankruptcy  filed  herein  by .... 

, and ,  on  the 

day  of   19 . . .  .,  for  lack  of  jurisdiction  and  upon  the 

further  ground  that  the  same  does  not  state  facts  sufficient  to  warrant  the 
granting  of  the  relief  prayed  for  in  said  petition  and  does  not  comply  with  the 
equity  rules  of  the  Courts  of  the  United  States,  and  said  motion  having  duly 

come  on  to  be  heard  before  me  on  the day  of 

19 .  .  .  .,  now  upon  reading  and  filing  the  notice  of  motion,  dated  the 

day  of ,  19 ...  .   and  upon  the  petition  in  involuntary 

bankruptcy  herein  and  after  hearing in  support  of  said 

motion  and in  opposition  thereto,  and  on  motion  of 

,  attorney  for  petitioners,  it  is 

Ordered,  that  the  said  motion  be  and  the  same  hereby  is  denied,  and  the 
said  alleged  bankrupt  is  directed  to  answer  over. 


U.  8.  D.  J. 

Sir.    Please  take  notice,  that  the  within  proposed  Order  will  be  presented 

for  settlement  to  Hon ,  Judge  of  the  United 

States  District  Court,  for  the District  of , 


FOKMS  IN  BANKRUPTCY. 


57 


at  the  Court  House  on  the  day  of  ,  19 .... ,  at 

o'clock  in  the  forenoon  of  that  day  or  as  soon  thereafter  as 

counsel  can  be  heard. 

Dated   

Yours,   etc., 


Attorney  for  Petitioners, 

Office  and  Post  Office  Address, 


To: 


Esq., 

Attorney  for  Alleged  BanTcrupt. 


FORM  No.  18. 

[Official] 
DENIAL  OF  BANKRUPTCY. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlcrupt. 


V    No, 


At ,  in  said  District,  on  the day  of 

,  A.  D.  19.... 

And  now  the  said appears,  and  denies  that  he  has  com- 
mitted the  act  of  bankruptcy  set  forth  in  said  petition,  or  that  he  is  insolvent, 
and  avers  that  he  should  not  be  declared  bankrupt  for  any  cause  in  said 
petition  alleged;  and  this  he  prays  may  be  inquired  of  by  the  court,  (or  he 
demands  that  the  same  may  be  inquired  of  by  a  jury). 


Subscribed  and  sworn  to  before  me,  this day  of 

A.  D.  19 


58  rOEMS  IN  BANKRUPTCY. 

FORM  No.  19. 

GENERAL    ANS'WER    OF    ALLEGED    BANKRUPT. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


I    No, 


Now  comes ,  of ,  the  person 

ag-ainst  whom  a  petition  for  adjudication  in  bankruptcy  has  been  filed  herein 
and  does  controvert  such  petition  and  file  the  following  answer : 

1.  Denies  that  he  is  insolvent  as  alleged  in  said  petition. 

2.  Denies   that  he   has   committed   an   act  of  bankruptcy   as   alleged   in 

paragraph  No of  the  petition,  but  on  the  contrary,  alleges  the  facts 

to  be  as  follows  : 


3.     Denies  that ,    ,  and 

,  petitioning  creditors  herein,  have  provable 

claims  against  him  which  amount  in  the  aggregate  in  excess  of  the  value  of 

securities  held  by  them  to  $ ,  but,  on  the  contrary,  alleges  the  facts 

to  be  as  follows : 


Wberefore, avers  that  he  should  not  be  adjudged 

bankrupt  for  any  cause  in  said  petition  alleged,  and  prays  a  hearing  thereon 
and  that  the  petition  herein  be  dismissed  (with  costs). 


Alleged  Bankrupt. 

> 

Attorney  for  Alleged  Bankrupt. 

[Verification.] 


rOKMS  IX  BANKRUPTCY.  59 

NOTES. 

Sec.  18,  3.  c. 

Defense  of  solvency.  Acme  Food  Co.  v.  Meier  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R. 
550;  153  Fed.  74;  82  C.  C.  A.  208. 

Answer  should  contain  an  express  denial  of  insolvency  when  such  an  issue  is  made. 

Cummins  Grocer  Co.  v.  Talley  (C.  C.  A.  6th  Cir.),  26  Am.  B.  R.  484;  187  Fed.  507; 
109  C.  C.  A.  273. 

When  immaterial. 

In  re  Sully  (C.  C.  A.  2d  Cir.),  18  Am.  B.  R.  123;  152  Fed.  619;  81  C.  C.  A.  609. 
See  Lockman  v.  Lanj?,  12  Am.  B.  R.  497;  132  Fed.  1;  65  C.  C.  A.  621.  Objection  to 
jurisdiction  may  be  taken  by  answer  as  well  as  in  motion  to  dismiss. 

In  re  Taylor,  4  Am.  B.  R.  515,  102  Fed.  728. 

When  corporation  admits  inability  to  pay  debts  and  willingness  to  be  adjudged 
bankrupt,  question  of  its  insolvency  is  immaterial. 

In  re  Duplex  Radiator  Co.,  15  Am.  B.  R.  324;  142  Fed.  906. 

Reduction  of  amount  of  indebtedness  by  settlement  with  certain  creditors  after 
general  assignment. 

In  re  Jacobson  (D.  C.  Mass.),  24  Am.  B.  R.  927;  181  Fed.  870. 

Answer  may  contain  any  available  defense  or  counterclaim. 

In  re  Paige,  3  Am.  B.  R.  679 ;  99  Fed.  538. 

Hill  V.  Levy,  3  Am.  B.  R.  374;  98  Fed.  94. 

Leidigh  Carriage  Co.  v.  Stengel,  2  Am.  B.  R.  383;  95  Fed.  637.  Bray  v.  Cobb. 
1  Am.  B.  R.  153;  91  Fed.  102. 

Insanity  as  a  defense. 

In  re  Ward  (D.  C.  N.  J.),  20  Am.  B.  R.  482;  161  Fed.  755. 

Amendment  of  answer  permitted. 

In  re  Harris,  19  Am.  B.  R.  204;  155  Fed.  216. 

If  answer  is  prolix  or  defective,  may  be  stricken  out,  or  amendment  allowed. 
Bradley  Timber  Co.  v.  White,  10  Am.  B.  R.  329;  121  Fed.  779;  58  C.  C.  A.  55;  aff'g 
9  Am.  B.  R.  441. 

In  re  Coe,  1  Am.  B.  R.  504;  92  Fed.  333. 

In  re  Ogles,  1  Am.  B.  R.  671;  93  Fed.  426. 

Respondent  entitled  to  tile  answer. 

And  not  concluded  by  finding  of  State  court  which  appointed  a  receiver  upon  the 
ground  of   insolvency. 

In  re  Pickens  Mf'g  Co.,  20  Am.  B.  R.  202;  158  Fed.  894. 

Secured  creditor  holding  claim  in  excess  of  value  of  security  may  file  answer. 

Johansen  Bros.  Shoe  Co.  v.  Allcs  (C.  C.  A.  8th  Cir.),  28  Am.  B.  R.  299;  197  Fed. 
274;  116  C.  C.  A.  636. 

Creditor  holding  attachment,  the  lien  of  which  would  be  dissolved. 

In  re  C.  Moench  and  Sons  Co.,  10  Am.  B.  R.  590;   123  Fed.  965. 

Preferred  creditor. 

Goldman  and  Co.  v.  Smith,  1  Am.  B.  R.  266;  93  Fed.  182. 

Verification. —  Must  be  verified. 

Attorney  may  verify  for  creditor  when  facts  are  within  his  knowledge  or  creditor 
is  a  non-resident. 

Claim  of,  "Not  real  party  in  interest."  Strellow  v.  Schloss  (C.  C.  A.  3d  Cir.), 
19  Am.  B.  R.  359;   156  Fed.  662;  84  C.  C.  A.  374;  rev'g,  149  Fed.  907. 

Stockholders  as  such  are  not  creditors  of  a  corporation  entitling  them  to  file  an 
answer. 

In  re  Eureka  Anthracite  Coal  Co.,  28  Am.  B.  R.  759;  197  Fed.  216. 

A  receiver  appointed  by  a  State  court  is  competent  to  resist  petition  for 
adjudication. 

In  re  Gold  Run  Mining  and  Tunnel  Co.,  29  Am.  B.  R.  563;  200  Fed.  162. 


60  FOKMS  IN  BANKEUPTCY. 

In  re  Hudson  River,  etc.,  Co.  (D.  C.  N.  Y.),  23  Am.  B.  R.  191;  173  Fed.  934;  aff'd, 
25  Am.  B.  R.  504;  183  Fed.  701;   106  C.  C.  A.  139. 

Blackstone  v.  Everybody's  Store,  30  Am.  B.  R.  497;  207  Fed.  752;  125  C.  C.  A.  290. 

Insolvency. 

What  constitutes. 

Upson  V.  Mt.  Morris  Bank  (X.  Y.  App.  Div.),  14  Am.  B.  R.  6;  103  App.  Div.  (N.  Y.) 
367. 

Voorhees  v.  Ungar  ct  al.,  165  App.  Div.  (N.  Y.)  566. 

In  re  Golden  Malt  Cream  Co.  (C.  C.  A.  7th  Cir.),  21  Am.  B.  R.  36;  164  Fed.  326; 
90  C.  C.  A.  258. 

In  re  Wm.  S.  Butler  and  Co.  (Butler  v.  Palmenberg)  (C.  C.  A.  1st  Cir.),  30  Am.  B. 
R.  502;  207  Fed.  705;   125  C.  C.  A.  223. 

"  Suspicious  circumstances." 

Barr  v.  Sofranski,  130  App.  Div.  (X.  Y.)  793. 

Unpaid  stock  subscriptions  are  assets  which  must  be  considered. 

In  re  Commonwealth  Lumber  Co.  (D.  C.  Mass.),  35  Am.  B.  R.  202;  223  Fed.  667. 

Liability  as  surety  or  indorser  when  principal  is  solvent  is  not  such  a  liability 
as  could  be  counted  against  a  person  on  the  question  of  solvency  or  insolvency. 

In  re  Bowers,  33  Am.  B.  R.  51;  215  Fed.  617. 

Property  fraudulently  conveyed,  nor  concealed  assets  considered  in  determining 
question  of  solvency. 

In  re  R.  F.  Duke  and  Son,  28  Am.  B.  R.  195. 

In  re  Wenatchee  Heights  Orchard  Co.  (D.  C.  Wash.),  30  Am.  B.  R.  401;  204  Fed. 
674. 

In  re  R.  F.  Duke  and  Son  (supra). 

No  presumption  from  adjudication  in  bankruptcy  that  debtor  was  insolvent  at  the 
time  the  judgment  was  obtained. 

McNeel  v.  Folk  (W.  Va.  Sup.  Ct.  of  App.l,  33  Am.  B.  R.  234. 


FORM  No.  20. 

ANSWER  ALLEGING   MORE    THAN    TWELVE    CREDITORS. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


IX  THE  ]\[atter 
OF 


V    No, 


Bankrupt. 


Xow  comes of , ,  the  person  against 

whom  a  petition  for  an  adjudication  in  bankruptcy  has  been  filed  herein,  (or 


FOEMS  IN  BANKRUPTCY.  61 

creditor,)  and  does  hereby  controvert  sucli  petition  and  file  the  following 
answer : 

That  the  creditors  of  the  said are  twelve  and  more  in 

number. 

That  annexed  hereto  is  a  list  of  all  snch  creditors,  with  their  addresses, 
under  oath,  as  required  by  §  59-d  of  the  bankruptcy  law  of  1S98, 

Wherefore,  answer  is  made  to  such  petition,  and  a  hearing  and  the  judg- 
ment of  the  court  is  asked  thereon. 

Answering  Banhrupt. 
[or  Creditor] 

[by 

Ms  Attorney, 
Address , 

] 

The  following  is  the  list  of  the  creditors  and  their  addresses,  referred  to 
in  the  foregoing  answer. 

LIST   OF   CREDITORS   AND   ADDRESSES. 

Xames  of  Creditors.  I  Addresses. 


Answering  BanlTupt, 
(or  creditor). 
State  of 


County  of.  ''       * 

I, ,  the  answering  bankrupt  [or  creditor]  mentioned  and 

described  in  the  foregoing  answer,  do  hereby  make  solemn  oath  that  tlie  state- 
ments of  fact  contained  in  such  answer  are  true,  according  to  the  best  of  my 
knowledge,  information  and  belief ;  and  also  that  the  list  annexed  thereto  and 

therein  referred  to  comprises  all  of  the  creditors  of  the  said 

and  gives  their  addresses,  so  far  as  they  are  known  or  can  l)e  ascertained. 

Subscribed  and  sworn  to  before  me,  this day  of , 

19 

NOTES. 

Answer   to    petition    alleging   that    creditors    are   less    than   twelve   in   number. 
Sec.  59-d. 

Service  of  notice. 

In  re  Tribelhorn  (C.  C.  A.  2d  Cir.),  14  Am.  B.  R.  491;  137  Fed.  3;  69  C.  C.  A.  601. 

Insufficiency  in  allegation  not  an  incurable  jurisdictional  defect. 


62  rOEMS  IN  BAXKEUPTCY. 

In  re  Haff  (C.  C  A.  2d  Cir.),  13  Am.  B.  R.  362;  136  Fed.  78;  68  C  C  A.  646. 

List  under  oath  should  be  filed  with  answer. 

In  re  Haff  (supra). 

What  statement  should  be  included  in  "  list  of  creditors." 

W.  A.  Gage  and  Co.  v.  Bell,  10  Am.  B.  R.  696;  124  Fed.  371. 

An  intervening  creditor  who  became  such  by  assignment  after  petition  filed  not  to 
be  counted  in  computing  requisite  number. 

Stroheim  v.  Perry  and  Whitney  Co.  (C.  C.  A.  1st  Cir.),  23  Am.  B.  R.  695;  175  Fed. 
62;  99  C.  C.  A.  68;  affg  22  Am.  B.  R.  772;  172  Fed.  745. 

When  not  res  adjudicata. 

In  re  Letson  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  506;   157  Fed.  78;  84  C.  C.  A.  582. 
Hussey  v.  Richardson-Roberts  Dry  Goods  Co.    (C.  C.  A.  8th  Cir.),   17  Am.  B.  R. 
511;  148  Fed.  598;  78  C  C  A.  370. 


FORM  No.  21. 

ANSWER  OF  CREDITOR. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Alleged  Banl-rupt. 


Xo, 


Xow  comes  ,  of  ,  a  creditor 

of  the  ahove  named  alleged  bankrupt,  for  answer  to  the  petition  of 

,  praying  that be  adjudicated  a  bankrupt,  respectfully 

shoAvs : 

1.  That  said  creditor,    Company,  is  a  corporation  duly 

organized  under  and  l)y  virtue  of  the  laws  of  the  State  of 

and  is  a  creditor  of  said ,  having  a  provable  claim  in  the 

Bum  of  $ ,  all  of  which  is  unsecured, 

2.  Upon  information  and  belief,  said  creditor  denies  the  allegation  of  the 
petition  that  said  alleged  bankrupt  is  insolvent,  but  alleges  that  said  alleged 
bankrupt  is  solvent  and  has  assets  in  excess  of  liabilities,  enabling  him  to  pay 
all  his  debts  in  full. 

3.  Upon  information  and  belief,  denies  the  allegation  that  the  petitioner, 
,  is  a  creditor  of  said  alleged  bankrupt  or  that  he  has 


FORMS  IN  BANKRUPTCY.  63 

a  provable  claim  against  said  alleged  bankrupt,  which  amounts  in  the  aggre- 
gate in  excess  of  the  value  of  securities  held  by  him  to  five  hundred  dollars 
($500)  and  over,  and  denies  that  said  petitioner  is  a  creditor  of  said  alleged 

bankrupt  in  any  sum,  and  alleges  that  said  petitioner, , 

is  indebted  to  said  alleged  bankrupt  in  the  sum  of dollars 

($....)  over  and  above  all  counter  claims. 

4.  Denies  any  knowledge  or  information  sufficient  to  form  a  belief  as  to 
the  allegations  of  the  petition  that  said  alleged  bankrupt  has  less  than  twelve 
creditors. 

5.  Denies  that  said  bankrupt  has  committed  an  act  of  bankruptcy  as 

alleged  in  the  petition,  or  that  said should  be  declared 

bankrupt  for  any  cause. 

Wherefore,  he  prays  a  hearing  thereon,  and  that  the  petition  be  dismissed 
with  costs. 

> 

Attorney  for  Creditor, 

Street, 

[Verification.] 


FORM  No.  22. 

DEMAND  FOR  JURY  TRIAL. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Banhrupf. 


No. 


I, ,  of ,  in  said  district, 

the  alleged  bankrupt,  who  has  this  dav  filed  an  answer  to  the  petition  filed 
on  the day  of ,  19 .  . .  . ,  by , 


64  FOKMS  m  BANKEUPTCY. 

and   ,  praying  for  an  adjudication  in 

involuntary  bankruptcy,  do  hereby  apply  for  and  demand  a  trial  by  jury  in 
respect  to  those  matters  concerning  which  I  am  entitled  thereto  by  the  pro- 
visions of  Section  19-a  of  the  Bankruptcy  Act. 

Dated  ,  19 

J 

Alleged  Bankrupt. 

NOTES. 

Right  absolute  to  bankrupt  as  to  questions  specified.    Sections  18  and  19, 

Elliott  V.  Toeppner,  9  Am.  B.  R.  50;  187  U.  S.  327;  47  L.  Ed.  200. 

Day  V.  Beck  and  Gregg  Hardware  Co.,  8  Am.  B.  R.  175;  114  Fed.  834;  52  C  C.  A. 
468. 

Right  denied  in  partnership  petition  upon  answer  denying  membership  in  firm  by 
individual. 

In  re  Fook  Woh  &  Co.,  36  Am.  B.  .R.  419. 

Creditors  cannot  demand  a  jury  trial. 

In  re  Herzikopf ,  9  Am.  B.  R.  145 ;  121  Fed.  544. 

Bankrupt  must  apply  for  within  time  limited  in  Act. 

In  re  Xeasmith,  17  Am.  B.  R.  128;  147  Fed.  160;  77  C.  C.  A.  402. 

\Mien  act  charged  is  a  transfer  of  property  witli  intent  to  prefer  and  the  answer 
admits  respondent's  insolvency  and  act  charged,  but*merely  denies  the  intent  this  does 
not  raise  an  issue  entitling  him  to  a  jury  trial. 

In  re  Harris,  19  Am.  B.  R.  204;   155  Fed.  216. 

The  proceedings  on  a  jury  trial  held  under  this  provision  of  the  Act  are  the  same 
in  form  as  on  the  trial  of  an  ordinary  action  at  law  in  a  Federal  coiu"t  and  if  error  is 
committed,  it  can  only  be  reviewed  on  an  application  for  a  new  trial  or  on  a  writ  of 
error  and  not  by  appeal. 

In  re  Ward,  20  Am.  B.  R.  482;  161  Fed.  755. 

Moss  V.  Franklin  Coal  Co.,  11  Am.  B.  R.  423;  125  Fed.  998;  aflPd  In  re  Neasmith, 
17 'Am.  B.  R.  128;   147  Fed.  160;  77  C.  C.  A.  402. 


rOKMS  IX  BANKRUPTCY. 


65 


FORM  No.  23. 

[Ol)icial.\ 
ORDER  FOR  JURY  TRIAL. 

In  the  District  Court  of  the  Uuited  States, 

for  the District  of 

In  Bankruptcy, 


In  the  Matter 

OF 


At ,  in  saiil  District,  on  the 

,  19 


day  of 


Upon  the  demand  in  writing  filed  l)y ,  alleged  to  he 

a  bankrupt,  that  the  fact  of  the  commission  l)y  liim  of  an  act  of  l)ankruptcy, 
and  the  fact  of  his  insolvency  ma}^  he  inquired  of  by  a  jurv',  it  is  ordered,  that 
said  issue  be  submitted  to  a  jury. 


Clerl: 


Seal  of 
the  Court, 


NOTES. 
Tliis  order  not  used  in  many  jurisdictions,  including  Southern  district  of  New  York. 


ee 


FORMS  IX  BAXKKUPTCY. 


FORM  No.  24. 

NOTICE   OF   TRIAL  IN   INVOLUNTARY   PROCEEDING. 

TTnited  States  District  Court, 

for  the District  of : 


In  Bankruptcy, 


In  Till-:  ^Iattku 

OF 


V^o. 


Alleged  Banlrupl. 


Please  take  notice  that  the  issues  raised  hy  the  petition  and  answer  filed 
herein,  will  be  brought  on  for  a  trial  and  a  motion  will  be  made  for  judgment 
as  prayed  for  in  the  petition,  [or  to  dismiss  the  petition  herein],  at  a  term 

of  this  court,  to  be  held  in  and  for  the District , 

at  the  court  room,  in  the  United  States  Court  House,  in  the  City  of 

,  on  the day  of ,  19 .... ,  at 

o'clock  in  the noon  of  that  day,  or  as  soon  thereafter  as  counsel  can 

be  heard,  and  for  the  costs  of  this  proceeding. 

Dated, , , ,  19 ... . 

Yours,  etc. 


Attorneys  for  Petitioners. 
[or  alleged  Bankrupt.] 
Street, 


To 


Messrs 

.1  llorneys  for 


FOEMS  IN  BANKRUPTCY. 


67 


FORM  No.  25. 

ORDER  EXTENDING  TIME   TO  ANS"WER. 


At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

Court  House,  City  of   ,  on 

the day  of ,  19 .  . 


Present  ; 
ITon. 


District  Judge. 


Ix  THE  Matter 

OF 


Alleged  Banl-rnpt. 


Upon  the  notice  of  appearance  herein  of  ,  an  opposing 

creditor,  on  all  the  proceedings  heretofore  had  herein,  and  on  motion  of 
,  attorneys  for ,  it  is  hereby 

Ordered  that  the  time  of to  plead  to  the  petition 

of to  have adjudged  an  invol- 
untary bankrupt,  be,  and  it  hereby  is  extended  to  and  including , 

19 


District  Judge. 


6S 


FOEMS  IX  BAXKRUPTCY. 


FORM  No.  26. 

CONSENT    TO    "WITHDRAW^    ANSVTER    AND    FOR   ADJUDICATION. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  Mattek 
or 


Banl-rupt. 


^Xo. 


I  hereby  withdraw  the  answer  heretofore  filed  by  me  on  the 

day  of ,  19.  . .  .,  in  the  above  entitled  proceeding  on  behalf 

of ,  bankrupt,   (or  creditor,)   and  consent  that 

an  order  of  adjudication  in  bankruptcy  be  entered  herein  without  further 
notice. 

Dated , , ,  19.  . . 


Attorney  for 


NOTES. 

Debtor  may  withdraw  opposition  to  petition  at  any  time  without  notice  to  his 
creditors. 

In  re  Billing,  17  Am.  B.  R.  80;  145  Fed.  395. 


FORMS  IN  BANKRUPTCY.  69 

FORM  No.  27. 

ORDER  OF  ADJUDICATION  AND  REFERENCE. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 


In  the  Matter 

OP 


Bankrupt. 


In  Bankruptcy  No. 


At ,  in  said  District,  on  the day  of 

,  A.  D.  19 .  .  . ,  before  the  Honorable , 

Judge  of  the  said  Court  in  Bankruptcy,  the  petition  of 

that  he  be  adjudged  bankrupt,  within  the  true  intent  and  meaning  of  the 
Acts  of  Congress  relating  to  bankruptcy,  having  been  heard  and  duly  con- 
sidered, the  said 


hereby  declared  and  adjudged  bankrupt  accordingly. 
*And  it  is  further  ordered  that  the  said  matter  l^e  referred  to. 


one  of  the  referees  in  bankruptcy  of  this  Court,  to  take  all  such  further  pro- 
ceedings therein  as  are  required  by  said  Acts  of  Congress,  and  all  such  acts 
therein  as  the  C^ourt  might  take  or  perform,  except  such  as  by  law  or  the  gen- 
eral orders  of  the  Supreme  Court  are  required  to  be  performed  by  the  Judge; 

and  that  the  said  bankrupt  shall  attend  before  said  referee  on  the 

day  of ,  19 .  . .  . ,  at o'clock  .  . .  M.,  and  thenceforth 

shall  submit  to  such  orders  as  may  ])e  made  by  said  referee  or  by  the  Court 

relating  to said  bankruptcy. 

Witness,  the  Honorable ,  Judge  of  tlie  said  Court, 

and  the  seal  thereof,  at  the  City  of ,  in  said  District,  on  the 

day  of ,  A.  D.  19 


District  Judge. 
Clerk. 


TO  foe:ms  in  baxkruptcy. 

NOTES. 

Adjudication.     Sec.  18-e,  f  and  g. 

In  involuntary  cases,  when  proper  service  has  been  made  upon  alleged  bankrupt  and 
there  is  no  appearance  by  him  or  any  of  his  creditors,  court  must  either  adjudicate  or 
dismiss  the  proceeding. 

In  re  Billing,  17  Am.  B.  R.  80;  145  Fed.  395. 

Practice  in  the  Seventh  Circuit. 

In  re  King,  24  Am.  B.  R.  606;  179  Fed.  694;  103  C.  C.  A.  240. 

Adjudication  within  less  than  five  days  voidable  by  creditors. 

B-R  Electric  and  Telephone,  etc.,  Co.  v.  Aetna  Life  Insurance  Co.  (C.  C.  A.  8th 
Cir.),  30  Am.  B.  R.  424;  206  Fed.  885;  124  C.  C.  A.  545. 

Death  of  alleged  bankrupt  after  the  filing  of  an  involuntary  petition  but  prior  to 
service  does  not  abate  the  proceeding. 

Shute  V.  Patterson  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  99;  147  Fed.  509;  78  C.  C.  A. 
75. 

Adjudication  of  partnership  after  death  of  partner. 

In  re  Coe,  19  Am.  B.  R.  618;   157  Fed.  308. 

Jurisdiction  to  adjudicate  a  partnership  organized  less  than  six  months. 

In  re  Mitchell  and  Co.,  31  Am.  B.  R.  814;  211  Fed.  778;  aff'd,  33  Am.  B.  R.  463;  219 
Fed.  690;  135  C.  C.  A.  362. 

Practice  as  to  direction  of  verdict  on  trial  of  issues  of  insolvency. 

In  re  Iron  Clad  M'fg  Co.  (C.  C.  A.  2d  Cir.),  28  Am.  B.  R.  628;  197  Fed.  280;  116 
C.  C.  A.  642. 

Subsequent  insanity  does  not  abate  proceeding. 

In  re  Kehler  (C.  C.  A.  2d  Cir.),  19  Am.  B.  R.  513;   159  Fed.  55;   86  C.  C.  A.  245. 

Court  should  act  promptly  and  adjudicate  when  no  answer  is  filed 

Acme  Harvester  Co.  v.  Beekman  Lumber  Co.  (U.  S.  Sup.),  27  Am.  B.  R.  262;  222 
U.  S.  300;  56  L.  Ed.  208. 

When  judge  is  absent  from  district,  clerk  must,  "  forthwith  refer  the  case  to  the 
referee." 

In  re  Polakoff,  1  Am.  B.  R.  358. 

Judge  in  absence  of  personal  objection  may  refer  a  proceeding  to  any  referee  within 
the  district  to  subserve  the  convenience  of  parties. 

In  re  Western  Investment  Co.,  21  Am.  B.  R.  367;  170  Fed.  677. 

But  not  to  a  referee  in  another  district. 

In  re  Schenectady  Eng.  and  Cons.  Co.  (D.  C.  X.  Y.),  17  Am.  B.  R.  279;  147  Fed.  863. 

No  presumption  arises  from  adjudication  of  insolvency  at  time  of  prior  preference 
obtained. 

McXeel  v.  Folk   (W.  Va.  Sup.  Ct.  of  App.),  33  Am.  B.  R.  234. 

Effect  of  an  adjudication. 

Neustadter  et  al.  v.  The  Chicago  Dry  Goods  Co.,  3  Am.  B.  R.  96;  96  Fed.  830. 

In  re  Billing  (supra). 

In  re  Am.  Brewing  Co.,  7  Am.  B.  R.  471;  112  Fed.  752. 

Watson  V.  Merrill  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  453;  136  Fed.  359;  69  C. 
C.  A.  185. 

On  .State  statute. 

Continental  B.  and  L.  Assn.  v.  Superior  Court,  28  Am.  B.  R.  873. 

In  re  McCrum  (C.  C.  A.  2d  Cir),  32  Am.  B.  R.  604;  214  Fed.  207;  130  C.  C.  A.  555. 

As  determining  insolvency. 

Lazarus  v.  Eagen,  30  Am.  B.  R.  287;  206  Fed.  518;  decree  modified.  209  Fed.  1004; 
126  C  C.  A.  665. 

The  issue  as  to  whether  a  corporation  is  amenable  to  the  Act  is  not  jurisdictional 
and  is  concluded  by  the  adjudication. 


FOEMS  IN  BAXKRUPTCY.  71 

In  re  First  Nat.  Bank  of  lielle  Fourchc  (C.  C.  A.  8th  Cir.),  18  Am.  B.  K.  2G6; 
152  Fed.  64;  81  C.  C.  A.  260. 

Confers  jurisdiction  complete  and  exclusive  both  in  ro/i  and  in  personam. 

Carter  v.  Hobbs,  1  Am.  B.  R.  215;  92  Fed.  594. 

Manson  v.  Williams  (C.  C.  A.  1st  Cir.),  18  Am.  B.  K.  674;  153  Fed.  525;  82  C.  C.  A. 
475;  aff'g  s.  c.  17  Am.  B.  R.  826. 

In  re  First  Nat.  Bank  of  Belle  Fourche  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  266;  152 
Fed.  64;  81  C.  C.  A.  260. 

Effect  of  on  statute  of  limitations. 

Cannon  v.  Prude  (Ala.  Sup.  Ct.),  30  Am.  B.  R.  276. 

Bankrupt  nut  to  be  rcj^arded  as  civilly  dead  from  adjudication  to  appointment  of 
trustee. 

Plaut  V.  Gorham  Mf'g  Co.  (D.  C.  X.  Y.),  23  Am.  B.  R.  42;  174  Fed.  852. 

Bankruptcy  Court  may  adjudicate  a  corporation  even  though  its  property  is  in 
possession  of  receivers  appointed  in  a  .State  court. 

'     In  re  C.  iNloench  and  Sons   (C.  C.  A.  2d  Cir.),  12  Am.  B.  R.  240;    130  Fed.  685; 
66  C.  C.  A.  37. 

Corporation  not  dissolved  by  adjudication. 

Nat.  Surety  Co.  v.  Medlock,  19  Am.  B.  R.  654;  2  Ca.  App.  665. 

Proceedings  under  State  Act  for  the  sale  of  the  assets  of  an  insolvent  corporation 
under  writ  of  fieri  facias  does  not  work  a  dissolution  of  the  corporation  so  as  to  defeat 
the  jurisdiction  of  a  court  of  bankruptcy  to  adjudge  it  a  bankrupt. 

Cresson  and  Clearfield  Coal  and  Coke  Co.  v.  Stauffer  (C.  C.  A.  3d  Cir.),  17  Am.  B. 
R.  573;  148  Fed.  981;  78  C.  C.  A.  609. 

If  an  adjudication  is  supported  by  a  sufficient  allegation  and  proof  of  an  act  of. 
bankruptcy,  it  cannot  be  set  aside  on  appeal  because  other  acts  alleged  were  neither 
properly  pleaded  nor  sufficiently  proved. 

In  re  Lynan  (C.  C.  A.  2d  Cir.),  11  Am.  B.  R.  466;  127  Fed.  123;  62  C.  C.  A.  123. 

Adjudication  cannot  be  attacked  for  first  time  on  discharge  by  a  creditor  Avho  had 
proceeded  thus  far  under  it. 

In  re  Polakoff  (supra). 

In  re  Mason.  3  Am.  B.  R.  599  (and  foot  note) ;  99  Fed.  256. 

Duty  of  trustee  to  file  copy  of  adjudication  in  counties  where  bankrupt  liolds  real 
estate  under  Sec.  47 -c.  Statute  merely  directory  and  failure  to  do  so  does  not  affect 
title. 

Hull  V.  Burr,  26  Am.  B.  R.  897. 

No  collateral  attack. 

Edelstein  v.  Inited  States  (C  C.  A.  8th  Cir.),  17  Am.  B.  R.  649;  149  Fed.  636;  79 
C.  C.  A.  328. 

Huttig  Mfg.  Co.  V.  Edwards  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  349;  160  Fed.  610: 
87  C.  C.  A.  521. 

Dempster  v.  Waters-Pierce  Oil  Co.  (In  re  Dempster)  (C.  C.  A.  8th  Cir.),  22  Am. 
B.  R.  751;  172  Fed.  353;  97  C.  C.  A.  51. 

In  re  Walrath.  24  Am.  B.  R.  541 ;  175  Fed.  243. 

Sabin  v.  Larkin-Green  Logging  Co.  (D.  C.  Ore.),  34  Am.  B.  R.  210;  218  Fed.  984; 
aff'd,  35  Am.  B.  R.  86;  222  Fed.  814. 

Effect  of  individual  adjudication  on  firm  liabilities. 
In  re  Meyers,  3  Am.  B.  R.  260;  97  Fed.  753. 
In  re  Morrison,  11  Am.  B.  R.  498:  127  Fed.  186. 
Compare  In  re  Feigenbaum,  7  Am.  B.  R.  339. 
In  re  Laughlin,  3  Am.  B.  R.  1 ;  96  Fed.  589. 


72  FORMS  IN  BANKEUPTCY. 

Jarecki  Mfg.  Co.  v.  McElwaine,  5  Am.  B.  R.  751. 

In  re  Kaufman,  14  Am.  B.  R.  393;  136  Fed.  262. 

Loomis  V.  Wallblom,  13  Am.  B.  R,  687;  94  Minn.  392. 

American  Steel  and  Wire  Co.  v.  Coover,  25  Am.  B.  R.  58. 

See,  In  re  McFaun,  3  Am.  B.  R.  66;  96  Fed.  .j92;  where  there  was  no  notice  to 
firm  creditors. 

Effect  of  not  giving  notice  to  non-joining  partner. 

In  re  City  Contracting  and  Building  Co.  (D.  C.  Haw.),  29  Am.  R.  B.  171. 

If  adjudication  is  of  the  partnership  firm  only,  the  discharge  following  is  only  of 
firm  debts. 

In  re  Hale,  6  Am.  B.  R.  35;  107  Fed.  432. 

Dodge  V.  Kaufman,  15  Am.  B.  R.  542;  46  Misc.   (X.  Y.)   248. 

See,  In  re  Bertenshaw  (C.  C.  A.  8th  C^r.),  19  Am.  B.  R.  577;  157  Fed.  363;  85 
C.  C.  A.  61. 

In  re  McMurtrey  and  Smith,  15  Am.  B.  R.  427;  142  Fed.  853. 

When  not  res  adjudicata. 

In  re  Letson  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  506;   157  Fed.  78;  84  C.  C.  A.  .582. 

Hussey  v.  Richardson-Roberts  Dry  Goods  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R. 
511;  148  Fed.  598;  78  C  C.  A.  370. 

If  the  petition  charges  different  acts  of  bankruptcy,  and  the  adjudication  does  not 
reveal  upon  which  one  of  them  it  proceeded,  it  does  not  render  any  particular  charge 
res  adjudicata  (dictum).  In  re  Julius  Bros.  (C.  C.  A.  2d  Cir.),  32  Am.  B.  R.  699, 
217  Fed.  3;  133  C.  C.  A.  328. 

As  to  petitioning  creditor's  claim. 

In  re  Harper  (D.  C.  N.  Y.),  23  Am.  B.  R.  918;  175  Fed.  412. 


I 


FORM  No.  28. 

ORDER  OF  REFERENCE  IN  JUDGE'S  ABSENCE. 

[Official.] 

In  the  District  Court  of  the  United  States, 

for  the District  of , 


In  thk  Matter 
OP 


Bankrupt. 


In  Bankruptcy  No. 


Whereas,  on  the day  of ,  A.  D.  19 

a  petition  was  filed  to  have ,  of ,  in  the 

county  of ,  and  district  aforesaid,  adjudged  a  bankrupt 


FOHMS  IN  BANKRUPTCY.  73 

according'  to  the  provisions  of  the  Acts  of  Congress  relating  to  bankruptcy; 
and  whereas,  the  judge  of  said  court  was  absent  from  said  district  at  the 
time  of  tiling  said  petition  (or,  in  case  of  involuntary  bankruptcy,  on  the  next 
day  after  the  last  day  on  which  pleadings  might  have  been  tiled,  and  none 
have  been   tiled  by  the  bankrupt  or  any  of  his  creditors),  it  is  thereupon 

ordered  that  the  said  matter  be  referred  to ,  one  of  the 

referees  in  bankruptcy  of  this  court,  to  consider  said  petition  and  take  such 

proceedings  therein  as  are  required  by  said  acts;  and  that  the  said 

shall  attend  before  said  referee  on  the day  of 

A.  1).  19 ,  at 

Witness  my  hand  and  the  seal  of  the  said  court,  at . ,  in 

said  district,  on  the day  of ,  A.  D.  19 .  .  . . 


Clerk. 


f   Seal    of    I 
1  the  Court.  J 


NOTES. 


158. 


Under  hand  of  clerk  and  seal  of  court. 

In  re  L.  Humbert  Co.,  4  Am.  B.  R.  76;  100  Fed.  439. 

In  re  Murray.  3  Am.  B.  R.  601;  96  Fed.  600. 

Autliority  may  be  exercised  by  deputy  clerk. 

(iilbertson  v.  U.  S.  (C.  C.  A.  7th  Cir.),  22  Am.  B.  R.  32;   168  Fed.  672;  94  C.  C.  A. 

Contra.     Bray  v.  Cobb,  1  Am.  B.  R.  153;  91  Fed.  102. 


FORM  No.  29. 

ORDER  OF  ADJUDICATION  BY  REFEREE. 


In  the  District  Court  of  the  United  States, 
for  the District  of 


In  the  ilATTEK 
OF 


Bankrupt. 


In  Bankruptcy  No. 


J 


At in  said  district,  on  the day  of 

A.  D.  19 ... ,  before Esq.,  Referee,  the  petition 

of , and that  said 


74  FORMS  IN  BANKRUPTCY. 

be  adjudged  a  bankrupt  within  the  true  intent  and  mean- 
ing of  the  Acts  of  Congress  relating  to  bankruptcy  having  been  filed  with  the 
referee,  together  with  the  certificate  of  the  clerk  of  said  court,  that  the  Judge 

of  said  court  was  absent  from  the division  of  the  

district  of on  the  next  day  after  the  last  day  on  which 

pleadings  might  have  been  filed,  and  that  no  pleadings  have  been  filed  l)y  said 
alleged  bankrupt  nor  by  any  of  his  creditors,  and  that  said  matter  has  been 
referred  to  this  referee  in  accordance  with  law ;  and  said  petition  having  been 
heard  and  duly  considered,  now^  it  is  ordered  that  the  said  petition  be  granted 

and  the  said   is  hereby  declared  and  adjudged  bankrupt 

accordingly. 

Witness, Referee  in  Bankruptcy  for  the 

division  of  the district  of on  the 

dav  of A.  D.  19 ...  . 


1 


Referee  in  Bankruptcy. 
NOTES. 


Sec.  18-f,  z.  38-a  (1). 

General  Order  XII. 

In  re  Sage  (D.  C.  Mo.),  35  Am.  B.  R.  436;  224  Fed.  525. 

In  re  Polakofif.  1  Am.  B.  R.  358. 


FORM  No.  30. 

ORDER   DENYING   ADJUDICATION. 


United  States  District  Court. 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Allerjed  Bankrupt. 


No. 


At in  said  District,  on day  of , 

A.  D.  19 .  . .  .,  before  the  Honorable ,  Judge  of  the 

District  of 

This  cause  came  on  to  be  heard  at ,  in  said  court,  upon 

the  petition  of and and  


FORMS  IN  BANKliUPTCY. 


75 


,  that be  adjudged  a  bankrupt  witliiii 

the  true  intent  and  meaning  of  the  Acts  of  Congress  relating  to  bankruptcy, 
and  (here  state  the  proceeding,  whether  there  was  no  o})j)osition,  or  if  opposed, 
state  what  proceedings  were  had). 

And  thereupon,  and  upon  consideration  of  the  i)roofs  in  said  cause  (and 
the  arguments  of  counsel  thereon,  if  any),  it  was  fouiul  that  the  facts  set 
forth  in  said  petition  were  not  proved ;  and  it  is  therefore  adjudged  that 
said  is  not  a  l)ankrupt,  and  that  said  petition  be  dis- 
missed, with  costs. 

Witness,  the  Honorable ,  Judge  of  said  court,  and  tlie 

seal  thereof,  at ,  in  said  District,  on  the 

day  of ,  A.  D.  19 


r    Seal    of    ] 
i  the  Court.  J 


District  Judge. 


NOTES. 
Xeustadter  v.  Chicafro  Drv  Goods  Co.,  3  Am.  B.  R.  96;  96  Fed.  830. 


FORM  No.  31. 

ORDER     DISMISSING     PETITION,      VACATING     RECEIVERSHIP     ANP 
NOTICE    OF    SETTLEMENT. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   held  at  the 

United  States  Court  House,  City  of 

. .  - ,  on  the day 

of   ,  19 

Present: 

Hon 


District  Judge. 


IN'   the   ^r.VTTER 
OF 


V    Xo, 


Alleged  Banl-rupt. 


The  issues  raised  hy  the  petition  and  answer  in  above  entitled  proceeding 

having  been  duly  noticed  for  trial  for 19 by 

,  an  answering  creditor  (or  alleged  bankrupt)  herein,  and 


76 


FOKMS  IN  BANKEUPTCY. 


the  same  having  duly  appeared  upon  the  calendar  of  this  court  for  trial  on 
said  date^  and  duly  called  for  triai^  and  the  petitioning  creditors  having 
defaulted  thereon, 

Now  on  motion  of ,  attorneys  for , 

answering  creditor  (or  alleged  bankrupt), 

It  is  ordered  that  the  petition  herein  Ije  and  the  same  hereby  is  dismissed 

(and  the  order  herein,  appointing   ,  as  receiver  be, 

and  the  same  hereby  is  vacated)    (and  the  order  of  this  court  dated 

,  19. . . .,  restraining  creditors  be  and  the  same  hereby  is  vacated). 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


D.J. 


Ix  THE  Matter 

OF 


Alleged  Bankrupt. 


y    No. 


Sirs: 

Please  take  notice  that  we  will   present  the  annexed  proposed  order  for 

settlement  to  the  Hon ,  at  his  Chambers  at  the  U.  S.  Court 

House,  City  of on  the day  of , 

19 .  . .  .,  at o'clock  in  the noon. 

Yours,  etc., 


Atty.  for  Creditors,  (or  bankrupt,) 

Street, 


To 


,Esq., 

Atty.  for  petitioning  creditors, 

,l^sq., 

Eeceiver, 


FORMS  IN  BANKRUPTCY. 


77 


FORM  No.  32. 

ORDER  REFERRING  ISSUES   TO    SPECIAL  MASTER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

United  States  Court  House,  City  of .  . . . 

,  on  the day 

of   ,  19 


Present  : 
Hon. 


District  Judge. 


In  the  jMattku 

OF 


Alleged  Bankrupt. 


V    No, 


A  petition  having  been  filed  herein  on  the day  of 

19 .  . .  . ,  by ,  and  others  praying  that 

be  adjudged  an  involuntary  bankrupt  and   ,  the  alleged 

bankrupt,  (or  a  creditor  herein,)  having  appeared  and  filed  an  answer  to  said 
petition  and  said  proceeding  having  been  duly  noticed  for  trial  (and  the 
same  having  a])peared  upon  the  calendar  of  this  court). 

Now  upon  motion  of ,  attorney  for , 

it  is 

Ordered  that  the  issues  raised  by  the  petition  and  answer  in  tlie  above 

entitled  proceeding  be  and  hereby  are  referred  to ,  Esq.,  as 

Special  Master  for  examination,  testimony  and  report. 


D.  J. 


NOTES. 

Issues  raised  by  petition  and  answer  may  he  referred  to  special  master. 

In  re  Lavoc  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  400;  134  Fed.  237;  67  C.  C.  A.  19. 

Clark  et  al.  v.  Amerioan  Mf-i.  etc.  Co.  (C.  C.  A.  4th  Cir.).  4  Am.  B.  R.  351;  101 
Ped.  962;  42C.C.  A.  120. 

W.  A.  Gage  Co.  v.  Bell,  10  Am.  B.  R.  69G;  124  Fed.  .371. 

Compare  In  re  King  (C.  C.  A.  7th  Cir.),  24  Am.  B.  R.  606;  179  Fed.  694;  103  C.  C. 
A.  240. 


FOEMS  IN  BANKEUPTCY. 
FORM  No.  33. 

NOTICE    OF    HEARING    BEFORE    SPECIAL    MASTER. 


United  States  District  Court, 

for  the District  of 

111  Bankruptcy. 


In  the  ^Iatter 

OF 


Bankrupt. 


Xo. 


Xotice  of  hearing. 


Sir: 

Please  to  take  notice,  that   a  hearing  under   the  order  of  reference 

entered  on ,  in  the  above  entitled  proceeding  will  he  brought 

on  before   ,  Esq.,  as  Special  Master,  at  his  office,  Xo. 

Street.  City  of  ,  on  the   day 

of ,  19 .  . ,  at o'clock M.  of  that  day,  or  soon 

thereafter  as  counsel  can  be  heard. 

Dated  the day  of 19 

Yours,  etc.. 

Attorney  for , 


To 


Esq., 


Attorney  for 


FORMS  IX  BAXKIJUPTCY.  79 


FORM  No.  34. 

EXCEPTIONS    TO    SPECIAL    MASTER'S    REPORT    ON    ISSUES    OF 

INSOLVENCY,    ETC. 

United  States  District  Court, 

District  of : 


Is  TiiH  ^Iattek 

OF 


Alleged  Bankrupt. 


Now  comes of  the  City  of , 

a  creditor  of  the  above  named  alleged  bankrupt,  and  files  the  following  excep- 
tions to  the  report  of ,  Referee  in  Bankruptcy,  as 

Special  blaster  under  the  order  of  reference  made  in  the  above  entitled  pro- 
ceeding, which  report  is  dated  the   day  of , 

19.  . .  .,  and  was  filed  in  the  office  of  the  clerk  of  the  District  Court  of  the 

United  States  for  the District  of ,  on  the 

day  of ,  19 .... ,  viz. : 

First.    He  excepts  to  the  finding,  decision  or  conclusion  of  the   Special 

Master  that  the  evidence  shows  that  on  the day  of , 

19....,   the  said  alleged  bankrupt  was  insolvent  as  defined   Ijy   the   Bank- 
ruptcy Act  and  to  each  and  every  part  thereof. 

Second.    He  excepts  to  the  finding,  decision  or  conclusion  of  the  Special 

Master  that  the  said  alleged  bankrupt  did  on  the  day  of 

,   19...,  commit  an  act  of  bankruptcy  as  set  forth  in  the 

petition  in  bankruptcy  filed  herein  as  follows :   

and  to  each  and  every  part  thereof. 

Third.  He  excepts  to  the  finding,  decision  or  conclusion  of  the  Special 
Master  that  a  decree  of  adjudication  should  be  made  herein  and  to  each  and 
every  part  of  such  finding,  decision  or  conclusion. 

Dated the day  of ,19 

Attorney  for 

Creditor. 


80  FOEMS  IN  BANKliUPTCY. 


FORM  No.  35. 

ORDER  DISMISSING  INVOLUNTARY  PETITION  AND   OVERRULING 
REPORT  OF  SPECIAL  MASTER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

in  the  City  of 

,  on  the day 

of   ,  lU... 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Alleged  Bankrtipt. 


A  petition  having  heen  filed  herein  in  involuntary  hankruptcy  praying  for 

an  adjudication  of   as  an  involuntary  bankrupt  and 

an  answer  having  been  filed  on  behalf  of a  creditor  of  said 

alleged  bankrupt  and  said  matter  having  been  duly  referred  to 

as  Special  blaster  for  the  purpose  of  taking  testimony  therein  and  reporting 
his  opinion  thereon,  and  the  said  Special  Master  having  filed  his  report  herein 

dated  the day  of ,  191 .... ,  finding  in  favor 

of  the  petitioner  and  recommending  an  adjudication  that be 

adjudged  an  involuntary  ban-krupt  and  a  motion  to  confirm  said  report  having 

come  on  for  a  hearing  before  this  Court  on day  of , 

191...., 

Now,  upon  the  petition  filed  herein  on  the day  of , 

191 .  . .  . ,  and  the  answer  of filed  herein  on  the 

day  of ,  191.  . . .,  and  the  order  referring  this  matter  to  the 

Special  Master  dated  the   day  of ,  191 .... , 

and  thq  testimony  taken  before  said   Special  Master  and  the  report  of  the 

Special  Master  dated  the day  of ,  191 

and  upon  all  other  papers  and  proceedings  had  herein  and  after  hearing 


FOKMS  IN  BAXKRUPTCY 


81 


Esq.,  in  support  of  said  motion,  and Esq., 

ill  opposition  thereto  and  due  deliberation  having  been  had,  it  is  on  motion 
of , 

Ordered  that  tlie  report  of  the  Special  ^Master  be  and  same  is  hereby  over- 
ruled and  set  aside,  and  it  is  therefore 

Adjudged  that  said    is  not  a  bankrupt  and  that  said 

petition  in  bankruptcy  filed  the   day  of   , 

19 .... ,  by   ,  be  dismissed  with  costs  and  disbursements  to 

creditors  to  be  taxed  by  the  Court. 


D.J. 


FORM  No.  36. 

ORDER  CONFIRMING  REPORT  OF  SPECIAL  MASTER  DISMISSING 
PETITION  AND  REFERRING  RECEIVER'S  APPLICATION  TO 
SPECIAL  MASTER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

United  States  Court  House,  City  of  .... 

,  on  the day 

of   ,  19... 

Present  : 

Hon 


District  Judge. 


x  THE  Matter 

OF 


Allerjed  Banl-rupl. 


No. 


A  motion  having  l)eeii  made  liercin  l)y   for  an  order 

confirming  the  report  of ,  Esq.,  Special  Master,  appointed 

herein  under  an  order  dated ,  19.  . .,  and  dismissing  the  peti- 
tion in  liankruptcy  heretofore  filed  herein  with  costs  and  for  an  order  vacating 

and   discharging  the   order  of    19.  .  .  .,   appointing  a 

receiver  herein  and  for  other  and  further  relief,  and  the  said  motion  havino- 


82  FORMS  IX  BAXKKUPTCY. 

duly  come  on  for  argument,  now  on  the  involuntary  petition  in  bankruptcy 

filed  herein 19,  ....  by , 

and ,  creditors,  the  answers  filed  thereto  by 

a  creditor,  and  by   the  alleged  bankrupt,  the  order  of 

this  court  dated ,  19. . . .,  appointing 

receiver  of  the  estate  of  said  alleged  bankrupt,  the  order  of  reference  herein 

dated  ,  19.  .  .,  and  the  report  of  said  Special  Master  dated 

,  19 .... ,  and  notice  of  this  motion  with  proof  of  due  service 

thereof,  and  the  report  and  petition  of  said  ,  verified 

,  19. . . .,  for  an  allowance  for  his  services  and  disbursements 

to  be  paid  by  the  petitioning  creditors,  and  for  his  discharge  as  such  receiver, 

and  for  further  relief,  and  the  petition  of ,  attorney  for 

said  receiver,  verified    ,  19.  . .  .,  for  an  allowance  for  his 

services  and  disbursements  as  attorney  for  said  receiver,  and  on  all  the  pro- 
ceedings had  herein,  after  hearing ,  Esq.,  of  counsel  for 

,  alleged  bankrupt  herein, ,  Esq., 

attorney  for  the  petitioning  creditors  herein,  and Esq.,  attorney 

for  the  receiver  herein,  and  due  deliberation  having  been  had,  it  is 

Ordered,  that  the  report  of  said  Special  Master  herein  be  and  hereby  is 
in  all  respects  confirmed  and  that  the  petition  in  bankruptcy  filed  herein 

,  19 .... ,  praying  that  said be  adjudged 

an  involuntary  bankrupt  Ije  and  the  same  hereby  is  dismissed  with  $ 

costs  and  disbursements,  as  taxed,  which  said  sum,  , 

and are  hereby  directed  to  pay  to  the 

said ,  alleged  bankrupt,  and  it  is  further 

Ordered  that  the  matters  of  the  said  report,  application  and  petition  of 

Esq.,  receiver  herein,  and  the  petition  of  his  said 

attorneys  filed  herein  ,  19 ... .  be  and  the  same  hereby 

are  referred  to ,  Esq.,  as  Special  Master  for  examination. 

testimony  and  report  thereon  with  all  convenient  speed. 


D.J. 


rOEMS  IN  BAXKHUPTCY. 


83 


FORM  No.  37. 

RESPONDENT'S  BIEE  OF  COSTS  AND  NOTICE  OF  TAXATION. 


United  States  J)istrict  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  TUB  Mattkr 

OF 


lUinhrupi . 


Costs. 

Docket  ie-i    

Disbursements. 
Fees  of  special  commissioner.  . 

Stenographer's  minutes    

Witness  fees  paid  to 

[State  names  and  distance 
traveled.] 
Total   


!i?"20.00 


Countv  of 


District  of 


ss. 


tl)e  attorney  for  the  above  named , 

the  respondent  licrciii.  lieiiijx  duly  sworn,  says,  that  the  foregoing  disbursements 
have  l)een  actually  ])aid  and  that  eacli  of  the  persons  above  named  as  wit- 
nesses actually  attended  as  such  M'itnesses  on  the  trial  of  this  proceeding  and 
traveled  the  distances  set  opposite  their  respective  names 


Sworn  to  liefore  me  this day  of ,  19 .  .  . 

Pleark  take  notice,  that  the  witliin  is  a  copy  of  the  items  of  costs  and  dis- 
bursements of  the  respondent  in  the  within  proceeding  and  that  the  same  will 

bo  taxed  by  the  clerk  of  the  District  Court  of  the  United  States  for  the 

District  of ,  at  his  office  in  the  Federal  Building 


84  FOKMS  IX  BANKEUPTCY. 

in  the  City  of ,011  the day  of , 

19....,  at .    o'clock  in  the  forenoon  of   that  day,  and  the  amount 

inserted  in  the  order. 

Yours,  etc. 


Attorneij  for 

Bankrupt. 
To   ,  Esq., 

Ailorneij  for  petitioning  creditors. 


FORM  No.  38. 

AFFIDAVIT  AND  ORDER  TO  SHOAV  CAUSE  W^HY  BANKRUPT  SHOULD 
NOT  BE  PUNISHED  FOR  CONTEMPT  FOR  FAILURE  TO  FILE 
SCHEDULES. 

United  States  District  Court, 

District   of    : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No, 


State  of , 

County  of 

being  duly  sworn  deposes  and  says,  that  he  is  a 

clerk  in   the   office  of    attorney  for  petitioning  creditors 

herein. 

That  on  the   day  of   ,  19 .... ,  the  above 

named  bankrupt  was  duly  adjudicated  by  an  order  entered  in  the  office  of 
the  clerk  of  this  jCourt. 

That  thereafter  on  the  day  of   ,  19 .... , 

deponent  personally  served  the  said  bankrupt  with  a  certified  copy  of  said 
order  of  adjudication  at  No street,  in  the  City  of 


FOEMS  IX  BAXKEUPTCY.  85 

'I'hat  deponent  knew  that  said  person  so  served  by  him  was  the  bankrupt 
herein. 

That  deponent  is  informed  and  verily  believes  that  numerous  demands  have 

been  made  upon  the  said   to  lile  his  schedules  in  bankruptcy 

in  order  that  the  administration  of  this  2:)roceeding  may  not  be  delayed,  but 
that  these  demands  have  not  been  complied  Avith  and  the  said  bankrupt 
eojitinues  to  neglect  to  file  his  schedules,  and  should  be  adjudged  in  contempt 
of  the  orders  of  this  Court. 

That  the  reason  an  order  to  show  cause  is  asked  for  herein  is  because  the 
time  is  too  short  for  notice  of  motion  for  the  next  motion  day,  and  the  admin- 
istration of  this  estate  ought  not  to  be  longer  delayed. 

Sworn   to   before  me   this    day   of    , 

in 

ORDUR  TO  SHO'W  CAUSE  THEREON. 

[Title.] 

Upon  reading  the  annexed  affidavit  of verified  the 

day  of ,  191 .  . . ,  and  sufficient  reason  appear- 
ing therefor,  it  is 

Ordered  that the  above  named  bankrupt  show  cause  at  a 

term  of  this  Court  appointed  to  be  held  in  the  Court  House  in  the  City  of .  . . 

on at o'clock  in  the noon, 

or  as  soon  thereafter  as  counsel  can  be  heard,  why  he  should  not  be  adjudged 
guilty  of  contempt  of  court  for  failure  to  file  schedules  and  why  such  other 
and  further  relief  should  not  be  had  as  may  l^e  just  and  proper. 

Service  of  a  copy  of  this  order  and  affidavit  shall  be  sufficient  by  service  upon 

said  l:)ankrupt  on  or  before  the day  of , 

191.... 

> 

D.  J. 


so 


FORMS  IX  BAXKEUPTCY. 


FORM  No.  39. 

ORDER    THAT    BANKRUPT    FILE    SCHEDULES. 

At  a  stated  term  of  the  United  States 

District  Court  for  the 

District  of    ,  held  at  the 

United  States  Court  House,  City  of 

,  on  the   day 

of   ,  19 


PliESENT : 

Hon. 


District  Judge. 


In  the  Matter 

OF 


BauLrupt. 


Xo. 


A  motion  having  been  made  to  punish  the  above  named  bankrupt  for  con- 
tempt for  failure  to  file  schedules  herein,  and  said  motion  having  come  on 
for  a  hearing  before  this  court, 

Xow,  upon  reading  and  filing  the  notice  of  motion  to  punish  the  above 

named  bankrupt  for  contempt,  and  the  petition  of  (or  affidavit)    , 

annexed  thereto;  and 

After  hearing ,  of  counsel  for  the  petitioning  creditors, 

in  support  of  said  motion,  and ,  attorney  for 

the  bankrupt  herein,  it  is 

Ordered  that   be  and  he  hereby  is  directed  to  file  his 

schedules  herein  on  or  before  the day  of 19 ... , 

and  that  upon  his  failure  to  file  such  schedules  on  or  before  said  day.  it  is 

Ordered  and  decreed  that  the  said be  adjudged  in  con- 
tempt of  court. 

D.  J. 


FOEMIS  IX  BAXKKUrTCY. 


87 


FORM  No.  40. 


AFFIDAVIT   TO   LIST    OF    CREDITORS    PREPARED    BY   PETITIONING 

CREDITORS. 

United  States  District  Court, 

for  the District  of : 

la  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


Xo, 


County  of 

District  of. 

State  of 


ss. : 


, and of 

,  boinj;  severally  duly  sworn,  depose  and  say  that  they  are 

the  petitioning  creditors  in  this  proceeding;  that  the  said , 

the  bankrupt,  is  a1)sent  from  the  said  district  and  cannot  be  found;  that  your 
petitioners  have  made  diligent  inquiry  into  his  affairs  for  the  purpose  of 
ascertaining  the  names  and  places  of  residence  of  all  of  his  creditors,  and 
according  to  the  ])est  of  their  information,  such  names  and  places  of  residence 
are  as  set  out  in  the  above  schedule. 


Subscribed  and  sworn  to  before  me 
this   day  of   19. 


88 


FOEMS  IN  BANKKUPTCY. 


FORM  No.  41. 

ORDER  DISMISSING  INVOLUNTARY  PROCEEDINGS  BY  CONSENT. 

At  a  stated  term  of  the  United  States 

District  Court  for  the 

District  of ,  held  at  the 

United  States  Court  House,  City  of  .... 
,  on  the day  of 

,19... 

Present  : 

Hon , 


District  Judge, 


In  the  Matter 
OP 


Alleged  Banl-rvpt. 


Xo. 


Upon  reading  and  filing  the  annexed  consents  of  the  creditors  herein,  the 

affidavit  of   ,  the  alleged  bankrupt,  duly  verified,  and  the 

consents  of  the  receiver  and  the  attorneys  for  the  petitioning  creditors  and 
receiver,  and  it  appearing  to  the  satisfaction  of  the  court  that  all  the  creditors, 
of  the  above  named  alleged  Imnkrupt  have  signed  said  annexed  consent,  and 

due  notice  having  been  given,  it  is,  on  motion  of ,  attorneya 

for  the  above  named  alleged  bankrupt, 

Ordered  that  the  petition  in  involuntary  bankruptcy  filed  herein  on  the 

day  of ,  19 .  .  . ,  against  the  above  named 

,  be  and  the  same  hereby  is  dismissed,  without  costs ; 

and  it  is  further 

Ordered  that receiver,  turn  over  to  the  said 

,  the  alleged  bankrupt,  all  the  property,  assets  and 

effects  now  in  his  possession,  and  that  upon  the  delivery  of  said  property  and 

assets  to  the  said ,  the  said is  hereby 

discharged  of  his  trust  and  his  bond  cancelled  and  discharged. 


D.J. 


XOTES. 

Order  dismissing  Petition. —  Notice  to  creditors  58  (a),  59  (g). 
In  re  Lederer  (D.  C.  N.  Y.),  10  Am.  B.  R.  492;  125  Fed.  96. 
In  re  Ryan,  7  Am.  B.  R.  562;  114  Fed.  373. 


FOBMS  IX  BANKKUTTCY. 


89 


Jn  re  I'lymoutu  Cordage  Co.  et  al.  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  665;  135  Fed. 
1000;    68  C.  C.   A.  43  4. 

Necfssary  except  ^vhen  upon  merits. 

In  re  Jamaica  ISlate  Koofing  and  Supply  Co.,  28  Am.  B.  R.  763;   197  P""ed.  240. 

[Ed.  Note. J      Verified  list  of  creditors  with  addresses  should  be  attached. 

Sec.  53-a  no  application  to  dismissal  upon  the  merits. 

Lackawanna  Leather  Co.  v.  La  Porte  Carriage  Co.  (C.  C.  A.  7th  Cir.),  31  Am.  B.  R. 
658;  211  Fed.  318;  127  C  C.  A.  604. 

In  re  Clialfein  (D.  C.  Mass.),  35  Am.  B.  R.  257;  223  Fed.  379. 

Xe-.istadter  v.  Chicago  Dry  Goods  Co.,  3  Am.  B.  R.  96;  96  Fed.  830. 

Costs. 

When  petition  is  dismissed  for  lack  of  jurisdiction. 

See,  In  re  i'liiladelphia  and  Lewes  Transportation  Co.  (D.  C.  l*a.),  11  Am.  15.  R. 
444;  12/  Fed.  890. 

In  re  V.  Mliams   (D.  C.  Ark.),  9  Am.  B.  R.  736;   120  Fed.  34. 

The  alleged  bankrupt  should  file  his  bill  of  costs  with  the  clerk  and  serve  notice  of 
taxation. 

In  re  Haesler-Kohlhoflf  Carbon  Co.,  14  Am.  B.  R.  381;  135  Fed.  867.  No  allowance 
to  counsel  or  for  damages. 

In  re  Chiglione,  1  Am.  B.  R.  580;  93  Fed.  186. 

In  re  Wise   (D.  C.  Wash.),  32  Am.  B.  R.  510;  212  Fed.  567. 

In  re  Hines,  16  Am.  B.  R.  538;  144  Fed.  147. 

In  re  McKenzie  (D.  C.  Wash.),  34  Am.  B.  R.  Ill;  219  Fed.  630. 

Dismissal  of  petition  tiled  by  bona  fide  creditors  in  the  absence  of  malice  will  not 
sustain  an  action  for  damages  in  the  State  court. 

Harvey  v.  Gartner  (La.  Sup.  Ct.),  34  Am.  B.  R.  301. 


FORM  No.  42. 


PETITION    TO    VACATE    ADJUDICATION    AND    DISMISS    VOLUNTARY 
PETITION  FOR  WANT  OF  JURISDICTION. 

United  States  District  Court, 

District  of : 


IX   THE   ]\rATTER 
OF 


Banl-rupt. 


Xo. 


To  the  District  Court  of  the  ITnited  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

1.  That  he  is  a  creditor  of  the  above  named having  a 

provable  claim  for in  the  sum  of  $ 


90 


FORMS  IX  BAXKRUPTCY 


2.  That  on  the day  of ,19  . .  . ,  the  said 

filed  his  voluntary  petition  in  bankruptcy  in  this  Court  and  on  said  day  was 

adjudicated  a  bankrupt  and  the  proceeding  referred  to Esq. 

one  of  the  referees  in  bankruptcy  in  this  district. 

3.  That  such  order  of  adjudication  and  reference  was  erroneous  and  should 
not  have  been  made  as  this  Court  is  entirely  without  jurisdiction  to  adjudicate 

the  said a  bankrupt  for  the  reason  that  the  said 

does  not  now  reside  nor  has  he  resided  for  the  greater  portion  of  the  six 
months  next  preceding  the  filing  of  his  said  petition,  within  the  territorial 
jurisdiction  of  this  Court  nor  has  he  had  his  domicile  or  principal  place  of 

business  therein;  but  resides  and  has  resided  at in  the  District 

of   and  the  statements  of   in  his  said 

petition  as  to  his  residence  by  which  this  Court  assumed  jurisdiction  to  adju- 
cate  him  a  bankrupt,  are  entirely  false  and  untrue. 

4.  That  the  facts  as  alleged  herein  by  petitioner  were  ascertained  as  follows ; 

5.  That  the  adjudication  herein  was  made  as  a  matter  of  course  upon  the 
filing  of  the  petition  and  without  any  opportunity  to  creditors  to  be  heard 
in  opposition  thereto. 

Wherefore  petitioner  prays  that  the  order  or  adjudication  of 

as  a  bankrupt  dated l)e  vacated  and  his  petition  in  bank- 
ruptcy be  dismissed  for  lack  of  jurisdiction  and  for  such  other  relief  as  may 
be  just  and  proper. 


Verification.] 


Pel  Hi 


FORM  No.  43. 

PETITION    TO    VACATE    ADJUDICATION    IN    INVOLUNTARY 

PROCEEDING. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  ^Matter 

OF 


Baiikriij){. 


Xo, 


To  the  District  Court  of  the  Fnited  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

First.     That  he  resides  in  the  City  of ,  State  of 


FORMS  IX  BAXKKUPTrV.  91 

Second.     That  your  petitioner  is  a  creditor  of  said  bankrupt  and  his  claim 
is  based  upon  the  following  facts: 


lliird.     That  heretofore  "and  on  or  about  the day  of 

,  19 .  .  .,  your  petitioner  instituted  an  action  in  the 

Court  of County  against  the  above  named , 

alleged  bankrupt,  as  defendant.  That  said  action  was  brought  to  recover  the 
sum  $ ,  and  on  the day  of ,  19 . .  .,  adjudg- 
ment was  rendered  in  said  action  in  favor  of  petitioner. 

Fourth.     That  an  execution  upon  the  said  judgment  was  duly  issued  to 

the  Sheriff  of County,  the  said  judgment  having  lieen  duly 

docketed  in  the  office  of  the  Clerk  of County.  That  said  execu- 
tion was  duly  levied  upon  the  real  property  of  the  said  defendant. 

Fifth.  That  on  ,  19.  . .,  a  petition  in  involuntary  bank- 
ruptcy was  filed  in  this  court  against  the  above  named , 

and  a  receiver  appointed.    That  thereafter  an  alleged  adjudication  was  made 

therein  in  which  the  said was  declared  a  bankrupt.     The 

said  receiver  has  made  a  demand  upon  the  Sheriff  to  deliver  over  to  him  all 

the  property  of heretofore  levied  upon  under  the  execution 

obtained  by  petitioner  upon  his  said  judgment. 

Sixth.  That  your  petitioner  is  informed  and  verily  believes  that  the 
aforesaid  petition  in  bankruptcy  filed  herein  did  not  set  forth  the  jurisdic- 
tional facts  required  under  the  Bankruptcy  Act,  and  is  defective  and  void, 
and  insufficient  to  confer  jurisdiction  upon  the  court  to  proceed  therein.  That 
the  said  petition  and  subpoena  required  to  be  served  upon  the  bankrupt  by 
law,  were  never  in  fact  properly  served  upon  the  said  bankrupt,  as  required 
by  law  to  obtain  jurisdiction  over  the  said  bankrupt,  and  that  the  purported 

service  of  the  same  upon  the  said   was  illegal  and  void, 

in  that  said  petition  and  subpoena  were  alleged  to  have  been  served  outside  of 
this  district,  and  not  upon  the  bankrupt  personally  nor  by  publication.  That 
the  bankrupt  had  absconded  and  left  the  jurisdiction.  That  this  court  never 
in  fact,  acquired  any  jurisdiction  whatever  in  the  said  bankruptcy  proceeding, 
and  the  alleged  adjudication  was  for  that  reason  without  jurisdiction  and  void. 

Seventh.   That  no  previous  application  for  this  order  has  been  made. 

Your  petitioner  therefore  prays  that  an  order  be  granted  herein,  vacating 
and  setting  aside  the  alleged  adjudication  in  bankruptcy  herein,  vacating  the 
appointment  of  the  receiver  herein  and  all  proceedings  heretofore  had,  and 
dismissing  the  petition  heretofore  filed  herein. 

Dated , .19... 


[Verification.]  Petitioner. 

NOTES. 

Jlovinof  party  must  be  a  creditor  with  provable  claim. 

In  re  Columbia  Real  Estate  Co.,  4  Am.  B.  R.  411;  101  Fed.  965. 


92  FORMS  IX  BAXKRUPTCY. 

Adjudication  not  conclusive  though  not  appealed  from  and  may  be  dismissed  upon 
creditors  petition  for  lack  of  jurisdiction. 

In  re  Garneau  (C.  C.  A.  7th  Cir.),  11  Am.  B.  R.  679;  127  Fed.  677;  62  C.  C.  A.  403. 

In  re  San  Antonio  Land  and.  Irrigation  Co.  (D.  O.  N.  Y.),  36  Am.  B.  R.  512;  228 
Fed.  984. 

In  re  Guanacevi  Tunnel  Co.,  29  Am.  B.  R.  229;   201  Fed.  316;   119  C.  C  A.  554. 

Motion  to  vacate  an  adjudication  in  voluntary  proceedings  on  ground  of  lack  of 
jurisdiction  as  to  residence  denied  for  laches.  In  re  Urban  &  Suburban  Co.  (D.  C.  N. 
J.),  12  Am.  B.  R.  687;  132  Fed.  140.       . 

In  re  Tully  (D.  C.  X.  Y.),  19  Am.  B.  R.  604;   156  Fed.  634. 

In  re  Niagara  Contracting  Co.   (D.  C.  N.  Y.),  11  Am.  B.  R.  643;   127  Fed.  782. 

Granted  when  at  date  of  the  filing  of  the  petition  there  was  no  existing  provable 
debt. 

In  re  Yates  (D.  C.  Cal.),  8  Am.  B.  R.  69;  114  Fed.  365. 

See,  In  re  Ives  (C.  C.  A.  6th  Clr.),  7  Am.  B.  R.  692;  113  Fed.  911;  51  C.  C.  A.  541. 

Petition  to  vacate  granted. 

Altonwood  Park  Co.  v.  Gwynne  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  31;  160  Fed.  448; 
87  C.  C.  A.  409. 

An  adjudication  warranted  by  proof  of  an  act  of  bankruptcy  sufficiently  alleged 
may  not  be  set  aside  because  other  alleged  acts  of  bankruptcy  were  not  properly 
pleaded  and  proved. 

In  re  Lynan  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  466;  127  Fed.  123;  62  C.  C.  A.  123. 

Adjudication  is  res  adjudicata  upon  motion  to  vacate,  where  creditor  has  assented 
by  proving  his  claim. 

In  re  Hintze  (D.  C.  Mass.),  13  Am.  B.  R.  721;   134  Fed.  141. 

Entire  want  of  jurisdiction  over  the  res  may  be  taken  advantage  of  at  any  time; 
over  the  person  must  be  taken  promptly. 

In  re  Mason,  3  Am.  B.  R.  599;  99  Fed.  256. 


I 


FORM  No.  44. 

PETITION  FOR  SERVICE  BY  PUBLICATION. 


United  States  District  Court, 

District  of  ... 

In  Bankruptcy. 

In  the  Matter 

OF 


AlJefjed  Banl-riipt. 


Xo. 


To  the  Honorable  Judge  (or  Judges)  of  the  District  Court  of  the  United 
States,  for  the District  of : 

The  petition  of ,  respectfully  shows  to  this  court  and 

alleges : 

1.  That  your  petitioner  is  the  attorney  for  the  petitioning  creditors  herein. 


FOKMS  IN  BANKRUPTCY.  93 

2.  That  an  involuntary  petition  in  bankruptcy  was  filed  herein  on  the 
day  of ,  19 . . . 

3.  That  upon  the  filing  of  said  petition  herein  a  subpoena  was  duly  issued 

by  the  clerk  of  this  court  returnable  on  the day  of , 

19 ... ,  requiring  the  alleged  bankrupt  to  plead  thereto. 

4.  That  the  United  States  ]\larshal  for  this  district  has  made  return  thereon 
that  he  has  been  unable  to  serve  the  alleged  bankrupt 

5.  That  your  petitioner  has  been  informed  and  verily  believes  that  said 
alleged  bankrupt  is  not  within  the  territorial  limits  of  this  district  nor  can 
personal  service  l^e  made  upon  him  in  said  district. 

6.  That  the  present  address  of  said  alleged  bankrupt  outside  the  jurisdiction 

of  this  Court  is (or  that  the  said  alleged  bankrupt  has 

absconded  and  his  present  address  or  whereabouts  are  unknown). 

7.  [Set  forth  facts  as  to  enquiry,  etc.,  upon  which  above  statement  is 
based.] 

8.  Your  petitioner  further  alleges  that the  said  alleged 

bankrupt  has  not  designated  any  person  upon  whom  process  might  l)e  served 
for  him  in  this  district. 

9.  That  the  last  known  address  of the  said  alleged  bank- 
rupt is 

Wherefore,  your  petitioner  prays  that  an  order  be  made  herein  per- 
mitting service  by  publication  upon  the  said alleged 

bankrupt. 

Dated ,19... 

> 

Petitioner. 
[Verification.] 

NOTES. 

Service  outside  of  district. 

Pursuant  to  Sec.  18-a  of  Act.     Equity  Rule  XIII. 

Hills  V.  McKinness  Co.  (D.  C.  0.),  26  Am.  B.  R.  329;  188  Fed.  1012. 

In  re  McDonald,  30  Am.  B.  R.  120;  4  U.  S.  Dist.  Ct.  Haw. 

In  re  Francis  Levy  Outfitting  Co.  Ltd.  (D.  C.  Haw.),  29  Am.  B.  R.  13. 

In  re  Shoichi  Hoshida,  (D.  C.  Haw.),  32  Am.  B.  R.  451. 

In  re  Norton  (D.  C.  N.  Y.),  17  Am.  B.  R.  504;   148  Fed.  301. 

An  order  for  si-rvieo  by  publication  wliidi  does  not  designate  any  day  upon  which 
the  alleged  bankrupt  is  required  to  appear  and  plead  is  defective  as  not  in  conformity 
to  Sec.  18-a  of  the  Act. 

Bauman  Diamond  Co.  v.  Hart  (C.  C.  A.  5th  Cir.),  27  Am.  B.  R.  632;  192  Fed.  498; 
113  C.  C.  A.  104. 

Comj)are  for  ruling  under  Act  of  1867. 

Jobbins  v.  :Montague   (D.  C.  N.  Y.),  Fed.  Case  7329. 

[See  notes  Form  No.  11.] 


94  FOEMS  IN  BANKRUPTCY. 

FORM  No.  45. 

ORDER   OF   PUBLICATION. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


No. 


It  appearing  to  my  satisfaction  from  the  petition  of , 

verified  the day  of ,  19 . . .,  that  a  petition  was  filed 

in  this  court  on  the day  of ,  19 ... ,  praying  that 

the  ahove  named be  adjudged  a  bankrupt  and  that  a 

subpoena  directed  to  said  alleged  bankrupt  was  duly  issued  out  of  this  court 
to  the  marshal  of  this  district  and  that  the  said  marshal  has  been  unable  to 
serve  the  same  upon  the  alleged  bankrupt,  and  that  said  alleged  bankrupt  is 
not  now  within  this  district  so  that  personal  service  may  be  made  upon  him, 
and  that  diligent  efforts  have  since  been  made  to  ascertain  the  whereabouts  of 

the  said  alleged  bankrupt ,  but  that  he  is  not  now  within 

the  jurisdiction  of  this  court,  it  is 

Now,  on  motion  of ,  Esq.,  attorney  for  the  petitioning 

creditors, 

Ordered,  That  the  above  named  alleged  bankrupt  plead  or  answer  on  or 

before  the day  of ,  19 . . .  to  the  petition  herein, 

filed  in  the  office  of  the  clerk  of  this  court,  on  the day  of 

19.  .  .  ;  and  in  case  of  his  failure  to  plead  or  answer  thereto,  adjudication  shall 
be  made  against  him  according  to  the  prayer  of  said  petition. 

And  it  is  further  ordered  that  this  order  be  pul)lished  in  the 

once  a  week  for  two  successive  weeks,  said  pulilication  to  commence  not  later 

than  the day  of  ,  19 ... ,  and  that  a  copy  of  this 

order  be  mailed  to  the  said  alleged  bankrupt  at  his  last  known  residence,  to 

wit :     No Street,  in  the  City  of ,  on  or 

before  the  date  of  the  first  publication. 

Dated ,19... 

D.J. 


rOEMS  IX  BAXKEUPTCY. 


95 


FORM  No.  46. 

PETITION  TO  AMEND  PETITION. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


Xo, 


To  the  District  Court  of  the  United  States, 

for  the   District  of : 

The  petition  of    ,  and    

respectfully  shows  and  alleges : 

1.  That  they  are  the  petitioning  creditors  herein. 

2.  That  on  the day  of ,  19 .  .  . ,  your  petitioners 

iluly  filed  in  this  court,  a  petition  that  the  above  named he 

adjudged  an  involuntary  bankrupt  and  the  bankrupt's  time  to  appear  in  said 
])roceeding  has  not  yet  expired. 

.'i.  That  through  inadvertence,  the  following  allegations  were  omitted  in 
the paragraph  of  said  petition  in  bankruptcy : 


4.  That  by  reason  of  petitioners'  ignorance  of  the  true  facts  at  the  time 
the  said  petition  in  l)ankruptcy  was  verified  and  filed  the  following  act  of 

bankruptcy  on  the  part  of  the  said was  not  alleged  nor  set 

forth  correctly  in  said  petition  :    

That   said    facts    have   come   to   petitioners'   knowledge    from   the   following 
sources :    

o.  That  no  previous  application  has  been  made  for  an  order  herein. 

Wherefore,  petitioners  pray  that  the  ]ietition  in  bankruptcy  filed  herein  on 

the day  of 19 ....  be  amended  niinc  pro 

tvnc  bv  supplying  and  adding  the  following  allegation  to  paragraph 


96                                    FORMS  IN  BAxXKKUPTCY 
of  said  petition :  " 


and  further  amended  by  adding  and  incorporating  therein,  with  the  same  force 
and  effect  as  if  originally  therein,  the  following  new  paragraph :  '"' 

J 

and  for  such  other  and  further  relief  as  may  l)e  just  and  proper. 


Petitioners. 
[Verification.] 

NOTES. 

Act.  Sec.  18.     Genl.  Orders  VI,  XI. 

Generally  a  matter  of  discretion  for  the  Court. 

Wilder  v.  Watts,  15  Am.  B.  R.  57;  138  Fed.  426. 

Armstrong  v.  Fernandez  (U.  S.  Sup.),  19  Am.  B.  R.  746;  208  U.  S.  324;  52  L.  Ed. 
514. 

Ryan  v.  Hendricks  (C.  C  A.  7th  Cir.),  21  Am.  B.  R.  570;  166  Fed.  94;  92  C.  C. 
A.  78. 

In  re  Sig.  H.  Rosenblatt  &  Co.  (C.  C.  A.  2nd  Cir.),  28  Am.  B.  R.  401;  193  Fed. 
638;  113  C.  C.  A.  506. 

Includes  referee. 

In  re  Brumelkamp,  2  Am.  B.  R.  318;  95  Fed.  814. 

When  creditor  waives  right  to  object. 

In  re  Broadway  Savings  Trust  Co.  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  254;  152  Fed. 
152;  81  C.  C.  A.  58. 

When  granted. 

Uusually  granted  to  cure  an  error  due  to  mistake  of  counsel. 

In  re  Freund,  1  Am.  B.  R.  25. 

Mistake  in  name  of  bankrupt. 

Gleason  v.  Smith,  Perkins  &  Co.  (C.  C.  A.  3rd  Cir.),  16  Am.  B.  R.  602;  145  Fed.  895; 
76  C.  C.  A.  427. 

Clerical  error.     In  re  Bellah,  8  Am.  B.  R.  310;   116  Fed.  69. 

Millan  v.  Exchange  Bank  of  Mannington  (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  889; 
183  Fed.  753;  106  C.  C.  A.  327;  certiorari  denied,  219  U.  S.  584;  55  L.  Ed.  346. 

Amendment  of  petition  which  alleges  insolvency  at  the  date  of  filing  the  peti- 
tion so  as  to  allege  insolvency  at  the  date  the  alleged  act  of  bankruptcy  was  committed 
may  be  allowed. 

In  re  Pangborn,  26  Am.  B.  R.  40:   1S5  Fed.  673. 

In  re  Richardson  (D.  C.  Mass.),  27  Am.  B.  R.  590;  192  Fed.  50. 

To  supply  a  specific  allegation  that  alleged  bankrupt  is  not  within  one  of  the 
excepted  classes. 

Beach  v.  Macon  Grocery  Co.  (C.  C.  A.  5th  Cir.),  9  Am.  B.  R.  762;  120  Fed.  736; 
57  C.  C.  A.  150;  In  re  Brett,  12  Am.  B.  R.  492;  130  Fed.  981.  In  re  White,  14  Am. 
B.  R.  241;  135  Fed.  199.  In  re  Plymouth  Cordage  Co.  (C.  C.  A.  8th  Cir.).  13  Am.  B. 
R.  665;  135  Fed.  1000;  68  C.  C.  A.  434.  In  re  Crenshaw,  19  Am.  B.  R.  502;  156  Fed. 
6.38. 

In  re  Shocsmith  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  645;  135  Fed.  684;  68  C.  C.  A. 
322. 


FORMS  IX  BANKRUPTCY.  97 

Armstrong  v.  F>^rnandez  (U.  S.  Sup.),  {supra). 

Conway  v.  Gorman  (C.  C.  A.  4th  Cir),  21  Am.  B.  R.  577;  166  Fed.  67;  91  C.  C.  A. 
6.-^3. 

Or  to  supply  an  insufTicient  statement  of  nature  and  amount  of  claims  of  peti- 
tioners or  general  insullieieney  of  allegation. 

Conway  v.  (j'ermau  (supra). 

To  correct  variance  between  pleadings  and  proof. 

In  re  Lang,  3  Am.  B.  R.  231;  97  Fed.  190.  In  re  Miller,  5  Am.  B.  R.  140;  104  Fed. 
764;  Chicago  Motor  Vehicle  Co.  v.  American  Oak  Leather  Co.  (C.  C.  A.  7th  Cir.),  15  Am, 

B.  R.  804;  141  Fed.  518;  72  C.  C.  A.  576.  In  re  Hark  Bros.,  15  Am.  B.  R.  400;  142  Fed. 
179;  aird  sub  nom.,  Hark  v.  C.  M.  Allen  Co.  (C.  C.  A.  3rd  Cir.),  17  Am.  B.  R.  3;  146 
Fed.  605;  77  C.  C.  A.  91. 

When  not  granted. 

When  defect  is  fatal  to  jurisdiction. 

No  act  of  bankruptcy  alleged. 

W'oolford  V.  Diamond  State  Steel  Co.,  15  Am.  B.  R.  31;  138  Fed.  582. 

Armour  &  Co.  v.  Miller  (C.  C.  A.  5th  Cir.),  31  Am.  B.  R.  356;   209  Fed.  784;   126 

C.  C.  A.  508. 

In  re  Farthing  (D.  C.  No.  Car.),  29  Am.  B.  R.  732:  202  Fed.  557. 

Claims  aggregate  less  than  $500,  by  adding  other  cre<litors.  In  re  Stein,  12  Am.  B. 
R.  364. 

In  re  Charles  Town  Light  &  Power  Co..  25  Am.  B.  R.  087;   1S3  Fed.  100. 

Or  in  effect  a  new  and  independent  proceeding. 

In  re  Hyde  &  Co.,  4  Am.  B.  R.  602;   103  Fed.  617. 

In  re  Mercur  (C.  C.  A.  3rd  Cir.),  10  Am.  B.  R.  505;  122  Fed.  384;  58  C.  C.  A.  472; 
aff'g  8  Am.  B.  R.  275;  116  Fed.  655.  In  re  Pure  Milk  Co.,  18  Am.  B.  R.  735;  154  Fed. 
682.     In  re  Harris,  19  Am.  B.  R.  204;   155  Fed.  216. 

In  re  Kaufman  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  429;  176  Fed.  93;  99  C.  C.  A.  107. 

Or  adding  a  later  act  of  bankruptcy. 

In  re  Riggs  Restaurant  Co.  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  508;  130  Fed.  091;  66 
C.  C.  A.  48.  In  re  Sears  (C.  C.  A.  2nd  Cir.),  8  Am.  B.  R.  713;  117  Fed.  294;  54  C.  C.A. 
532,  rev-'g  in  part  s.  c.  7  Am.  B.  R.  279;  112  Fed.  58.  Wilder  v.  Watts,  15  Am.  B. 
R.  57;  138  Fed.  420.  In  re  Haff  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  302;  130  Fed.  78; 
68  C.  C.  A.  646. 

Walker  v.  Woodside  (C.  C.  A.  9th  Cir.),  21  Am.  B.  R.  132;  164  Fed.  680;  90  C.  C.  A. 
044. 

Within  judicial  discretion. 

Pittsburgh  Laundry  Supply  Co.  v.  Imperial  Laundry  Co.  (C.  C.  A.  3rd  Cir.),  18  Am. 
B.  R.  756;    154  Fed.  002;   83  C.  C  A.  486. 

Contra.     In  re  Xusbaum  (D.  C  N.  Y.),  18  Am.  B.  R.  598;   152  Fed.  835. 

In  re  Hamrick,  23  Am.  B.  R.  721;   175  Fed.  279. 

Amendment  can  only  be  granted  by  Judge  not  by  Referee. 
Practice. 

Petition  or  affidavit  accompanied  by  a  copy  of  proposed  amendment  and  on  due 
notice  to  all  parties  who  have  appeared  or  intervened. 

Petition  must  show  why  act  of  bankruptcy  proposed  to  be  set  forth  by  amendment 
was  not  set  up  in  original  petition. 

In  re  Pure  Milk  Co.,  18  Am.  B.  R.  735;   154  Fed.  682. 


98 


FUKMS  IX  BAXKKUi'TC'Y. 


In  re  Portner,  18  Am.  B.  R.  89;   149  Fed.  799. 

When  question  of  amendment  not  pro])erly  before  the  Court. 

In  re  Pressed  Steel  Wagon  t;oocls  Co.   (IX  C.  Mich.),  27  Am.  B.  R.  44;  19.3  Fed.  811. 

Effect. 

Relates  back  to  time  of  filing  original  petition  and  has  same  effect  as  if  originally 
included.     Ryan  v.  Hendricks   (supra). 

In  re  Beerman,  7  Am.  B.  R.  431;   112  Fed.  662. 

Chicago  ]\lotor  Vehicle  Co.  v.  American  Oak  Leather  Co.   {supra). 

And  does  not  advance  such  date  under  Sec.  60a  relating  to  preferences. 

First  State  Bank  of  Corwith  v.  Haswell  (C.  C.  A.  8th  Cir.),  23  Am.  B.  R.  330;  174 
Fed.  209;   98  C.  C.  A.  217. 

An  amendment  stating  for  the  first  time  an  act  of  bankruptcy  does  not  relate 
back  to  the  filing  of  the  original  petition. 

Armour  &  Co.  v.  Miller  (C.  C.  A.  5th  Cir.),  (supra}. 

In  re  Condon  (C.  C.  A.  2nd  Cir.),  31  Am.  B.  R.  754;  209  Fed.  800;  126  C.  C.  A.  524; 
aff'g,  8.  c.  29  Am.  B.  R.  907;   198  Fed.  947. 


FORM  No.  47. 


PETITION      TO      TRANSFER      PROCEEDINGS      TO     ANOTHER 

DISTRICT. 

District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  ^Iatter 

OF 


Banlrupt. 


To  the  District  Court  of  the  T'nited  States  for  the District 

of : 

The  petition  of rosi)ectfnlly  shows  and  alleges: 

1.  That  he  is  a  creditor  of  the  ahove  named  haid\ru]it  and  one  of  the  peti- 
tioning creditors  in  this  proceeding. 

"i.  I'hat  on  the day  of 19 ... ,  petitioner  with 

other  creditors  filed  an  invohmtary  petition  against  the  above  named 

in  this  Court,  and  said  proceeding  is  still  pending  and  no  order 

of  adjudication  has  been  entered  herein. 

3.  That  on  the   day  of   ,  19 ... ,  in  the  District 


FOEMS  IN  BANKKUPTCY. 


9i) 


Court  for  the district  of ,  certain  other 

creditors  of  the  said filed  a  petition  that  he  be  adjudged 

a  bankrupt  in  that  jurisdiction,  and  in  said  proceeding  the  said 

was  on  the   day  of   ,  19 ... ,  duly  adjudicated  a 

bankrupt  and  the  proceeding  referred  to  one  of  the  referees  of  said  Court. 

4.  That  for  the  following  reasons  the  District  Court  for  the 

district  of    can  proceed  with  the  administration  of  the 

affairs  of  this  bankrupt  for  the  greatest  convenience  of  parties  in  interest: 
[Here  set  forth  such  reasons.] 

Wherefore,  your  petitioner  prays  that  this  proceeding  be  transferred  to  the 

district  of   ,  and  consolidated  with  the 

proceeding  in  the  same  matter  now  pending  in  said  district. 


Petitioner. 


\'eriiication.] 


FORM  No.  48. 

ORDER    TRANSFERRING    PROCEEDINGS    TO    ANOTHER    DISTRICT. 

At  a  Stated  Term  of  the  District  Court 
of  tlie  United  States,  held  in  and  for  the 

district  of    ^ 

at  the  Court  House  in  the  City  of 

on  the day  of 19 . . . 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


BanJirupt. 


Upon  reading  and  filing  the  annexed  petition  of duly 

verified,  and  upoji  all  the  proceedings  heretofore  had  herein,  and  it  appearing 

to  the  satisfaction  of  this  Court  that  the  above  named has 

been  duly  adjudicated  a  bankrupt  in  similar  proceedings  in  the  District  Court 
of  the  T'nited  States  for  the district  of 


lUO  rOKMS  IX  BANKRUPTCY. 

and  it  further  appearing  that  said  District  Court  can  proceed  with  the  admin- 
istration and  conduct  of  the  said  bankrujjt's  estate  for  the  greatest  con- 
venience of  the  parties  in  interest  and  no  one  appearing  in  opposition 

thereto,  it  is  on  motion  of attorney  for  the  petitioner, 

Ordered,  That  these  proceedings  be  and  the  same  hereby  are  transferred 

to  the  District  Court  for  the district  of 

and  consolidated  with  the  proceedings  in  the  same  matter  now  pending  in 
said  Court. 


D.J. 
NOTES. 

Sec.  32;  and  General  Order  VI. 

In  re  Tybo  Mining  &  Reduction  Co.,  13  Am.  B.  R.  68;  132  Fed.  697. 

Kyle  Lumber  Co.  v.  Bush,  13  Am.  B.  R.  535;  133  Fed.  6SS;  66  C.  C.  A.  592. 

Consolidation  of  proceedings. 

Salt  Lake  Valley  Canning  Co.  v.  Collins  (C.  C.  A.  9th  Cir.),  23  Am.  B.  R.  716;  176 
Fed.  91;  99  C.  C.  A.  611. 

In  re  General  Metals  Co.,  12  Am.  B.  R.  770;   133  Fed.  84. 

In  re  Sears,  7  Am.  B.  R.  279;   112  Fed.  58. 

In  re  United  Button  Co.,  13  Am.  B.  R.  454;   132  Fed.  378. 

In  re  Waxelbaum   (D.  C.  N.  Y.),  3  Am.  B.  R.  392;  98  Fed.  589. 

Court  first  acquiring  jurisdiction  has  exclusive  jurisdiction  to  determine  the  ques- 
tion of  a  transfer  for,  "  convenience  of  parties  "  under  Sec.  32  of  the  Act. 

In  re  Sterne  &  Levi  (D.  C.  Tex.),  26  Am.  B.  R.  259;  190  Fed.  70. 

Compare  In  re  Elmira  Steel  Co.,  5  Am.  B.  R.  484;   109  Fed.  456. 

Meaning  of  terms,  "  party  in  interest "  and  "  greatest  convenience." 

In  re  Sterne  &  Levi  {supra). 

In  re  United  Button  Co.  (supra). 


PART  II. 

RECEIVER  IN  BANKRUPTCY  AND  CUSTODY  OF 
PROPERTY  BY   MARSHAL. 

Form  No.  49.  Special  Warrant  to  Marshal  and  Return  thereon. 

50.  Bond  to  Marshal  upon  Release  of  Property  to  Bankrupt. 

51.  Bond  of  Petitioning  Creditor  upon  Seizure  by  Marsiial. 

52.  Petition   for   Appointment  of   Receiver  before  Adjudication. 

53.  Order  appointing  Receiver  before  Adjudication  and  Injunction. 

54.  Consent  of  Bankrupt  to  Appointment  of  Receiver. 

55.  Bond  of  Petitioning  Creditor  upon  Appointment  of  Receiver. 

56.  Petition  that  Bond  of  Petitioning  Creditor  be  increased. 

57.  Order  denying  Petition  to  increase  Bond. 

68.     Petition  for  Appointment  of  Receiver  after  Adjudication  by  Referee  and 
Consent  of  Creditors  thereto. 

59.  Order  appointing  Receiver  after  Adjudication. 

60.  Bond  of  Receiver. 

61.  Petition   for  Order  reducing  Amount    of    Receiver's    Bond    and    Order 

thereon. 

62.  Petition  by  Receiver  to  employ  Counsel. 

63.  Affidavit  of  Attorney  thereon. 

64.  Order  authorizing  Receiver  to  employ  Counsel. 

65.  Petition  by  Receiver  to  continue  Business  of  Bankrupt. 

66.  Order  authorizing  Receiver  to  continue  Business  of  Bankrupt. 

67.  Petition  by  Receiver  to  discharge  Liens. 

68.  Order  discharging  Liens. 

69.  Order  that  Receiver  complete   Contracts. 

70.  Affidavit  by  Receiver  for  Leave  to  begin  Suit. 

71.  Order  authorizing  Receiver  to  sue. 

72.  Order  authorizing  Receiver  to  join  in  Bankruptcy   Proceeding. 

73.  Order  allowing  Suit  against  Receiver. 

74.  Order  directing  Delivery  of  Assets  by  Receiver  to  Trustee. 

75.  Report  of  Receiver. 

76.  Receiver's  Final  Account  and  Oath. 

77.  Notice  of  Hearing  upon  Receiver's  Accounts  before  Special   Master. 

78.  Exceptions  to  Receiver's  Accounts. 

79.  Petition  for  Allowance  by  Attorney  for  Receiver. 

80.  Report  of  Special  Master  on  Receiver's  Account. 

81.  Notice  of  Motion  to  confirm  Report  of  Special  Master  on   Receiver's 

Accounts. 

82.  Order  confirming  Report  of  Sjjccial  Master  on  Receiver's  Account. 

83.  Order  confirming  Report   and  directing  Payment  by   Petitioning  Cred- 

itors ujjon  Dismissal  of  Involuntary  Petition. 

84.  Order  vacating  Appointment  of  Receiver. 

85.  Petition  to  issue  Receiver's  Certificates. 

86.  Order  authorizing  Issuance  of  Receiver's  Certificates. 

87.  Answer  of  Lienor  to  Receiver's  Petition  to  issue  Certificates. 

88.  Receiver's  Certificate. 

89.  Petition  for  Appointment  of  Ancillary  Receiver  in  Court  of  Ancillary 

Jurisdiction. 

90.  Order  appointing  Ancillary  Receiver. 

[101] 


102  EOKMS  IN  BANKRUPTCY. 

FORM  No.  49. 

[Official.] 
SPECIAI.  AV ARRANT  TO  MARSHAL. 

In  the  District  Court  of  the  United  States, 

for  the District  of 

lu  Bankruptcy. 


In  the  Matter 

OF 


BanJcrupt. 


To  the  Marshal  of  said  District,  or  to  either  of  his  deputies,  greeting: 

Whereas  a  petition  for  adjudication  of  bankruptcy  was,  on  the 

day  of ,  A.  D.  19 .  .  . ,  filed  against ,  of 

the  County  of ,  State  of ,  in  said  district,  and 

said,  petition  is  still  pending ;  and  whereas  it  satisfactorily  appears  that  said 

has  committed  an  act  of  bankruptcy    [or  has  neglected 

or  is  neglecting,  or  is  about  to  so  neglect  his  property  that  it  has  thereby 
deteriorated  or  is  thereby  deteriorating  or  is  about  therel)y  to  deteriorate  in 
value],  you  are  therefore  authorized  and  required  to  seize  and  take  possession 

of  all  the  estate,  real  and  personal,  of  said and  of  all  his 

deeds,  books  of  accounts,  and  papers,  and  to  hold  and  keep  the  same  safely 
subject  to  the  further  order  of  the  court. 

Witness  the  Honorable ,  Judge  of  the  said  court,  and 

the  seal  thereof,  at ,  in  said  district,  on  the 

of ,  A.  D.  19... 


alof       I 
Court,  J 


D.J. 

Seal  of 
the 

RETURN    BY    MARSHAL    THEREON, 

By  virtue  of  the  within  warrant,  T  have  taken  possession  of  the  estate  of 

the  within-named   ,  and   of  all  liis  deeds,  books  of 

account  and  papers  which  have  come  to  my  knowledge. 


Marshal  [or  Deputy  Marshal']. 


rOKMS  JX  BA.\KJ{UPTCY, 
FEES  AND  EXrKXSES. 


103 


1 .  Service  of  warrant 

2.  Necessary  travi-l,  at  the  rate  of  six  cents  a  mile  each  way 


3.  Actual  expenses  in  custody  of  property  and  other  services,  as 
follows 


[Here  state  the  particulars]. 


Marshal  [or  De.putij  Marshal]. 

NOTES. 

Reference.     Sec.  69a. 

Cross-reference.     Sees.  2,  (3),  (15),  3-e,  38-a,  (3). 

General  Orders,  X,  XIX. 

This  remedy  little  used  as  the  equivalent  remedies  of  a  receiver  and  injunction  are 
safer  and  accomplish  much  the  same  result. 

Compensation  of  marshal  when  he  has  taken  possession  of  property  under  this 
section.     Reasonable  fees. 

In  re  Adams  Sartorial  Co.,  4  Am.  B.  R.  107;  101  Fed.  215. 

In  discretion  of  court. 

In  re  Scott,  3  Am.  B.  R.  625;  96  Fed.  607. 

"  Issuance  of  a  warrant  enforcing  and  directing  the  Marslial  to  seize  the  property 
and  hold  it  subject  to  further  orders.  To  justify  this  course,  not  neees.sary  to  show 
the  'absolute  necessity'  for  seizing  the  estate,  but  it  will  be  sufiicient  to  make  out  a 
prima  facie  case  in  support  of  the  petition  in  bankruptcy,  i.  e.,  to  offer  satisfactory 
proof  by  affidavit  that  the  respondent  has  committed  an  act  of  bankruptcy,  or  the  cred- 
itor may  secure  the  issuance  of  the  warrant  by  showing  that  the  conduct  of  the  alleged 
bankrupt  with  reference  to  his  property  is,  or  has  been,  or  will  be  so  neglectful  as  to 
cause  deterioration  in  value  of  the  property.     The  bond  sliall  conform  to  section  69a." 

Black,  '■  Law  &  Practice  in  Bankruptcy."     p.  504. 

Petition  for  warrant  to  seize  property  should  be  separate  and  distinct  from  invol- 
untary petition  to  secure  an  adjudication. 

In  re  Kelly,  1  Am.  B.  R.  306;  91   Fed.  504. 

Appointment  of  marshal.  Taking  possession  of  property  found  in  possession  of 
third  person  holding  it  as  the  bankrupt's  agent,  custodian  or  bailee. 

Martin  v.  Spencer,  29  Am.  B.  R.  264;  203  Fed.  210. 


104  FOEMS  IN  BAXKRUPTCY. 

FORM  No.  50. 

[Official.] 
BOND  TO  MARSHAL  UPON  RIXEASE  OF  PROPERTY  TO  BANKRUPT. 

Know  all  men  by  these  presents : 

That  we,   ,  as  principal,  and   , 

as  sureties,  are  held  and  hrmly  bound  unto ,  marshal  of  the 

United  States  for  the District  of ,  in  the 

full  and  just  sum  of dollars,  to  Ije  paid  to  the  said 

,  his  executors,  administrators,  or  assigns,  to  which 

payment,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors, 
and  administrators,  jointly  and  severally,  by  these  presents. 

Signed  and  sealed  this day  of ,  A.  D.  19 . .  . 

The  condition  of  this  oldigation  is  such  that  whereas  a  petition  in  bank- 
ruptcy has  been  filed  in  the  district  court  of  the  United  States  for  the 

District  of   ,  against  the  said    , 

and  the  said  court  has  issued  a  warrant  to  the  marshal  of  the  United  States 

for  said  district,  directing  him  to  seize  and  hold  property  of  the  said 

,  subject  to  the  further  order  of  the  court,  and  the  said  property 

has  been  seized  by  said  marshal  as  directed,  and  the  said  district  court,  upon 

a  petition  of  said ,  has  ordered  the  said  property  to  be 

released  to  him. 

Now,  therefore,  if  the  said  property  shall  be  released  according  to  the  said 

,  and  the  said ,  being 

adjudged  a  bankrupt,  shall  turn  over  said  property  or  pay  the  value  thereof 
in  money  to  the  trustee,  then  the  above  obligation  to  be  void ;  otherwise  to 
remain  in  full  force  and  virtue. 
Sealed  and  delivered  in  the 

presence  of  [seal.] 

• [seal.  I 

[seal.] 

i\pproved  this day  of ,  A.  D.  19 . . . 


District  Judge. 


FORM  No.  51. 

BOND    OF   PETITIONING    CREDITOR,   UPON    SEIZURE   BY   MARSHAL. 

Know  all  men  l)y  these  presents: 

That  we, ,  as  principal,  and   ,  as 

sureties,  are  held  and  firmly  l)0und  unto in  the  full  and  just 

sum  of dollars  to  be  paid  to  the  said , 

executors,  administrators,  or  assigns,  to  which  payment,  well  and  truly  to 


FORMS  IN  BANKRUPTCY.  105 

be  made,  we  biud  ourselves,  our  heirs,  executors,  and  administrators,  jointly 
and  severally,  by  these  presents. 

Signed  and  sealed  this day  of ,  A.  D.  19 . . . 

The  condition  of  this  obligation  is  such  that  whereas  a  petition  in  bank- 
ruptcy has  been  filed  in  the  district  court  of  the  United  States  for  the 

District  of against  the  said , 

and  the  said has  applied  to  that  coiirt  for  a  warrant 

to  the  marshal  of  said  district  directing  him  to  seize  and  hold  the  property 

of  said ,  subject  to  the  further  orders  of  said  district 

court. 

Now,  therefore,  if  such  a  warrant  shall  issue  for  the  seizure  of  said  property, 

and  if  the  said shall  indemnify  the  said 

for  such  damages  as  he  shall  sustain  in  the  event  such  seizure  shall  prove 
to  have  been  wrongfully  obtained,  then  the  above  obligation  to  be  void ;  other- 
wise to  remain  in  full  force  and  virtue. 
Sealed  and  delivered  in 

presence  of  [seal.] 

.  [  SEAL.] 

[seal.] 

Approved  this day  of ,  A.  D.  19 .  .  . 


District  Judge. 
[Justification  of  sureties  may  be  added.] 


FORM  No.  52. 

PETITION  FOR  APPOINTMENT  OF  RECEIVER  BEFORE 
ADJUDICATION. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


To  the  Honorable , 

Judge  of  the  United  States  District  Court, 
for  the District  of  .  . 


106  FORMS  IX  BAXKlfUITCY. 

The  petition  of    respectfully   shows  and  alleges,  upon 

information  and  belief: 

1.  That  on  the day  of ,  19 .  . .,  petitioner  to- 
gether with and ,  creditors  of  the  above 

named ,  verified  and  filed  a  petition  in  this  court  that  he  be 

adjudged  an  involuntary  bankrupt  within  the  purview  of  the  United  States 
Bankruptcy  Act.     That  the  said  petition  was  based  on  an  act   (or  acts)   of 

bankruptcy  committed  by  the  said , 

to  wit,  (1)  


(2) 


That  such  proceeding  is  pending  and  will  not  be  determined  for  some  time. 

2.  That  the  said was  carrying  on  business  as  a  manu- 
facturer of  (or  dealer  in)    

;  that  his  principal  place  of  busi- 
ness is  at ;  that  the  said 

has  a  large  amount  of  merchandise  now  situated  at  his  place  of  business; 
that  the  said  merchandise  consists  of 

3.  That  your  petitioner  is  informed  and  verily  believes  that  the  condition 
of  the  alleged  bankrupt's  afl'airs  and  business  is  such  as  to  render  it  absolutely 
necessary  that  a  receiver  be  appointed  at  once  to  preserve  such  property  and 
business,  pending  the  issue  of  the  bankruptcy  proceedings.  That  the  facts 
in  regard  to  same  are  as  follows : 

4.  That  })etitioner  files  herewith  bond  as  required  by  Sect.  3-e  of  the  Bank- 
ruptcy Act. 

5.  That  the  assets  of  the  said  alleged  bankrupt,  as  your  petitioner  has  l)een 

informed  and  verily  believes,  consist  of and 

,  hereinbefore  mentioned  ;  and  that  said  assets 

are  of  the  value  of  $ 

6.  (That  it  will  be  to  the  best  interests  of  this  estate  that  tlie  business 

of  the  alleged  bankrupt  at be  continued  for  a  limited  period 

by  the  receiver  herein  for  the  following  reasons : 


) 

7.     That  no  previous  application  has  been  made  for  this  order. 

Wherefore  your  petitioner  respectfully  prays  that  a  receiver  be  appointed 

of  all  the  assets  and  property  of  every  kind  of  the  said  alleged  bankrupt;  (and 


FORMS  IN  BANKRUPTCY. 


107 


that  such  receiver  be  allowed  to  carry  on  the  business  of  the  said  alleged  bank- 
rupt for  a  limited  period  as  the  court  may  direct)  and  lor  such  other  order 
in  the  premises  as  may  be  just  and  proper. 
Dated ,  19. .. 


retiiiuner. 


[Verification.] 


FORM  No.  53. 

ORDER  APPOINTING  RECEIVER  BEFORE  ADJUDICATION  WTTH 

INJUNCTION. 

At  a  stated  term  of  the  District  Court 
of  the  United  States  held  in  and  for  the 

District  of ,  at 

the  Court  House  in  the  City  of , 

on  the day  of ,  lU .  . . 

PltESKXT: 

Hon , 

District  Judge. 


L.\  TiiK  Mattek 

OF 


Alleged  Bankrvpt. 


In  Bankruptcy  No. 


T'^pon  the  annexed  petition  of verified  the 

day  of 10.  .,  and  the  petition  in  bankruptcy  filed  herein  against 

the  above  named  alleged  bankrupt,  in  the  office  of  the  clerk  of  this  court 

on  the day  of ,  1!) .  .  . ,  and  upon  the  bond  of 

tlic  petitioning  creditor  duly  filed  and  approved  herewith,  and  it  appearing 
that  a  suljpoena  has  been  duly  issued  against  said  alleged  bankrupt  as  required 
by  law,  and  that  the  a])i)ointnient  of  a  receiver  is  absolutely  necessary  for  the 

preservation  of  this  estate,  now  on  motion  of attorneys 

for  the  petitioning  creditors  herein, 

It  is  ordered,  that ,  Esq.,  be,  and  he  hereby  is  appointed 

receiver  of  the  property,  assets  and  effects  of  the  above  named  alleged  bank- 
rupt, with  all  the  usual  rights  and  powers  thereof  until  the  further  order  of 
this  court,  in  the  premises, 


108  FORMS  IN  BANKRUrTCY. 

And  it  is  further 

Ordered,  that  the  said  receiver  give  a  bond  to  the  people  of  the  United 

States  in  the  sum  of  $ conditioned  for  the  faithful  discharge 

of  his  duties  as  such  receiver. 
And  it  is  further 

Ordered,  that  said  alleged  bankrupt  forthwith  deliver  to  said  receiver  all  of 
his  property,  assets  and  effects  now  in  his  possession  or  under  his  control,  and 
the  said  alleged  bankrupt  and  all  other  persons,  firms,  corporations,  all  cred- 
itors of  the  said  alleged  Ijankrupt,  as  well  as  their  and  each  of  their  attorneys, 
agents  and  servants,  and  all  Sheriffs,  ]\rarshals  and  other  officers,  deputies 
and  their  employees  are  hereby  Jointly  and  severally  restrained  and  enjoined 
from  removing,  transferring  or  otherwise  interfering  with  the  property,  assets 
and  effects  of  the  above  named  alleged  Ijankrupt  and  from  prosecuting,  exe- 
cuting or  suing  out  of  any  court  any  process,  attachment,  replevin  or  other 
writ  for  the  purpose  of  taking  possession,  impounding  or  interfering  with 
any  property,  assets  or  effects  of  the  above  named  alleged  bankrupt,  and  from 
molesting,  disturbing  or  interfering  with  the  receiver  herein  appointed  in  the 
discharge  of  his  duties. 

D.  J. 


NOTES. 

Act,  Sec.  2,  (3).  Cross  References,  Sees.  2,  (15),  3-e,  G9-a.  By  Sec.  1-a  (4)  word 
"  bankrupt "  shall  include  a  person  against  whom  an  involuntary  petition  has  been  filed. 

Order  appointing  Receiver  before  adjudication. 

Indemnity  bond  must  be  furnished. 

Authority  of  Court  conditioned  on  this  being  done. 

Beach  v.  Macon  Grocery  Co.  (C.  C.  A.  5th  Cir.),  8  Am.  B.  R.  751;  116  Fed.  143;  5.7 
C.  C.  A.  463. 

When  the  preservation  of  the  estate  demands  such  intervention. 

In  re  Desrochers   (D.  C.  N.  Y.),  25  Am.  B.  R.  703;   183  Fed.  991. 

Are  but  ancillary  to  the  proceedings  in  bankruptcy. 

T.  E.  Hill  Co.  V.  U.  S.  Fidelity  and  Guaranty  Co.  (111.  Sup.  Ct.),  33  Am.  B.  R.  781; 
250  111.  242;  95  N.  E.  150. 

Authority  to  appoint:  Tn  re  Oakland  Lumber  Co.  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R. 
181;  174  Fed.  634;  98  C.  C.  A.  388. 

In  re  Fixen,  2  Am.  B.  R.  822;  96  Fed.  748. 

In  re  Florcken,  5  Am.  B.  R.  802;   107  Fed.  241. 

Boonville  National  Bank  v.  Blakey  (C.  C.  A.  7th  Cir.),  6  Am.  B.  R.  13:  107  Fed- 
891 ;  47  C.  C.  A.  43. 

Appointment  of  receiver  after  general  assignment. 

In  re  Federal  Mail  and  Express  Company   (D.  C.  N.  Y.),  N.  Y.  Law  Jour.  July  3, 

1916. 

In  re  D.  &  E.  Dress  Company,  Inc.   (D.  C.  X.  Y.),  N.  Y.  Law  Jour.  July  5,  1916. 

Even  though  corporation  was  not  subject  to  adjudication  as  a  bankrupt. 

In  re  T.  E.  Hill  Co.  (C.  C.  A.  7th  Cir.),  20Am.  B.R.  73;  159  Fed.  73;  86C.C.A.263. 

Appointment  of  a  receiver  denied,  when  no  necessity  therefor. 

Rowland  v.  Auto.  Car  Co..  13  Am.  B.  R.  799;  133  Fed.  835. 

In  re  Knopf,  16  Am.  B.  R.  432:   144  Ferl.  245. 

In  re  Moody,  12  Am.  B.  R.  718;  131   Fed.  525. 

In  re  Benedict,  15  Am.  B.  R.  232;   140  Fed.  55. 


FORMS  IN  BANKRUPTCY.  109 

W'lieii  property  is  in  hands  of  State  receiver  jji-cviously  appointed. 

Injiram  v.  Ingram  13art  J^igliteiage  Co.  (1).  C.  Ga.),  226  Fed.  58. 

Notice  to  alleged  bankrupt  proper,  but  not  necessary. 

In  re  Abrahamson  and  Bretstein,  1  Am.  B.  R.  44. 

In  re  Standard  Cordage  Co.  (1).  C.  X.  V.).  30  Am.  B.  K.  448;  184  Fed.  15G. 

An  appointment  witliout  notice  is  not  in  a  constitutional  sense  a  deprivation  of 
property  without  due  process  of  law. 

Latimer  v.  McNeal  (C.  C.  A.  3rd  Cir.).  Hi  Am.  B.  R.  43;  142  Fed.  451;  73  C.  C.  A. 
5G7;  art'g  In  re  Francis  (D.  C.  Pa.),  14  Am.  B.  R.  676;   136  Fed.  912. 

Bryan  v.  Bernheimer  (C.  S.  Sup.),  5  Am.  B.  R.  623;   181  U.  S.  188;  45  L.  Ed.  814. 

May  be  appointed  to  take  charge  of  the  property  although  estate  is  being  admin- 
istered by  assignee  or  receiver  in  State  court. 

In  re  Etheridge  Furniture  Co.,  1  Am.  B.  R.  112;  92  Fed.  329. 

Bauman  Diamond  Co.  v.  Hart  (C.  C.  A.  5th  Cir.),  27  Am.  U.  U.  632;  192  Fed.  498; 
113  C.  C.  A.  104. 

Appointment  of  receiver  discretionary  witli  the  court  and  mandamus  does  not  lie 
to  compel  such  appointment. 

Edinburg  Coal  Co.  v.  Humphrey  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  593;  134  Fed. 
839;  67  C.  C.  A.  435. 

Order  appointing  receiver  cannot  be  attacked  collaterally  in  the  same  or  other 
court. 

Ross  V.  Stroh  (C.  C.  A.  3rd  Cir.),  21  Am.  B.  R.  644;   105  Fed.  628;  91  C.  C.  A.  010. 

White  v.  Davis,  134  Ga.  274;  67  S.  E.  716. 

Effect  of  appointment. 

In  re  Nelson  &  Bro.  Co.,  18  Am.  B.  R.  66;  149  Fed.  590. 

In  re  Alton  Mfg.  Co.,  19  Am.  B.  R.  805;   158  Fed.  367. 

Title  to  property  in  hands  of  receiver. 

In  re  La  Plume  Milk  Co.,  16  Am.  B.  R.  729;  145  Fed.  1013. 

Power  of  Court  to  protect  its  receiver. 

Mason  v.  Wolkowich  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  709;  150  Fed.  699;  80  C.  C.  A. 
435. 

Preservation  of  receiver's  rights  acquired  in  an  involuntary  proceeding  pending 
wiien  adjudication  follows  in  a  voluntary  proceeding. 

In  re  New  Chattanooga  Hardware  Co.  (D.  C.  Tenn.),  27  Am.  B.  R.  77;  190  Fed.  241. 

What  petition  should  state. 

"Absolutely  necessary  for  preservation  of  estate." 
In  re  Oakland  Lumber  Co.  (sujjra). 
In  re  Rosenthal,  16  Am.  B.  R.  448;   144  Fed.  .548. 

T.  S.  Faulk  &  Co.  v.  Steiner.  Lobman  &  Frank  et  al.  (C.  C.  A.  7th  Cir.),  21  Am, 
B.  R.  623;   165  Fed.  861;  91  C.  C.  A.  547. 

Consent  of  bankrupt  alone,  not  sullicient,  s.  c. 

Provisions  of  the  order. 

Order  should  fix  amount  of  bond,  and  specify  powers. 

Order  should  fix  time  for  filing  petitioning  creditors'  bond  before,  receiver  takes 
possession. 

In  re  llafif    (C.  C.  A.  2nd  Cir.  I,  13  Am.  15.  R.  354;  135  Fed.  742;  OS  C  C  A.  380. 
'SMiat  an  order  directing  bankrupt  to  deliver  books  to  receiver  should  provide. 
In  re  Geo.  Harris,  20  Am.  B.  R.  911;   164  Fed.  292. 


no  FOKMS  IX  BANKKUPTCY. 

Review  of  order. 

An  appeal  cannot  be  had  from  an  order  appointing  a  receiver  in  liankruptcy,  but 
where  the  appointment  is  made  by  the  same  order  which  directs  service  upon  the 
aUegt'd  bankrupt  by  publication  and  such  order  is  reversed  and  set  aside  on  appeal, 
the  appointment  of  the  receiver  falls  with  it. 

Bauman  Diamond  Co.  v.  Hart  (C.  C.  A.  5th  Cir.),  27  Am.  B.  R.  632;  192  Fed.  498; 
113  C.  C.  A.  104. 

In  re  Cash-Papworth,  Grow-Sir  [In  re  Franklin  Sugar  Refining  Co.]  (C.  C.  A.  2nd 
Cir.),  31  Am.  B.  R.  709;  210  Fed.  24;   126  C.  C.  A.  604. 

When  appeal  is  pending  from  decree  or  order  dismissing  petition  in  involuntary 
bankruptcy,  property  will  not  be  taken  out  of  hands  of  receiver. 

In  re  Ward,  28  Am.  B.  R.  36;   194  Fed.  179. 

Powers  of  receiver. 

In  re  Heim  Milk  Product  Co.  (D.  C.  N.  Y.),  25  Am.  B.  R.  746;  183  Fed.  787. 

No  authority  to  compromise  claims  against  bankrupt  estate  without  order  of 
Court. 

Southern  Steel  &  Iron  Co.  v.  Hickman  &  Co.  ^C.  C.  Ala.),  27  Am.  B.  R.  203,  208; 
190  Fed.  888. 

Duties  of. 

In  re  Desrochers  (D.  C.  N.  Y.),  (supra). 

In  re  Tisch,  29  Am.  B.  R.  339;  202  Fed.  1018. 


FORM  No.  54. 

CONSENT  OF  BANKRUPT  TO  APPOINTMENT  OF  RECEIVER. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  ]\rATTER 
OF 


Bankrupt. 


V    Xo. 


I  hereby  consent  to  the  appointment  of  a  receiver  as  prayed  for  in  the  fore- 
going petition,  (and  that  I  l)e  adjudged  a  l)ankrupt,  as  prayed  for  in  the  peti- 
tion of   ,  and  others,  verified   ,  19 .  . . ) ,  and 

I  hereby  waive  any  bond  on  the  part  of  the  petitioning  creditors. 

Dated , , ,19... 


FORMS  IX  BANKRUPTCY. 


Ill 


State  of  , . 
Coimty  of 


ss. 


On  this day  ul' ,  19 .  . . ,  before  me  personally 

.:])peared ,  to  nie  known  and  known  to  me  to  be  the  person 

described  in  and  who  executed  the  foregoing  consent  and  duly  acknowledged 
to  me  that  he  executed  the  same. 


FORM  No.  55. 

BOND     OF     PETITIONING     CREDITOR     UPON     APPOINTMENT     OF 

RECEIVER. 

District  Court  of  the  United  States, 

District  of : 


In  tub  ^Iatter 

OF 


-   In  Bankruptcy 


Bank  ru  pi. 


Know  all  men  l)y  these  j^resents 
That    


as  principal  and  the Company,  having  an  office  and 

usual  ])lace  of  business  at  Xo Street,  in  the  City  of 

,   State  of    as  surety,  are  held   and  firmly 

liound  unto 

in  the  full  and  just  sum  of 

Dollars,  lawful  money  of  the  United  States  of 

America,  to  which  payment  well  and  truly  to  be  made,  we  bind  ourselves,  our 
heirs,  executors  and  administrators,  successors  and  assigns,  jointly  and  sever- 
ally, firmly  by  these  presents.     Sealed  with  our  seals  and  dated  the 

day  of ,  in  the  year 

Whereas,  a  petition  has  been  duly  filed  in  this  Honorable  Court,  praving 
that  the  said 


be  adjudged  bankrupt         ,  and  an  appli- 
cation has  been  made  for  the  appointment  of  a  receiver  to  take  charge  of  and 


112  FORMS  IN  BAXKEUPTCY. 

hold  the  property  of  the  said  alleged  bankrupt        ,  prior  to  the  adjudication, 
and  pending  the  hearing  upon  the  said  petition. 

Xow,  therefore,  the  condition  of  the  above  obligation  is  such.  That  if  the 
said    


shall  in  the  event  of  the  said  petition  being  dismissed,  pay  to  the  said 


alleged  bankrupt 

or legal  representative,  all  costs,  expenses  and  damages 

occasioned  by  such  seizure,  taking  and  detention  of  the  property  of  said  alleged 
bankrupt      ,  then  the  above  obligation  to  be  void,  otherwise  to  ])e  and  remain 
in  full  force  and  virtue. 
In  presence  of 

"••    {L.S.) 

The Co. 

By    

Manager. 
Attest :    , 

Attorney-in-fact. 
[Acknowledgment.] 
[Justification  of  surety.] 

NOTES. 

Act,  Sec.  3-e.     Cross-References,  Sees.  2,  (3),  (15),  69-a. 

Required  where  application  is  made  for  a  receiver  to  take  charge  of,  and  hold  the 
property  of  the  alleged  bankrupt  or  any  part  thereof,  prior  to  the  adjudication  and 
pending  a  hearing  on  the  petition. 

Receiver  and  marshal  take  possession  of  tlie  property  for  substantially  same  pur- 
pose.    Bonds  given  under  3-e  and  69-a  construed. 

T.  E.  Hill  Co.  v.  U.  S.  Fidelity  and  Guaranty  Co.  (111.  Sup.  Ct.),  33  Am.  B.  R.  781; 
250  Til.  242;  95  N.  E.  150. 

Bond  by  single  surety  company  sufficient. 

In  ro  Sears-Humbert  and  Co.,  10  Am.  B.  R.  3S9. 

Runs  only  to  respondents  at  time  bond  is  given. 

In  re  Spalding  (C.  C.  A.  2nd  Cir.),  17  Am.  B.  R.  667;   150  Fed.  120;  80  C.  C.  A.  74. 

The  bond  should  be  filed  before  the  receiver  takes  possession. 

In  re  Haff  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  354;   135  Fed.  742;  68  C.  C.  A.  340. 

In  re  Sunseri,  18  Am.  B.  R.  231;  156  Fed.  103. 

In  re  McKane,  18  Am.  B.  R.  594;   158  Fed.  647. 

Compare  In  re  Ilines,  16  Am.  B.  R.  538;  144  Fed.  147. 

Liability  of  bondsmen  upon  dismissal  of  petition. 

In  re  Smith.  16  Am.  B.  R.  478;  146  Fed.  923.  Selkregg  v.  Hamilton,  16  Am.  B.  R. 
474;   144  Fed.  557. 

In  re  Nixon,  6  Am.  B.  R.  693;   110  Fed.  633. 

In  re  Sears-Humbert  and  Co.,  10  Am.  B.  R.  389. 

In  re  Mines,  16  Am.  B.  R.  538;  144  Fed.  147. 


FORMS  IN  BANKRUPTCY.  113 

In  re  Williams,  9  Am.  B.  R.  736;  120  Fed.  34.  Nixon  v.  Fidelity  and  Deposit  Co. 
of  Maryland  (G.  C.  A.  9th  Cir.),  18  Am.  B.  K.  174;   150  Fed.  574;  80  C.  C.  A.  336. 

In  re  Lavoc  (C.  C.  A.  2nd  Cir.),  15  Am.  B.  R.  290;  142  Fed.  960;  74  C.  C.  A.  130, 
Hoffschlaefjer  Co.  v.  Young  Xap,  12  Am.  B.  R.  526. 

To  sustain  action  in  State  court  on  bond  not  necessary  that  costs  and  damages 
be  first  fixed  by  Bankruptcy  Court. 

T.  E.  Hill  Co.  V.  U.  S.  Fidelity  &  (Guaranty  Co.,  33  Am.  B.  R.  781;  250  111.  242;  95 
N.  E.  150. 

Recovery  may  be  had  even  tliough  taking  of  property  by  receiver  is  not  proven 
to  have  been  ■wrongful,     s.  c.  supra. 

Liable  only  for  usual  costs  unless  petitioners  acted  without  probable  cause  and 
with  malice,  when  the  remedy  is  a  suit  in  the  nature  of  malicious  prosecution. 

In  re  .Moehs  v.  Rechnitzer  (D.  C.  N.  Y.),  22  Am.  B.  R.  286;  174  Fed.  165. 

T.  E.  Hill  Co.  V.  Contractors,  etc.,  Co.  (App.  Ct.  111.),  24  Am.  B.  R.  84. 

See,  "Collier  on  Bankruptcy,"  10th  Ed.  p.  983.  Compare  In  re  Philadelphia  and 
Lewes  Transportation  Co.,  11  Am.  B.  R.  444;  127  Fed.  896. 

In  re  Metals  Extraction  and  Refining  Co.,  27  Am.  B.  R.  11;  195  Fed.  226. 

In  re  Ward  (D.  C.  N.  J.),  29  Am.  B.  R.  547;  203  Fed.  769. 

Counsel  fees  disallowed. 

In  re  Shon  (D.  C.  Mass.),  32  Am.  B.  R.  388;  212  Fed.  797. 

Alleged  bankrupt  should  file  his  bill  of  costs  with  the  clerk  and  give  notice  to  the 
creditors. 

In  re  Haeseler-Kohlhoff  Carbon  Co.,  14  Am.  B.  R.  381;   135  Fed.  867. 

No  liability  on  petitioning  creditors  for  trustee's  deficit. 

In  re  Metals  Extraction  and  Refining  Co.,  27  Am.  B.  R.  11;  195  Fed.  226;  115 
C.  C.  A.  178. 

Recovery  only  against  person  or  persons  applying  for  appointment  of  receiver  and 
not  against  the  petitioning  and  intervening  creditors  generally. 

In  re  Ward  (D.  C.  N.  J.),  29  Am.  B.  R.  547;  203  Fed.  769. 


FORM  No.  56. 

PETITION  THAT  BOND  OF  PETITIONING  CREDITORS  BE  INCREASED. 

United  States  District  Court, 

for  the District  of :: 

In  Bankruptcy, 


Ix  THE  Matter 

OF 


Alleged  Banl-rvpf. 


Xo. 


J 


To  the  District  Court  of  the  United  States, 
for  the District  of 


114  FORMS  IX  BAXKRUPTCY. 

The  petition  of respectfully  shows : 

1.  That  he  is  the  president  of ,  a  corporation,  against 

which  a  petition  in  involuntary  hankruptcy  was  filed  herein  l)y , 

, and on  the 

day  of ,19... 

2.  That  on  same  day,  upon  the  petition  of  said  creditors  and  the  filing 

of  a  cost  hond  hy  said  creditors, was  appointed  temporary 

receiver  and  duly  qualified. 

3.  That  the  receiver  has  taken  possession  of  the  ])lace  of  ])usiness  and  all 
the  assets  of  said Co. 

4.  That  on  the day  of ,19  .  .  . ,  the  said 

,  alleged  bankrupt,  appeared  and  filed  an  answer  in  this  pro- 
ceeding denying  its  insolvency,  denying  the  acts  of  bankruptcy  charged,  or 
that  it  should  be  adjudged  bankrupt  upon  any  ground. 

5.  That  the  bond  filed  by  the  petitioners  herein  for  $250  is  entirely  in- 
adequate for  the  following  reasons : 

[Here  show  value  of  assets,  loss  of  credit,  shrinkage  of  assets,  etc.,  due  to 
filing  of  petition.] 

G.  That  in  view  of  the  above  facts  and  conditions,  the 

Co.  should  be  adequately  secured  and  protected  against  the  action  of  the 
petitioning  creditors  in  the  appointment  of  a  receiver,  in  case  the  petition  is 
dismissed  and  adjudication  refused.  That  the  said  bond  of  the  petitioning 
creditors  should  be  increased  to  $ to  afford  such  protection. 

No  previous  application  has  been  made  for  the  relief  herein  prayed  for. 

Wherefore  your  petitioner  prays  that  an  order  be  entered  increasing  the 

amount  of  petitioners'  bond  to dollars,  and  in  default  thereof 

an  order  be  entered  discharging  the  receiver  and  directing  the  return  of  the 

property  now  held  by  said  receiver  to  the Co.,  the  alleged 

bankrupt. 

Fetilioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY. 


115 


FORM  No.  57. 

ORDER  DENYING  PETITION  TO  INCREASE  BOND. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at 

the  Court  House,  City  of , 

on  the day  of , 

19... 


Present  : 
Hon. 


District  Jud<je. 


Ix  THE  Matter 

OF 


Bankrupt. 


V    Xo. 


A  motion  having  been  made  herein  by ,  the  bank- 
rupt, upon  petition  verified  the day  of 10 .  . . 

that  the  petitioning  creditors'  bond  should  be  increased  to  $ ,  and 

said  motion  having  come  on  for  hearing  before  this  court, 

Now  upon  reading  and  filing  the  said  petition  and  notice  of  motion,  and 

the  annexed  affidavit  of ,  duly  verified,  and  after  hearing 

of  counsel  for  the  bankrupt  in  support  of  the  motion,  and 

of  counsel  for  the  petitioning  creditors  in  opposition 

thereto,  and  upon  motion  of ,  attorneys  for  the  petitioning 

creditors,  and  due  deliberation  having  been  had,  it  is 

Ordered  that  the  motion  for  an  order  increasing  the  petitioning  creditors' 
bond  filed  in  this  court,  be  and  the  same  is  hereby  denied. 


D.J. 


116 


FOEMS  IX  BANKRUPTCY. 


FORM  No.  58. 

PETITION  FOR  APPOINTMENT  OF  RECEIVER  AFTER  ADJUDICATION 
BY  REFEREE  AND  CONSENT  OF  CREDITORS. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 

In  the  Matter 

OF 

I    Xo. 


Banl'rupt. 


To 


,  Esq., 

Referee  in  Banlruptcy. 

The  petition  of respectfully  shows : 

That  he  is  a  creditor  of ,  the  bankrupt  herein,  having  a 

provable  claim  for  $ 

That  the  said  bankrupt  was  duly  adjudicated  herein,  on  the day 

of ,  19. .  .,  and  on  the  same  day  this  proceeding  was  duly 

referred,  but  that  a  trustee  cannot  be  appointed  for  some  time  to  come. 

That  the  bankrupt  estate  consists  of  and  is  worth  substantially  as  follows: 

[Here  state  full  particulars.] 

That  it  is  absolutely  necessary  for  the  preservation  of  said  estate  that  a 
temporary  receiver  be  appointed  to  take  charge  of  the  same,  for  the  following 
reasons :   


[That  it  will  be  for  the  best  interests  of  the  creditors  of  this  estate,  that 
the  business  located  as  almve  stated,  be  continued  until  a  trustee  can  be 
appointed  and  qualify,  for  the  following  reasons :] 

That  no  previous  application  has  been  made  to  this  court  for  the  order 
hereinafter  asked. 

"\Mierefore,  your  petitioner  prays  that  a  temporary  receiver  may  be  appointed 
herein,  (with  authority  to  continue  said  business,)  and  for  such  other  order 
as  shall  l)e  just  and  lawful. 

Dated   ,  ,  19... 


Petitioner. 


[Verification.] 


FORMS  IN  BANKRUPTCY. 


117 


CONSENT  OF  CREDITORS. 

We,  the  undersigned,  creditors  of  said  bankrupt,  holding  unsecured  chiims 
in  the  amounts  set  opposite  our  names,  do  hereby  consent  to  and  request  the 
appointment  of  a  temporary  receiver  herein. 

Dated , ,  19.  . . 

,  $ 

,  $ 

,  $ 

NOTES. 

Appointment  of  receiver  by  referee. —  Xot  permitted  in  some  jurisdi.'tions  includ- 
ing .Southern,  Xorthern  and  Eastern  districts  of  New  York  except  by  special  order  of 
judge. 

By  rule  XXX  in  Western  District  of  New  York,  referees  may  appoint  in  voluntary 
proceedings  upon  certificate  from  clerk  that  judge  is  absent  from  the  district. 

In  no  case  can  an  appointment  be  made  by  referee  before  order  of  adjudication  and 
reference. 

In  re  Florcken,  5  Am.  B.  R.  802;   107  Fed.  241. 

Mueller  v.  Nugent,  7  Am.  B.  R.  224;   184  U.  S.  1;  46  L.  Ed.  405. 


FORM  No.  59. 

ORDER    APPOINTING    RECEIVER    AFTER   ADJUDICATION. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


Ix  THE  ]\Iatter 

OF 


Banl-rupt. 


)■    No. 


,  a  creditor  herein  having  filed  a  petition  verified  the 

day  of ,  19 .  .  . ,  praying  for  the  appointment  of  a 

receiver,  (and  that  said  receiver  be  authorized  to  continue  the  business  in  the 
usual  and  ordinary  manner,)  and  it  appearing  that  the  appointment  of  a 
receiver  herein  is  absolutely  necessary  for  the  preservation  of  the  estate,  (and 
a  majority  in  amount  of  creditors  having  consented  thereto.) 

Now.  on  motion  of ,  Esq.,  attorney  for  said  creditor,  it  is 


lis  FOEMS  IX  BANKRUPTCY. 

Ordered,  that Esq.,  of  the of 

iu  said  district,  be,  and  he  hereby  is,  appointed  temporary  receiver  of  the 
estate  of  said  bankrupt,  with  all  the  usual  powers,  and  directed  to  file  a  bond  in 
the  sum  of  $ ,  with  sufficient  sureties,  to  be  approved  by  this  court. 

(And  it  is  further  ordered  that  said  receiver  continue  the  business  of  said 

bankrupt,  at  No Street,  in  the of , 

in  said  district.) 

[That  said  receiver  have  power  also  to 

'.^y.'.'.'.'.'.^'. • ] 

That  said  receiver  continue  as  such  until  the  appointment  and  qualificatioD 
of  a  trustee  herein  or  further  order  of  this  court. 
Dated , ,19... 


Referee  in  Banlruptcy. 


FORM  No.  60. 


BOND    OF   RECEIVER. 


District  Court  of  the  United  States, 
District  of 


Ix  THE  Matter 
OP 


Bankrvpi. 


In  Bankruptcy. 


Know  all  men  by  these  presents : 
That 


as  Principal  and  the Company,  havinfj  an  office  and  place 

of  business  at  No Street,  in  the  City  of 

,  State  of ,  as  Surety,  are  held  and  firmly  bound 

unto  the  United  States  of  America  in  the  sum  of 

Dollars,  lawful  money  of  the  United 

States,  to  l)e  paid  to  the  said  the  United  States  of  America,  for  which  payment, 
well  and  truly  to  be  made,  the  said 


FORMS  IN  BANKRUPTCY.  119 

binds  himself,  his  heirs,  executors  and  administrators,  and  said 

Company  l)inds  itself,  its  successors  and  assigns,  Jointly  and  severally,  (irmly 

by  these  presents.     Sealed  with  our  seals  and  dated  the day  of 

,  in  the  year 

Whereas,  by  an  order  made  by  Hon ,  United  States 

District  Judge,  dated  the   day  of ,  19 . . .  the  said 

was  appointed,  with  the  usual  powers,  receiver 

of  all  the  property,  assets  and  effects  of 

bankrupt       ,  until  the  appointment  of  a  trustee  in  bank- 
ruptcy herein. 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if  the  said 

shall  faithfully  discharge  the  duties  of  his  trust 

as  such  receiver,  and  shall  well  and  truly  account  for  all  moneys  and  propertv 
that  shall  come  into  his  hands,  and  shall  abide  by  and  perform  all  things  which 
he  in  said  order  is  instructed  to  do,  or  shall  hereafter  he  by  the  Court  com- 
manded to  perform,  then  this  obligation  shall  be  void;  otherwise  to  be  in  full 
force  and  effect. 
Sealed  and  delivered 
in  presence  of 

L.S 

Companv. 

By   '. 

Manager. 

Attest :    

Attorney-in-fact. 
[Acknowledgment  and  Justification  by  Surety.] 
[Acknowledgment  by  Principal.] 


120 


FOEMS  IN  BANKKUPTCY 


FORM  No.  61. 

PETITION  FOR  ORDER  REDUCING  AMOUNT  OF  RECEIVER'S  BOND 

AND  ORDER  THEREON. 

United  States  District  Court, 

for  the District  of : 


In  the  Matter 

OF 


Banl'Tupt. 


In  Bankruptcy. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows : 

1.  That  by  an  order  of  this  Court  dated your  peti- 
tioner was  duly  appointed  receiver  of  the  above  named  bankrupt  and  required 
to  file  a  bond  in  the  penalty  of  $ 

2.  That  petitioner  has  duly  qualified  and  taken  possession  of  the  assets  of 
said  bankrupt  situated  at 

3.  That  the  order  appointing  your  petitioner  as  such  receiver  was  granted 

upon  the  petition  of   wherein  it  was  stated  that  the 

probable  value  of  the  assets  which  would  come  into  the  receiver's  hands  was 
dollars,  while  petitioner  with  the  exercise  of  due  dili- 
gence has  ])een  able  to  find  and  take  possession  of  assets  of  only  about  the 
value  of  $ 

4.  That  the  amount  of  the  yearly  premium  on  petitioner's  bond  as  now 

filed  is  the  sum  of  $ ,  which  is  excessive  and  an  unnecessary 

expense  in  view  of  the  small  amount  of  property  coming  into  petitioner's 
hands. 

Wherefore  petitioner  respectfully  prays  that  the  amount  of  his  bond  bo 
reduced  to  the  sum  of  $ 


Peiitioner. 


Verification.] 


[Order  Reducing  Amount  of  Receiver's  Bond.] 

[Title.] 

On  reading  and  filing  the  annexed  petition  of verified 

the day  of ,  191 .  . . ,  and  on  the  order 


FOKMS  IN  BANKRUPTCY.  121 

appointing receiver  entered  herein,  on  the 

day  of ,  191 .  . .,  and  sufficient  reason  appearing  therefor,  it 

is 

Ordered,  that  the  said  order  of ,  191. . .,  be  amended  in 

so  far  as  it  requires  that  the  said  receiver  give  a  bond  in  the  sum  of 

dollars  for  the  faithful  performance  of  his  duties  as  such  receiver  by  reducing 
the  amount  of  said  bond  to  the  sum  of dollars. 

Dated ,  19.  . . 


D.J. 


FORM  No.  62. 


PETITION  BY  RECEIVER  TO  EMPLOY  COUNSEL. 


United  States  District  Court, 

for  the    District  of 

in  Bankruptcy. 


Ix  THE  ]\Iatter 

OF 


Bankrupt. 


V    No. 


To  the  District  Court  of  the  United  States, 

for  the   District  of ': 

The  petition  of respectfully  shows : 

1.  That  on  the day  of ,  19 .  . . ,  he  was  duly 

appointed  receiver  in  bankruptcy  of  the  above  named  bankrupt  and  has  duly 
qualified  and  filed  his  bond  in  the  penalty  required. 

2.  That  in  the  administration  of  the  estate  and  in  the  performance  of 
his  duties  as  receiver,  it  will  be  necessary  for  your  petitioner  to  employ  counsel 
for  the  purpose  of  conducting  an  examination  of  the  bankrupt,  relative  to 
moneys  alleged  to  have  been  paid  to  creditors  by  way  of  preferences  and  in 
the  discovery  of  assets,  collection  of  outstanding  accounts  and  for  other  matters 
incident  to  the  administration  of  the  estate. 

[Here  set  forth  any  other  reasons.] 

3.  Your  petitioner  desires  to  employ  as  his  counsel the  attorney 

for  the  petitioning  creditors  herein,  and  believes  him  well  qualified  to  act 


122 


FOEMS  IX  BAXKEUPTCY 


as  counsel  iu  this  matter  to  your  petitioner,  and  that  he  represents  no  interests 
adverse  to  petitioner  or  the  estate  of  the  alleged  bankrupt. 

Wherefore,  your  petitioner  would  respectfully  pray  for  an  order  authorizing 
and  permitting  him  to  retalii as  his  counsel  in  this  pro- 
ceeding. 


Petitioner. 


[A'crification.] 


FORM  No.  63. 

AFFIDAVIT  OF  ATTORNEY  THEREON. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


State  of  .  . . 
County  of 


ss. 


,  being  duly  sworn,  deposes  and  says: 

That  he  is  an  attorney  and  counselor  at  law  of  the  State  of , 

and  admitted  to  practice  in  this  court ;  that  he  does  not  represent  the  above 
bankrupt;  and  is  in  no  way  connected  with  said  bankrupt;  that  he  represents 

no  interests  adverse  to ,  as  receiver  in  bankruptcy  of  the 

above  named  estate  and  knows  of  no  reason  why  he  should  not  act  as  the 
attorney  and  counsel  for  the  said  receiver  in  this  proceeding. 

Sworn  to  before  me  this day  of ,  19 .  . . 


FORMS  IN  BANKRUPTCY. 


123 


FORM  No.  64. 

ORDER  AUTHORIZING   RECEIVER   TO   RETAIN   COUNSEL. 

At  a  stated  term  of  the  District  Court 
of   I  he    rnited    States,   hehl    in    and    for 

the District  of 

at  the   United  States  Court  House,  City 

of ,011  the  

day  of ,  19. .  . 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


On  readino;  and  filing  the  annexed  petition  of , 

receiver  of  the  above  named  bankrupt,  verified  the   day  of 

,  19 ... ,  and  the  affidavit  of duly  verified, 

and  it  appearinf]^  to  the  Court  that  the  prayer  of  the  said  petition  is  reasonable 
and  proper,  it  is 

Ordered  that  the  said  receiver  be  and  he  hereby  is  authorized  and  em- 
powered to  employ   as  his  attorney  in  this  proceeding. 


D.  J. 


NOTES. 


Petition  and  order  to  retain  counsel  necessary  under  local  rules  in  many  districts. 

See,  Rule  XX,  So.  District  of  N.  Y. 

Rule  XXXII,  Western  District  of  N.  Y. 

Selection  of  counsel  by  receiver. 

In  re  Strobel  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  22;  160  Fed.  916;  8S  C.  C.  A.  98. 

In  ro  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  .528;   102  Fed.  747. 

In  re  Champion  Wapon  Co.  (D.  C.  N.  Y.),  28  Am.  B.  R.  51 ;  193  Fed.  1004. 

Receiver  should  engage  independent  counsel. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  747. 

In  re  Zier  &  Co.  (C.  C.  A.  7th  Cir.),  15  Am.  B.  R.  646;  142  Fed.  102;  7.3  C  C.  A. 


32G. 


124  FOEMS  IN  BANKRUPTCY. 

FORM  No.  65. 

PETITION  BY  RECEIVER  TO  CONTINUE  BUSINESS  OF  BANKRUPT. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of ,  respectfully  shows : 

That  by  an  order  of  this  court,  dated ,  your  petitioner 

was  duly  appointed  receiver  herein,  and  duly  qualified  by  filing  the  required 
bond.  That  on  entering  upon  his  duties  herein  as  receiver,  your  petitioner 
has  taken  possession  of  the  property,  assets  and  effects  of  the  bankrupt,  con- 
sisting of 

at Street,  

That  he  has  made  a  careful  investigation  of  the  condition  of  the  bankrupt's 
business  and  finds  that  said  bankrupt  has  on  hand  a  large  number  of  unfilled 

orders,  from  which  it  is  estimated  the  sum  of  $ ,  could  be  realized 

upon  completion  of  same. 

That  there  is  also  a  large  stock  of  material  on  hand,  consisting  of 

and  largely  available  for  the  purjwse  of  completing  such  orders. 

That  this  property  will  be  greatly  enhanced  in  value  by  making  it  up  into 
manufactured  goods;  otherwise,  but  a  small  amount  will  l)e  realised  for  the 
creditors  in  disposing  of  the  property  in  its  present  condition. 

Your  petitioner  believes  it  to  be  necessary  in  the  best  interests  of  this  eshite 
that  he  l)e  permitted  to  carry  on  the  business  for  a  limited  period  and  fill  these 
orders. 

(That  at  the  time  of  the  petition  in  bankruptcy  was  filed  against  the  said 
bankrupt,  he  was  endeavoring  to  effect  a  settlement  with  his  creditors,  and 
said  bankrupt  as  your  petitioner  is  informed,  believes  that  he  can  now  effect 
such  settlement  with  his  creditors,  if  the  business  be  continued  and  the  good 
will  preserved.) 


FORMS  IN  BANKBUPTCY. 


125 


Wherefore,  your  petitioner  respectfully  prays  that  he  be  permitted  and  em- 
powered to  continue  the  business  as  conducted  by  the  bankrupt  for  a  period 

of days,  and  that  in  the  conduct  of  the  business,  he  be  permitted 

to  incur  such  expense  and  enter  upon  such  contracts  as  in  his  judgment,  may 
seem  proper  in  the  premises. 

Dated , ,  19 .  .  . 


Petitioner. 


[Verification.] 


FORM  No.  66. 

ORDER   AUTHORIZING   RECEIVER   TO    CONTINUE   BUSINESS   OF 

BANKRUPT. 

At  a  stated  term  of  the  United  States 
District  Court  held  in  and  for  the .... 

District  of ,  at  the  Court 

House  in  the  City  of ,  on  the 

day  of ,  19.  . 

Present  : 

Hon 


District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


On  the  annexed  petition  of   ,  receiver  herein,  verified 

the day  of ,  19 .  .  . ,  and  it  appearing  to  me  to 

be  in  the  best  interests  of  the  estate,  it  is  hereby, 

Ordered  that ,  as  receiver  herein,  be  and  he  hereby  is 

permitted,  authorized  and  em])owered  to  continue  and  carry  on  the  l)usiness 

as  conducted  by  the  l)ankrupt  herein,  for  a  ])eriod  of days, 

from  date  hereof,  and  in  the  conduct  of  said  1)usiness,  to  make  such  contracts 
and  incur  such  expense  as  in  his  discretion  may  be  necessary. 


D.J. 


126  FORMS  IN  BANKHUPTCY. 

NOTES. 
Continuance  of  a  going  business.    Act,  Sec,  2,  (5),  48-e. 

Authority. —  Creditors  should  join  in  application. 

In  re  Bourlier  Cornice  and  Roofing  Co.,  13  Am.  B.  R.  585,  590;  133  Fed.  958. 

Receiver  may  be  authorized  to  borrow  money  to  continue  bankrupt's  business. 

In  re  Restein,  20  Am.  B.  R.  832  j  102  Fed.  986. 

Order  authorizing  may  not  be  attacked  collaterally. 

In  re  Isaacson  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  98;  174  Fed.  400;  98  C.  C.  A.  614. 

[Surcharging  receiver's  accounts  for  persisting  in  carrying  on  an  unprofitable 
business. 

In  re  Consumers  Coffee  Co.,  20  Am.  B.  R.  835;   162  Fed.  780. 

In  re  Isaacson   (swpra). 

Receiver  should  not  carry  on  a  business  at  exjjense  of  secured  creditor  who  does 
not  consent. 

In  re  Bourlier  Cornice  and  Roofing  Co.  (supra). 

Duty  of  persons  dealing  with  receiver  running  business  to  investigate  extent  or 
receiver's  authority. 

In  re  Erie  Lumber  Co.,  17  Am.  B.  R.  689,  707;  150  Fed.  817. 


FORM  No.  67. 


PETITION  TO  DISCHARGE  LIENS. 


United  States  District  Court, 

District  of  . . . 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows : 

1.  That  by  an  order  of  this  Court  dated petitioner 

was  appointed  receiver  of  the  above  named  liankrupt  and  duly  qualified. 

2.  That  he  has  taken  possession  of  the  assets  of  said  liankrupt  and  particu- 
larly a  certain  contract  for 

[Here  specify  substance,  property,  etc."] 

That  a  lar<je  proportion  of  said  contract  has  been  perforined  and  completed 
by  the  said  bankrupt  and  it  is  necessary  that  same  be  wholly  completed  under 
the  terms  of  said  contract  to  avoid  forfeiture. 


FORMS  IN  BANKRUPTCY. 


127 


3.  That  notices  of  the  following  alleged  liens  have  been  filed  in  the  office 
of pursuant  to  the  lien  law  of  the  State  of 

[Names  of  lienors  and  amounts.] 

4.  Petitioner  is  informed  and  verily  believes  that  many  of  said  alleged  liens 
are  defective  and  of  doubtful  legal  validity.  That  it  is  for  the  best  interest 
of  this  estate  that  your  petitioner  be  authorized  and  permitted  to  discharge 
said  liens  by  deposit  of  moneys  or  bond  as  provided  by  the  lien  law  of  the 
State  so -as  to  comi^lete  said  contract  and  release  the  moneys  or  payments  now 
tied  up  thereon. 

Wherefore  your  petitioner  prays  for  an  order  authorizing  and  permitting 
him  to  discharge  the  liens  as  herein  enumerated  by  deposit  of  moneys  or  Ijv 
bond  in  his  discretion  and  to  proceed  with  the  completion  of  said  contract  and 
for  such  other  or  further  relief  as  may  be  just  and  proper. 


Petitioner. 


Verification.] 


FORM  No.  68. 

ORDER    TO    DISCHARGE    LIENS. 


At  a  stated  term  of  the  District  Court 
of  the  United  States  held  in  and  for  the .  . 

District  of ,  at  the  Court 

House  in  the  City  of ,  on  the 

,  day  of  ,  19 .  . 


PKESENT  : 

Hon. 


District  Judge. 


Ix  THE  Matter 

OF 


)-    Xo. 


Banlrrupt. 


Upon  reading  and  filing  the  petition  of the  receiver 

herein  verified    and  it  appearing  that  the  prayer 

thereof  is  reasonable  and  proper,  it  is  on  motion  of 

attorneys  for  the  said  receiver 


128 


FOEMS  IX  BAXKEUPTCY. 


Ordered  that the  receiver  herein  be  and  he  hereby 

is  authorized  and  permitted  in  his  discretion  to  discharge  forthwith  certain 

alleged  liens  against  the  amount  due  the  bankrupt  from under 

a  contract  for  the  construction  of notice  of  which  alleged 

liens  have  been  filed  with by and .... 

in  the  sums  of and by 

depositing  with    on   behalf  of  the  alleged  bankrupt 

pursuant  to  provisions  of  the  Lien  Law  of  the  State  of , 

such  sums  of  money  as  may  be  fixed  and  directed  by   (State 

court)  or  a  justice  thereof,  to  be  deposited  to  discharge  such  alleged  liens  or 
in  lieu  thereof  by  filing  bond  as  required  by  said  Lien  Law. 


District  Judge. 


FORM  No.  69. 

ORDER  THAT  RECEIVER  COMPLETE  CONTRACTS. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the  Court 

House,  City  of ,  on  the 

,  day  of  ,  19 .  . 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Banlrupt. 


Upon  reading  and  filing  the  annexed  petition  of , 

receiver  herein,  verified  the   day  of ,  19 ... , 

and  the  annexed  consent  dated ,  19.  .  .,  and  on  motion  of 

,  attorney  for  receiver,  it  is 

Ordered  that  said   ,  receiver  herein,  be  and  he  hereby  is 

permitted  and  allowed  to  complete  the  orrlers  which  have  come  into  his  posses- 
sion and  which  arc  in  the  course  of  manufacture  or  unfilled,  and  to  dispose 


FORMS  IN  BANKRUPTCY.  129 

of  the  same  when  completed,  in  the  regular  course  of  business,  for  cash,  and 
to  make  such  expenditures  in  relation  thereto  as  may  become  necessary. 


D.J. 


FORM  No.  70. 

AFFIDAVIT   BY   RECEIVER   FOR   LEAVE   TO   BEGIN    SUIT. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


State  of  . . 
County  of 


ss. 


,  being  duly  sworn,  deposes  and  says : 

1.  That  on   ,  19.  .  .,  a  petition  in  involuntary  bankruptcy 

was  filed  against the  l)ankrupt  above  named,  by.  . . . 

and  others ;  that  on  the  said   ,  19 .  . . ., 

deponent  was  duly  appointed  receiver  in  bankruptcy  of  the  ahoxQ  named  bank- 
rupt and  required  to  file  a  bond  in  the  sum  of  $ and  the  same  was 

duly  filed  and  approved ;  that  thereafter  deponent  entered  u]wn  his  duties 
as  such  receiver  aiid  is  now  continuing  to  act  as  such. 

2.  That  no  adjudication  has  been  had  herein;  that  a  considera])le  period 
of  time  must  necessarily  elapse  before  a  meeting  of  creditors  can  be  called  and 
a  trustee  elected  herein.     That  among  the  assets  belonging  to  the  estate 

herein  and  in  possession  of  deponent  are  certain  promissory  notes  for  $ , 

each  made  to  the  order  of  tlie  said  bankrupt  by   and  due 

,  19 . . .  That  as  said  promissor)'-  notes  are  due  and  unpaid, 

and  there  is  grave  danger  that  same  will  ])ecome  uncollectil)le  before  a  trustee 
can  be  elected  and  qualify  herein ;  that  as  no  trustee  can  be  elected  before 

10 ... ,  deponent  l)elieves  that  it  is  for  the  l)est  interests 

of  the  estate  herein  that  he  be  authorized  to  commence  an  action  on  said 
promissory  notes  as  soon  as  possible. 

3.  Xo  previous  application  has  been  made  for  this  order. 
Sworn  to  before  me  this day  of ,  19 .  .  . 


130 


FORMS  IX  BANKRUPTCY. 


FORM  No.  71. 


ORDER    AUTHORIZING    RECEIVER    TO    BEGIN    SUIT. 


At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the  Court 

House,  City  of ,  on  the 

,  day  of ,  19 .  . 


Present  : 
Hon. 


District  Judge. 


In  the  IMatteu 

OF 


Banl-rupt. 


On  the  petition  in  involuntary  bankruptcy  herein,  subpoena  and  all  the 

proceedings  herein,  and  on  reading  and  filing  the  affidavit  of , 

receiver  in  bankruptcy  of   ,  banlcrupt,  verified , 

19.  .  .,  and  on  motion  of   ,  attorney  for  the  said  receiver, 

and  sufficient  reason  appearing  therefor,  it  is,  upon  motion  of , 

attorney  for  said  receiver, 

Ordered  that ,  receiver  of  the  bankrupt  herein,  be 

and  he  is  hereby  authorized,  empowered  and  directed  to  commence  an  action 
against upon  the  following  cause  of  action : 


D.J. 
NOTES. 

Suits  by  receiver. —  Little  used,  as  a  receiver  in  bankruptcy  is  a  mere  custodian. 
Court,  however,  has  power  to  authorize  receiver  to  institute  all  necessary  actions  at 
law  or  suits  in  equity  for  the  recovery  or  preservation  of  the  alleged  bankrupt's  prop- 
erty.    In  re  Fixen,  2  Am.  B.  R.  822;  96  Fed.  748. 

May  maintain  summary  proceedings. 

In  re  Muncie  Pulp  Co.  (C.  C.  A.  2d  Cir.),  14  Am.  B.  R.  70;   139  Fed.  546. 

Or  replevin. 

Unrnaih  v.  Douglass,  75  Conn.  633. 

Cannot  sue  in  another  district. 


FORMS  IN  BANKRUPTCY. 


131 


In  re  National  Mercantile  Agency,  12  Am.  B.  K.  189;  128  Fed.  639. 

Jn  re  Schrom,  3  Am.  B.  R.  352;  97  Fed.  760. 

A  temporary  receiver  in  bankruptcy  has  no  authority  to  bring  an  action  to  set 
aside  an  alleged  fraudulent  transfer  by  the  bankrupt. 

Guarantee  Title  and  Trust  Co.  v.  I'earlman,  16  Am.  B.  K.  461;  144  Fed.  550. 

Frost  et  al.  v.  Latham  &  Co.  et  al.,  25  Am.  B.  R.  313. 

Nor  for  recovery  of  property  not  in  his  possession. 

Boonville  Nat.  Bank  v.  Blakey  (C.  C.  A.  7th  Cir.),  0  Am.  B.  R.  13;  107  Fed.  891; 
47  C.  C.  A.  43. 

Contra.     In  re  Fixen  (D.  C.  Cal.),  2  Am.  B.  R.  822;  96  Fed.  748. 

Validity  of  an  order  authorizing  suit  by  receiver  cannot  be  collaterally  attacked. 

Slaughter  v.  Louisville  <fc  Nashville  R.  R.  Co.  (Tenn.  Sup.  Ct.),  27  Am.  B.  R.  570; 
125  Tenn.  292. 

But  not  conclusive  as  to  right  of  action. 

Greenhall  v.  Hurwitz  et  al.,  31  Am.  B.  R.  871;  80  Misc.  (N.  Y.)  186. 


FORM  No.  72. 

ORDER   AUTHORIZING   RECEIVER   TO   JOIN   IN  BANKRUPTCY 

PETITION. 

Al  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the  Court 

House,  City  of ,  on  the 

day  of ,19.. 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Bankrnpt. 


On  roadin<,f  and  f[\u\^  the  annexed  petition  of ,  receiver 

herein,  verified  the day  of ,  1J>.  . .,  and  sufficient 

reason  appoarinfr  to  me  therefor. 

Now,  on  motion  of ,  attorney  for , 

receiver  of ,  it  is 

Ordered  that  the  said   as  receiver  of 

be  and  he  herel)y  is  authorized  and  allowed  to  join  with  the  said , 


132 


FOIiMS  IX  BANKRUPTCY. 


the  bankrupt  herein,  in  proceedings  and  petition  to  have 

adjudged  an  involuntary  bankrupt  and  for  such  action  or  proceedings  as  may 
be  necessary  and  proper  thereto. 


D.J. 


FORM  No.  73. 


ORDER  ALLOW^ING  SUIT  AGAINST  RECEIVER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the  United 

States  Court  House  in  the  City  of , 

on  the day  of ,  19 .  . 


Present: 
Hon. 


District  Judge. 


Ix  THE  Matter 

OF 


Banl-rupt. 


On  reading  and  filing  the  petition  of ,  dated  and  verified 

, ,  19 ... ,  and  on  motion  of ,  attorney 

for  the  petitioner,  and  sufficient  reason  appearing  therefor,  it  is 

Ordered,  that  the  prayer  of  said  petitioner  be  and  the  same  hereby  is 
granted,  and  that  said  petitioner  have  leave  to  commence  an  action  in  the 

Court  of   in  the  manner  and  form  as  he  may 

be  advised,  for:  [Here  state  oliject  of  action,]  and  that  petitioner  have  leave 

to  make as  receiver  of  the  estate  of  the  al)ove  named .... 

,  bankrupt,  a  party  defendant  in  said  action. 


D.J. 
NOTES. 
Actions  against  receiver. — A  receiver  as  sudi  may  not  l)e  snorl  oxoopt  by  leavp  of 
court,  unless  lie  is  earryin<i  on  the  business  bj'  order  of  court. 

Tn  re  Kalb  &  Berber  :Mf<,'.  Co.   (C.  C.  A.  2nd  Cir.),  21   Am.  B.  R.  30.3:   ir,")  Fed.  srC); 
91  C.  C.  A.  573. 

None  on  elaims  ajjainst  allec'cd  bankrupt. 

Tn  re  ITeim  :Milk  Broduet  Co.,  25  Am.  B.  R.  740;  183  Fed.  787. 


FORMS  IN  BANKRUPTCY.  133 

Jurisdiction. — An  action  may  be  maintained  against  receiver  for  goods  sold  to  him 
during  receivershijj,  in  the  City  Court  of  New  York 

Orr  Co.  V.  Cushman,  18  Am.  B.  R.  535. 

Receiver  not  personally  liable  for  negligence  of  agent  in  removing  property  which 
he  was  authorized  to  remove  where  the  receiver  was  not  guilty  of  negligence  in  the 
selection  of  such  agent. 

Frederick  A.  Stokes  Co.  v.  Carell,  138  N.  Y.  Supp.  536. 

Not  necessary  to  obtain  leave  to  sue  receiver  on  a  claim  for  goods  removed  during 
receivership. 

In  re  Kelly  Dry  (loods  Co.,  4  Am.  B.  K.  528;   102  Fed.  747. 

Stays  in  action  against  receiver  personally;  no  power  though  based  on  acts  done 
as  receiver. 

In  re  Kalb  &  Berger  Mfg.  Co.   (C.  C  A.  2nd  Cir. ),   (supra). 

In  re  Kanter  and  Cohen  (C.  C.  A.  2nd  Cir.),  9  Am.  B.  R.  372;  121  Fed.  984;  58 
C.  C.  A.  260. 

In  re  Spitzer  (C.  C.  A.  2nd  Cir.),  12  Am.  B.  R.  346;  130  Fed.  879;  66  C.  C.  A.  35. 

In  re  Trayna  and  Cohn  (C.  C.  A.  2d  Cir.),  27  Am.  B.  R.  594;  195  Fed.  486;  115 
C.  C.  A.  396. 

Will  not  restrain  an  action  against  a  receiver  iti  personam  as  for  a  tort  where  acta 
complained  of  were  outside  the  scope  of  his  authority. 

In  re  Spechler  Bros.  (D.  C.  N.  Y^),  26  Am.  B.  R.  97;  185  Fed.  311. 

Compare  Riverdale  Mills  v.  Alabama  and  &'.  Mfg.  Co.,  198  U.  S.  188;  49  L.  Ed.  1008. 

See,  as  bearing  upon  right  to  such  stay.  Murphy,  2d  v.  John  Hofman  Co.  (U.  S. 
Sup.),  21  Am.  B.  R.  487;  211  U.  S.  562;  53  L.  Ed.  327;  rev'g  187  N.  Y.  548. 


FORM  No.  74. 

ORDER    DIRECTING    DELIVERY    OF    ASSETS    BY    RECEIVER    TO 
TRUSTEE  SUBJECT  TO  LIEN  FOR  FEES,  ETC. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the  

District  of , 

held  at  the  Court  House,  City  of 

,  on  the day  of 

,  19... 

Present  : 

Hon , 

District  Judge. 


In  tub  Matter 

OF 


BanVrvpf. 


On  readino^  and  filinrj  the  annexed  aflfidavit  of attorney 

for   ,  receiver  of  the  estate  of  the  above  named 


134  FOEMS  IX  BAXKliUPTCY. 

bankrupt,  verified , ,  19 . . .,  and  due  notice  of  this  appli- 
cation having  been  given  to the  trustee  lierein, 

Now  on  motion  of ,  attorney  for  receiver,  it  is 

Ordered  that  the  said  receiver  be  and  he  is  hereby  authorized  and  directed 
to  turn  over  to  the  trustee  of  the  estate  of  the  alcove  named  l^ankrupt  all  the 

assets  belonging  to  the  estate  herein  now  situated  at , 

in  the  City  of 

And  it  is  further  ordered,  that   ,  the  said  trustee,  hold 

all  the  said  property,  when  the  same  shall  have  been  turned  o\er  to  him  by 
the  said  receiver,  subject' to  the  payment  of  all  indel^tedness  incurred  by  the 
receiver  in  carrying  on  the  Inisiness  of  the  bankrupt  and  also  to  the  payment 
of  the  allowance  of  the  receiver  and  his  expenses  of  administration  and  the 
allowance  of  his  attorney,  the  amount  of  such  allowances  and  expenses  of 
administration  to  be  fixed  and  determined  hereafter  bv  this  court. 


D.J. 

NOTES. 

Receiver  may  be  compelled  to  turn  over  to  the  trustee  when  qualified  the  money3 
or  other  property  in  his  hands  without  waiting  for  his  accounts  to  be  passed,  save 
such  amount  as  will  suffice  to  cover  probable  expenses  of  the  receivership. 

In  re  College  Clothes  Shop  (D.  C.  N.  Y.),  27  Am.  B.  R.  10;  192  Fed,  80. 


FORM  No.  75. 

REPORT  OF  RECEIVER. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


BanliTupt. 


Xo. 


To  the  United  States  District  Court, 

for  the District  of : 

T,   do  hereby  make  antl  file  ray  report  and  account 

as  temporary  receiver  of  the  estate  of  the  above  named  bankrupt: 

1 .  T  was  appointed  receiver  herein  on  the day  of 

19 ... ,  and  required  to  file  a  bond  in  the  penalty  of 


FORMS  IN  BANKRUPTCY.  135 

($ ).  Having  been  notified  of  my  a])p()intment,  I  obtained  a  certified 

copy  of  the  order  thereof,  and  filed  my  bond  in  the  i)enalty  required,  and  in 
company  with  the  attorney  for  the  petitioning  creditors,  I  visited  the  premises 

of  the  bankrupt.  No Street, I  there  met 

and  interviewed ,  the  secretary  of  the  company,  and  otliers. 

Subsequently  other  officers  of  the  alleged  bankrupt  arrived  at  tlie  premises, 
and  after  consultation  with  attorney,  turned  over  the  premises  to  me.  I 
placed  a  custodian  in  charge  of  the  premises  and  took  jiossession  of  the  books, 

etc.,  I  found  that  the  bankrupt  was  a corporation,  engaged  in 

the  manufacture  and  sale  of   I  had  a  long  consultation 

with  the  officers  of  the  company  and  with  various  large  creditors,  in  regard 
to  the  advisability  of  continuing  the  business,  inasmuch  as  the  company  had  0!i 

hand  orders  to  be  executed,  amounting  to  about  $ ,  and  a  large  supply 

of  material.  I  also  learned  that  the  company  had  ])een  accustomed  to  obtain 
advances  upon  all  its  invoices  and  that  almost  all  of  the  accounts  due  tlie 

company  had  been  assigned  for  these  advances.    That  upwards  of  $ 

of  book  accounts  had  l)een  so  assigned  and  no  estimate  could  be  then  formed 
as  to  what,  if  any,  equity  the  alleged  l)ankrupt  might  have  in  said  accounts. 

I  finally  decided  that  it  would  be  of  advantage  to  the  estate  to  apply  for 
an  order  authorizing  me  as  receiver  to  continue  the  business  for  a  period  of 
twenty  days,  with  leave  to  apply  for  a  further  extension,  if  desirable.  I 
directed  the  custodian  to  take  an  inventory  of  all  the  property  and  sent  all 
of  the  outstanding  insurance  policies  to  the  various  companies  for  transfer 
of  interest. 

2.  On ,  19...,  I  obtained  an  order  allowing  me  to  con- 
tinue the  business  for  a  period  of days.     I  called  an  informal 

meeting  of  the  creditors  to  meet  at  the  bankrupt's  premises,  attended  at  the 
said  meeting  and  remained  in  consultation  with  the  attorneys  and  creditors 
for  a  consideral^le  period.     Also  had  consultations  with  the  attorneys  for 

the  l^ankrupt  company  and ,  attorneys  for  creditors. 

I  made  a  careful  examination  of  the  stock  on  hand  and  of  the  l)Ooks,  em})loyed 
an  expert  accountant  and  obtained  a  general  idea  of  the  condition  of  tlie 
business.  Revised  and  reduced  the  payroll  as  much  as  possible.  I  made 
arrangements  with  a  number  of  supi)ly  houses  to  sell  goods  on  credit  and  had 
various  interviews  with  credit  men. 

[Insert  any  additional  or  special  allegations  as  to  services,  etc.] 

On  ,  19.  . .,  I  obtained  the  consents  of  creditors  repre- 
senting a  majority  in  amount  of  claims,  for  an  order  extending  my  time  to 
run  the  business  for  an  additional  twenty  days,  inasmuch  as  there  were  a 
large  number  of  unfilled  orders  yet  on  hand  and  an  order  was  signed  to  that 
effect.  Subsequently  I  verified  a  petition  for  the  ap{)ointment  of  appraisers 
and  for  a  sale.  On I'V.  .  .,  an  informal  meeting  of  creditors 


13G  FOEMS  IN  BANKRUPTCY. 

was  held  on  the  bankrupt's  premises,  for  which  I  prepared  a  detailed  state- 
ment of  the  general  condition  of  the  business. 

That  in  carrying  on  the  business  of  the  ])ankrupt  company  it  was  necessary 
for  me  to  devote  a  large  amount  of  time  to  the  details  of  the  said  business  and 
to  visit  the  premises  of  the  bankrupt  frequently.     That  I  employed  al)out 

persons,  including  the  factory,  office  and  sales  departments 

and  the  weekly  payroll  averaged  $ to  $ That  at  the  time  I 

commenced  to  carry  on  the  business,  there  were  about  $ in  orders 

on  hand  and  I  subsequently  obtained  about  $ additional  orders. 

That  as  receiver  I  purchased  merchandise  and  supplies,  amounting  to  about 
$ ,  as  shown  in  Schedule  B,  hereto  annexed. 

I,  manufactured,  filled  and  shipped  all  of  the  orders  above  mentioned,  which 
were  deemed  profitable  to  fill.  Annexed  hereto  is  my  verified  account  as 
receiver,  showing  receipts  and  disbursements  in  the  conduct  of  the  l)usiness. 
The  merchandise  and  plant  were  sold  at  public  auction  pursuant  to  order 
of  this  court. 

I  have  received  no  compensation  for  my  services  as  receiver  and  in  conduct- 
ing the  business  of  the  bankrupt  under  the  order  of  this  court  and  I  hereby 
state  my  statutory  compensation  at  the  sum  of  $ 

Wherefore,  I  respectfully  pray  that  my  said  account  be  passed  as  filed,  that 

suitalde  allowances  be  made  to   ,  my  attorneys  and  to  the 

duly  appointed  appraisers  and  compensation  by  way  of  commission  to  myself 
as  receiver,  and  for  carrying  on  the  business  of  said  bankrupt,  and  that  I  be 
discharged  as  receiver  herein. 

All  of  which  is  respectfully  submitted. 

Dated ,19... 

} 

Receiver. 


FORMS  IN  BANKRUPTCY. 


137 


FORM  No.  76. 

RECEIVER'S  ACCOUNT  AND  OATH  TO  SAME. 


United  States  District  Court, 

District  of  .  .  . 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl-J'iipf. 


y  No. 


Account  of 


RECEIPTS. 


I  charge  myself  as  follows : 


19, 


,,  Receiver. 


Total  receipts 


DISBURSEMENTS. 


I  credit  myself  as  follows 


19. 


Total  disbursements 


SUMMARY   STATEMENT. 

Total   receipts    $. 

Total  disbursements 


Balance  in  hands  of  Receiver 
Dated ,19... 


Receiver. 


138 


FORMS  IN  BANKRUPTCY, 


United  States  District  Court, 

District  of   .  . 

In  Bankruptcy. 


Ix  THE  j\[atter 

OF 


Bankrupt. 


No, 


On  the day  of ,  19 .  .  . ,  before  me  comes 

,  and  makes  oath  and  says  he  was  on  the day  of 

,  19 .  . .,  appointed  receiver  of  the  estate  and  effects  of  the 

above  named  bankrupt;  that  as  such  receiver  he  has  conducted  the  adminis- 
tration of  the  estate ;  that  the  account  hereto  annexed,  containing 

sheets  of  paper,  subscribed  by  him  is  true,  and  such  account  contains  entries 
of  every  sum  of  money  received  by  the  said  receiver  on  account  of  the  estate 
of  the  above  named  bankrupt,  and  that  the  payments  purporting  in  such 
account  to  have  been  made  by  such  receiver,  have  been  so  made  l)y  him,  and 
lie  asks  to  be  allowed  for  such  payments  and  expenses  as  charged  in  said 
account. 


Suljscribed  and  sworn  to  l)efore  me  at  the  City  of in  the 

District  of ,  this day  of ,  19 .  . . 

[Annex  vouchers  for  all  payments.] 


NOTES. 

Zee,  Act,  Sees.  48  (d)  and  (e),  2,  (5),  72,  as  amended  1910.  See,  also,  Rules 
XXI  and  Instructions  to  Referees  8,  for  Southern  District  of  New  York. 

See  Rules  XXX  and  XXXI,  Western  District  of  New  York. 

A  receiver  will  be  allowed  appraisers'  fees  paid  by  him,  althouj^h  trustee  dissatisfied 
therewith  has  a  new  appraisal  made. 

In  re  Kyte,  19  Am.  B.  R.  768;  158  Fed.  121. 

Insurance  premiums  allowed.     In  re  Kyte   (svpra). 

Surcharging  account. 

Account  should  not  be  surcharfjed  with  losses  on  sales  during  continuance  of  busi- 
ness under  order. 

In  re  Isaacson   (C.  C.  A.  '2nd  V.r.),  '23  Am.  B.  K.  OS;   174  Fed.  406;  98  C.  C.  A.  614. 

In  re  Schoenfeid  et  al.  ((".  C.  A.  3rd  Cir.).  25  Am.  B.  R.  748;  183  Fed.  219;  105 
C.  C.  A.  481. 

Compensation  of  receiver. 

Sec.  48-d  construed. 

In  re  Ginsburg,  31   Am.  B.  R.  240;  208  Fed.  160. 


FOKMS  IN  BANKRUPTCY.  139 

In  re  Metropolitan  Motor  Car  Co.   (D.  C.  Wash.),  .'M  Am.  ]'..  K.  53'.);   225  Fed.  274. 
In  re  Clias.  Knosher  &.  Co.    (C.  C.  A.  9th  Cir.),  2S  Am.  15.  II.  747;    I'M  Fed.  13(i; 
11 G  C.  C.  A.  5G0. 

In  re  Falkenber-j.  30  Am.  B.  R.  718;  200  Fed.  835. 

When  denied  compensation. 

In  re  Desrodiers  (D.  C.  N.  Y.),  25  Am.  B.  R.  703;  1S3  F.-d.  !)()!. 

In  re  Schoenfeld  et  al.   (C.  C.  A.  3rd  Cir.),   {supra). 

In  re  Oshwitz  &  Feldstcin  (D.  C.  N.  Y.),  25  Am.  B.  11.  594;  183  Fed.  990. 

In  re  Tisch,  29  Am.  B.  R.  330;  202  Fed.  1018. 

Compensation  of  receivers  prior  to  amendment  of  1910. 

In  re  Sully,  13  Am.  B.  R.  22;  133  Fed.  997. 

In  re  Adams  Sartorial  Co.,  4  Am.  B.  R.  107;   101  Fed.  215. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;   102  Fed.  747 

In  re  Scott,  3  Am.  B.  R.  625;   99  Fed.  607. 

In  re  T.  E.  Hill  Co.  (Either  v.  Coleman)  (C.  C.  A.  7th  Cir.),  20  Am.  B.  R.  73;  159 
Fed.  73;  86  C.  C.  A.  263. 

Contra.     In  re  Cambridge  Lumber  Co.,  14  Am.  B.  R.  168;   136  Fed.  983. 

In  re  Richards  (D.  C.  Mass.),  11  Am.  B.  R.  581;  127  Fed.  77. 

See  In  re  Mammoth  Pine  Lumber  Co.,  8  Am.  B.  R.  651;   116  Fed.  731. 

Dunlap  Hardware  Co.  v.  Huddleston  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  731;  167  Fed. 
433;  93  C.  C.  A.  69. 

Compensation  for  continuing  bankrupt's  business. 

In  re  Kirkpatrick  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  594;  148  Fed.  811;  78  C.  C.  A. 
501;  In  re  Borgenson  Co.,  18  Am.  B.  R.  178;  151  Fed.  780;  In  re  Sully  (1).  C.  N.  Y.), 
(supra). 

See  contra  In  re  Cambridge  Lumber  Co.  (D.  C.  ^lass),  (supra);  In  re  Richards 
(D.  C.  Mass.)    (supra). 

Petitioning  creditors  may  be  charged  upon  dismissal  of  an  involuntary  petition 
with  receiver's  fees,  costs  and  expenses. 

In  re  I.avoc  (C.  C.  A.  2d  Cir.),  15  Am.  B.  R.  290;  142  Fed.  960;  74  C.  C.  A.  130; 
Beach  v.  Macon  Grocery  Co.  (C.  C.  A.  5th  Cir.),  8  Am.  B.  R.  751;  116  Fed.  143;  53  C. 
C.  A.  463. 

In  re  T.  E.  Hill  Co.  (C.  C.  A.  7th  Cir.),  20  Am.  B.  R.  73;  159  Fed.  73;  86  C.  C. 
A.  263. 

In  re  Chas.  W.  Aschenbach  Co.  (C.  C.  A.  2d  Cir.),  25  Am.  B.  R.  502;  183  Fed.  305; 
105  C.  C.  A.  517. 

Compensation  of,  Avhen  petition  luis  been  dismissed. 

Authority  to  compensate  passed  to  court  making  the  adjudication. 

In  re  Sears  Humbert  and  Co.,  10  Am.  B.  R.  389. 

When  proceeding  is  removed  to  another  district,  the  court  originally  appointing 
the  receiver  should  fix  his  compensation. 

In  re  Isaacson   (C.  C.  A.  2d  Cir.),  23  Am.  B.  R.  98;   174  Fed.  406;  98  C.  C.  A.  614. 

Upon  dismissal  of  petition. 

Payment  of  expenses  incurred  by  a  receiver  appointed  by  District  Court  will  not 
be  directed  to  be  paid  out  of  the  property  of  the  cori)oration  coming  into  his  hand.s 
in  the  absence  of  evidence  showing  that  such  appointment  was  "  absolutely  necessary  for 
the  preservation  of  the  estate." 

In  re  Wentworth  Lunch  Co.  (C.  C.  A.  2d  Cir.),  27  Am.  B.  R.  515;  191  Fed.  821; 
112  C.  C.  A.  335;  rev'g,  s.  c.  25  Am.  B.  R.  612;  189  Fed.  831. 

\Mien  notice  of  hearing  to  fix  allowances  is  not  defective. 

In  re  P^anklin  Sugar  Refining  Co.  (C.  C.  A.  2d  Cir.),  31  Am.  B.  R.  709;  210  Fed. 
24;  126  C.  C.  A.  604. 


140 


FOKMS  m  BANKEUPTCY. 


FORM  No.  77. 


NOTICE      OF      HEARING      UPON      RECEIVER'S      ACCOUNTS      BEFORE 

MASTER. 


United  States  District  Court, 

District  of  . . . 

In  Bankruptcy. 


In  the  Matteh 

OF 


Banhrupi. 


Sir: 

Please  to  take  notice  that  the  report  and  account  of , 

receiver  herein,  and  the  application  for  an  allowance  of , 

attorneys  for  the  receiver,  and  of ,  attorney  for  the  petition- 
ing creditors,  and  of  the  appraisers  herein,  were  this  day  duly  filed  in  the 

office  of  the  clerk  of  this  court,  and  have  been  duly  referred  to , 

as  Special  Master  (or  Eeferee),  for  examination,  testimony  and  report,  and 

that  a  hearing  will  be  had  thereon  before   ,  as  such  Special 

Master  (or  Eeferee),  at  his  office, ,  in  the  City  of 

,  on  the day  of   ,  19 ... ,  at o'clock 

in  the noon  of  that  day,  or  as  soon  thereafter  as  counsel  can  be  heard. 

Yours,  etc.. 

Dated ,19... 


Attorneys  for  Keceiver. 


No. 


City  of . 


To 


,  Esq., 

Trustee. 


FORMS  IN  BANKRUPTCY. 


141 


FORM  No.  78. 

EXCEPTIONS  TO   RECEIVER'S  ACCOUNT. 


Umtea  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Banlrupt. 


No. 


,  trustee  in  bankruptcy  herein,  appearing  by 

,  his  attorney,  and  objecting  to  the  account  filed 

by ,  receiver  herein,  files  the  following  exceptions  thereto : 

1.      (Set  forth  o])jections  specifically.) 


Wherefore  the  trustee  herein  respectfully  prays  that  the  account  of  said 

,  receiver,  l-e  not  allowed  as  to  the  matters  above  set 

forth  and  that  said  receiver  l)e  directed  to  account  for  and  turn  over  to  the 
trustee  the  following: : 


Dated ,  19 


Trustee. 
[Verification.] 

NOTES. 

Exceptions  to  receiver's  account. 

Referee  has  no  authority  to  find  aprainst  receiver  on  ground  not  specified  in  excep- 
tions and  of  which  receiver  had  no  notice,  nor  to  surcharge  his  account  on  such  ground 

In  re  Schoenfeld  (C.  C.  A.  3d  dr.),  25  Am.  B.  R.  748;  183  Fed.  219;  105  C. 
C.  A.  481. 

Objections  should  be  made  promptlj'. 

Re-examination  not  allowed  where  there  has  been  laches. 

In  re  Reliance  Storage  and  Warehouse  Co.,  4  Am.  B.  R.  49;  100  Fed.  G19. 

Exceptions  to  account  should  be  verified. 

In  re  Ketterer  ]Mfg.  Co.,  19  Am.  B.  R.  646;  155  Fed.  987. 


143  FORMS  IN  BANKRUPTCY. 


FORM  No.  79. 

PETITION   FOR  AX-I.OAVANCE   BY  ATTORNEY  FOR  RECEIVER. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  tub  Matter 

OF 


Banhnipt. 


No. 


To  the  United  States  District  Court, 

for  the District  of : 

The  petition  of respectfully  shows : 

1.  That  he  is  an  attorney  at  law  and  admitted  to  practice  in  this  court ; 

that  on  the day  of ,  19 .  .  . ,  your  petitioner  was 

retained  by ,  Esq.,  receiver  of  the  estate  of  the  above  named 

l)ankrupt,  as  his  counsel,  and  on  the day  of ,  19 .  .  . , 

an  order  was  duly  made  and  entered  herein  to  that  effect. 

2.  That  the  said  bankrupt  was  engaged  in  business  at as 

follows :    

3.  That  petitioner  has  rendered  the  following  services  for  tlie  receiver 
herein : 

[Here  set  forth  specifically  and  at  length  all  services  performed  for  receiver 
and  for  the  l)enefit  of  the  estate.] 

4.  Your  petitioner  has  actually  paid  necessary  expenses  and  disburse- 
ments on  l)ehalf  of  this  estate,  amounting  to  $ ,  as  follows: 

[Itemize  or  annex  schedule.] 

That  same  has  not  been  repaid  to  petitioner. 

5.  That  petitioner  has  received  no  compensation  for  the  services  herein- 
l)efore  stated  to  have  been  rendered  by  him  as  attorney  for  the  said  receiver. 
(That  annexed  hereto  is  a  transcript  of  petitioner's  register,  marked  Schedule 
"A,"  showing  in  detail  the  services  as  hereinbefore  specified.) 

Wherefore,  your  petitioner  respectfully  prays,  that  a  suital)le  alloAvance  be 
made  to  him  for  his  services  as  attorney  for  the  receiver  herein  and  in  addition 
thereto  the  sum  of  $ disbursements  actually  paid  as  sucli  attorney. 

J 

Petitioner. 
[Verification.] 


FORMS  IN  BANKHUPTCY.  143 

NOTES. 
Compensation  of  Attorney  for  Receiver. 

See  Rules  XXII  and  of  Instructions  to  Referees  8,  Southern  District  of  New  York. 
Rule  XXXI,  Western  District  of  New  York. 

Allowed  compensation  for  services  rendered  in  behalf  of  estate  or  for  its  benefit. 
In  re  T.  E.  Hill  Co.  (C.  C.  A.  7th  Cir.),  20  Am.  B.  R.  73;   159  Fed.  73;  80  C.  C.  A. 
263. 

In  re  Ketterer  Mfg.  Co.,  19  Am.  B.  R.  646;  155  Fed.  987. 

No  allowance  for  services  in  interest  of  petitioning  creditors,  who  are  his  clients. 

In  re  Oppenheimer,  17  Am.  B.  R.  59;  146  Fed.  140. 


FORM  No.  80. 


REPORT  OF  SPECIAL  MASTER  ON  RECEIVER'S  ACCOUNT. 


United  States  District  Court, 

for  the District  of 


Ix  THE  Matter 

OF 


Bankrupt. 


In  Bankruptcy  No. 


To  the  Honorable, 

Judge  of  the  above  named  Court : 

I, ,  one  of  the  Referees  in  Bankruptcy,  to  whom,  as  Special 

Master,  have  been  referred  the  report  and  account  of ,  as 

receiver  herein,  together  with  the  application  of  the  said  receiver  for  an 
allowance  in  payment  of  his  services  and  disbursements  as  such ;  and  also 

the  application  of   ,  for  an  allowance  in  payment  of  his 

services  and  disbursements  as  attorney  for  the  said  receiver ;  and  also  the  appli- 
cation of , ,  and 

for  an  allowance  for  their  services  as  appraisers  appointed  by  the  court  to 
appraise  the  estate  of  the  bankrupt  in  the  hands  of  the  said  receiver,  due 
notice  having  been  given  to  the  creditors  herein  as  required  by  the  rule  of  this 
court,  having  been  duly  attended  by  the  parties  and  creditors  and  having  heard 
and  considered  the  allegations  and  proofs,  do  hereby  respectfully  report  as 
follows : 


144  FORMS  IN  BAXKKUPTCY. 

I  was  duly  attended,  upon  the  hearings  herein,  by ,  the 

said  receiver  and  by ,  his  attorney,  by , 

the  duly  appointed  trustee  in  bankruptcy  herein  and  certain  creditors.  No 
objections  were  made  or  filed  to  the  account  of  the  said  receiver. 

I  have  carefully  examined  the  said  report  and  account,  together  with  the 
vouchers  submitted  in  support  thereof,  and  find  the  same  in  all  respects  correct 
and  true,  and  recommend  that  same  be  j^assed  and  allowed  as  filed. 

The  petition  was  filed  herein  on  the day  of ,  19 . . . 

The  l)ankrupt  was  adjudicated  on  the day  of ,  19 . .  . 

The  said  temporary  receiver  was  duly  appointed ,  19 .  .  . ,  and  imme- 
diately qualified  and  took  possession  of  the  bankrupt's  property  and  effects. 
was  appointed  trustee ,  19 . . . 

The  bankrupt  was  engaged  in  business  as  a and  had 

places  of  business,  one  at  ,  and  another  at  

both  in  the  City  of The  receiver,  pursuant  to  order  of  the 

court,  sold  all  the  propert}'  of  the  bankrupt  found  in  the  stores  mentioned  at 

public  auction.    The  gross  amount  realized  from  this  sale  was  $ 

From  this  the  auctioneer  deducted,  for  his  services  and  disbursements,  the 

sum  of  $ ,  leaving  as  the  net  result  of  the  sale,  $ This 

is  all  that  the  estate  has  as  yet  recovered,  although  it  appears  that  the  receiver 
and  his  attorneys  ])elieve  that  further  sums  may  be  recoveraljle. 

A  summary  account  of  the  receiver's  cash  is  as  follows :     He  has  received 

in  all  the  sum  of $ and  he  has  disbursed  in  all  the 

sum  of $ ,  leaving  a  balance  in  his  hands  of 


I  think  that  the  receiver  discharged  all  the  duties  required  of  him  as  such 
in  a  satisfactory  manner.  His  attorney  also  acted  with  diligence  in  the 
discharge  of  the  duties  required  of  him.  Much  of  the  services  shown  by  the 
receiver's  attorney  consists  of  examination  of  the  bankrupt  and  others,  for 
the  purpose  of  discovering  assets  and  obtaining  evidence  upon  which  to  base 
proceedings  for  the  recovery  of  property  believed  to  have  been  wrongfully  taken 
from  the  estate.    These  services  seem  to  have  been  rendered  with  diligence. 

I,  therefore  respectfully  recommend  that  the  said  receiver  make  the 
following  disposition  of  the  funds  in  his  hands: 

1.  That  he  shall  retain  in  full  compensation  l)y  way  of  commission  for  his 

services  as  receiver  as  aforesaid,  the  sum  of $ ,  and  in 

addition  thereto,  the  sum  of $ for  dis])ursements,  in  all 

the  sum  of $ 

2.  That  he  shall  pay  to ,  for  his  services  as  attorney 

for  the  said  receiver,  the  sum  of $ ,  and  in  addition 

thereto  the  sum  of $ for  his  disbursements,  making 

in  all  the  sum  of $ 


FORMS  IN  BANKRUPTCY.  145 

3.  That  he  pay  to  each  of  the  appraisers  herein,  the  sum  of  $ in 

full  compensation  for  services  as  such,  making  in  all $ 

4.  That  he  shall  pay  to  the  undersigned.  Special  Master,  in  full  compen- 
sation for  his  services  and  disbursements  in  this  proceeding,  the  sum  of 

$ ,  and  that  having  made  the  aforesaid  payments,  he 

shall  pay  over  the  amount  then  remaining  in  his  hands  to , 

as  trustee  in  bankruptcy  herein,  and  that  upon  making  such  payments,  the 
said be  discharged  as  such  receiver,  and  his  bond  cancelled. 

All  of  which  is  respectfully  submitted. 
Dated  . ,  19. .  . 


Special  Master, 
(or  Referee.) 


FORM  No.  81. 

NOTICE  OF  MOTION  TO  CONFIRM  REPORT  OF  SPECIAL  MASTER  ON 

RECEIVER'S  ACCOUNT. 

In  the  District  Court  of  tlie  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


No. 


Banlcrnpt. 


Sir: 

You  will  please  take  notice,  tliat  upon  tlie  receiver's  report,  account,  excep- 
tions thereto  and  all  the  proceedings  had  herein,  and  upon  the  report  of 

,  Esq.,  Special  Master  (or  Referee) ,  dated  the day 

of ,  19 .  .  . ,  the  undersigned  will  respectfully  move  this  court 

at  a  stated  term  thereof  to  be  held  in  the  Federal  Court  House,  City  of 

,  on  the   day  of   , ,  19 ... ,  at   

o'clock M.,  of  said  day,  or  as  soon  thereafter  as  counsel  can  l)e  heard, 

for  an  order  in  all  respects  confirming  the  report  of ,  Esq., 

Special  Master    (or  Referee),  passing  and  allowing  the  receiver's  accounts 
herein,  overruling  the  exceptions  thereto  and  fixing  the  compensation  for 


14G 


FOKMS  IN  BANKRUPTCY. 


services  of  the  receiver,  his  counsel,  the  counsel  for  the  petitioning  creditors 
and  the  ap^jraisers,  and  for  such  other  and  further  relief  as  may  be  just 
and  proper. 

Dated ,19... 

Yours,  etc., 


Attorneys  for  Receiver, 
Office  and  P.  0.  Address, 

St., 


To 


,Esq., 

Trustee, 


FORM  No.  82. 

ORDER  CONFIRMING  REPORT  OF  SPECIAL  MASTER  ON  RECEIVER'S 

ACCOUNT. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the 

Court  House,  City  of ,  on  the 

day  of ,  19 . . . 

Pkksknt: 

Hon , 


District  Judge. 


L\  Till-:  Mattku 

OF 


Bnnkrnpt. 


'    Xo, 


,  receiver  of  tlie  al)ovo  named  bankrupt,  having  pre- 
sented his  account  and  voucliers  in  Rup])(»rt  ilu'reof,  and  having  moved  to 
confirm  his  report  and  that  compensation  Itc  allowed  to  the  said  receiver  and 


FORMS  IN  BANKRUPTCY.  Ul 

to  his  counsel  for  their  services,  aud  to  the  attorneys  for  the  petitioning 

creditors,  etc.,  and  the  said  matters  having  been  referred  to , 

Esq.,  as  Special  Master,  and  the  said  Special  Master  having  filed  his  report 
thereon,  dated day  of ,  19 ... , 

Now  after  hearing ,  Esq.,  of  counsel  for  the  receiver,  in  sup- 
port of  said  application,  and  due  deliberation  having  been  had  thereon,  upon 
reading  and  filing  the  report  of  the  said  Special  Master,  the  account  and  report 
of ,  receiver  herein,  it  is 

Ordered : —  That  the  report  of ,  Esq.,  Special  Master  (or 

Referee)  appointed  herein,  be,  and  the  same  hereby  is  in  all  respects  confirmed 
and  approved. 

And  it  is  further  ordered : —  That  the  account  of ,  receiver 

of  the  property,  assets  and  efi'ects  of 1)ankrupt  above  named, 

be,  and  the  same  hereby  is  in  all  things  allowed,  approved  and  confirmed. 

And  it  is  further  ordered : —  That    ,  receiver  herein,  be,  and 

he  hereby  is,  allowed  for  his  services  by  way  of  commissions,  the  sum  of 
$ and  that  the  disbursements  incurred  by  him  in  the  adminis- 
tration and  preservation  of  the  estate  and  heretofore  deducted  by  him,  be  and 
the  same  herel)}"  are  allowed. 

And  it  is  further  ordered : —  That    ,  receiver  herein,   pay 

to  the  sum  of  $ as  and  for  an  allowance  to 

them  as  attorneys  for  the  receiver  herein  and  the  further  sum  of  $ 

disbursements  incurred  and  expended  on  behalf  of  the  receiver  in  the  admin- 
istration and  preservation  of  the  estate  herein,  and  amounting  in  the  aggregate 
to  the  sum  of  $ 

And  it  is  further  ordered : —  That ,  receiver  herein,  pay 

to , ,  and the  sum  of 

$ each  for  services  rendered  by  them  as  appraisers  lierein. 

And  it  is  further  ordered,  that ,  receiver  herein,  pay  to 

,  Esq.,  the  Special  Master  herein,  the  sum  of  $ 

for  his  services  and  disbursements  on  this  accounting. 

And  it  is  further  ordered  : —  That ,  receiver  herein,  after 

making  the  payments  as  herein  directed,  pay  the  balance  remaining  in  his 
hands  to trustee  in  liankruptcy  herein. 

And  it  is  further  ordered  : —  That  upon  making  such  payments , 

receiver  herein,  be  discharged  as  receiver  of  the  property,  assets  and  effects 
of  the  above  named  bankrupt,  and  that  the  bond  given  by  him  for  the 
faithful  performance  of  his  duties  be  directed  to  be  cancelled  and  discharged. 
(And  that  the  bond  given  by  the  petitioning  creditor  upon  whose  application 
the  receiver  was  appointed  herein  under  Section  3,  subdivision  e  of  the 
Bankruptcy  Act,  be  cancelled  and  annulled,  and  the  sureties  thereon  exoner- 
ated from  any  and  all  liability  thereunder.) 

J 

D.  J. 


148 


FOKMS  IX  BAXKKUPTCY, 


NOTES. 
Adjudication  as  to  receiver's  accounts  not  a  bar  to  suit  against  third  person  to 
recover  property.     Whitney,  Trustee  v.  Wenman  et  al.,  14  Am.  B.  R.  591;  140  Fed.  959. 
Punishing  for  contempt. 
In  re  Reliable  Bottle  Box  Co.,  29  Am.  B.  R.  371;  199  Fed.  670. 


FORM  No.  83. 

ORDER  CONFIRMING  REPORT  OF  MASTER  AND  DIRECTING  PAY- 
MENT BY  PETITIONING  CREDITORS  UPON  DISMISSAL  OF 
INVOLUNTARY  PETITION. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the 

Court  House,  City  of ,  on  the 

day  of  19... 

Present : 

Hon , 

District  Judge. 


In  the  ]\Iatteu 

OF 


Banl-rupt. 


Tlie  motion  to  confirm  tlic  report  of  .....' ,  Esq.,  special 

master,  filed  herein ,  19 ... ,  and  for  other  and  further 

relief  coming  duly  on  to  be  heard  on  the  order  of  Hon 

made  in  the  above  entitled  proceedings  referring  the  matters  of  the  report  and 

petition  of ,  receiver,  and  the  petition  of 

his  attorneys  both  filed ,  19 .  .  . ,  to  said , 

Esq.,  as  special  master  and  the  said  report  and  on  all  the  papers  and  proceed- 
ings herein,  and  on  reading  and  filing  notice  of  this  motion  and  proof  of  due 

service  thereof,  after  hearing  Esq.,  attorney  for  the 

receiver,  and ,  Esq.,  attorney  for  the  petitioning  creditors 

in  opposition  thereto, 

Now,  on  motion  of ,  attorney  for   , 

receiver,  it  is 

Ordered,  that  the  said  motion  be  and  the  same  hereby  is  granted  and  that 
the  acts,  dcerls  and  disbursements  of  said as  receiver  in  this 


FORMS  IN  BANKRUPTCY. 


14!) 


proceeding  be  and  the  same  hereby  are  jiassed,  allowed  and  in  all  respects  con- 
lirmed;  and 

It  is  further  ordered,  that  the  petitioning  creditors  herein,  namely , 

,  and ,  pay  within  ten  days  from  service 

of  a  copy  of  this  order  upon  their  attorney  the  following  sums,  to  wit : 

1.  To Esq.,  receiver  or  his  attorneys,  the  sum  of 

dollars  hereby  allowed  and  awarded  to  him  for  his  services, 

disbursements  and  expenses  incurred  as  such  receiver. 

2.  To ,  Esq.,  attorney  for  said  receiver,  the  sum  of 

dollars  and cents,  hereby  allowed  and  awarded 

to  him  for  services  and  disbursements  as  such  attorney. 

3.  To ,  special  master,  the  sum  of dollars 

hereby  allowed  and  awarded  to  him  for  services  and  expenses  incurred  as  such 
special  master  including  stenographer's  Ijill  for  minutes. 

It  is  further  ordered,  that  said  receiver,   ,  Esq.,  be 

released  and  discharged  of  and  from  all  liability  and  accountability  as  such 
receiver,  and  in  respect  to  his  acts  and  doings  as  such  receiver,  and  that  the 
l)ond  given  by  him  as  such  receiver  for  the  faithful  performance  of  his  duty 
as  receiver  and  filed  with  the  Clerk  of  this  Court  be  discharged  and  concelled. 


U.  S.  D.  J. 


FORM  No.  84. 


ORDER  VACATING  APPOINTMENT    OF   RECEIVER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the 

Court  House,  City  of ,  on  tlic 

day  of   19 . .  . 


Present  : 
Hon. 


District  Judge. 


In  the  ^Matter 

OF 


Bnnlrupl. 


Application  having  been  made  on  liehalf  of a  (reditor  of 

the  above  named    ,   for  an  order  vacating,  annulling  and 


150  FOKMS  IX  BAXlvKUrTCY. 

sotting  aside  the  order  made  herein  by  the  lion ,  Listriet 

Judge,  bearing  date  the dny  of ,  1"J .  .  .,  appoint- 
ing    ,  receiver  of  tlie  goods,  wares,  mereluindise,  etc.,  of 

,  bankrupt,  and  containing  further  provisions  as  will 

more  fully  ajipear  by  reference  to  the  said  original  order  on  file  in  this 
court;  and  said  application  having  come  on  for  hearing,  upon  the  j^^pei"'' 

and  proceedings  herein  and  npon  due  notice  given  to  the  said , 

the  receiver  so  appointed,  and  to ,  Esq.,  the  attorney  for  the 

above  named  petitioning  creditors  herein, 

Xow,  upon  reading  and  filing  the  petition  of tluly  verified, 

and  the  affidavit  of duly  verified,  and  after  hearing 

,  of  counsel  for  said in  support  of  said  application, 

and ,  the  said  receiver,  and ,  the  attorney 

for  the  above  named  petitioning  creditors,  in  opposition  thereto ;  and  it  appear- 
ing from  the  pleadings  and  proceedings  hicrein  that  the is  a 

corporation  engaged  in  the  business  of ,  and  is  not  such  a  cori)ora- 

tion  as  is  amenable  to  the  Bankruptcy  Act  as  amended;  and  due  deliberation 
having  heen  had, 

Xow  on  motion  of ,  attorneys  for  said , 

it  is 

Ordered,  that  said  motion  1)e  and  the  same  hereliy  is  granted,  and  the  said 

order  made  hy  the  Hon ,  District  Judge,  bearing  date 

the day  of ,  19 . .  . ,  appointing  the  said 

receiver  of  said and  containing  other 

provisions,  he  and  the  same  is  herehy  vacated  and  set  aside. 


D.  J. 

NOTES. 

Vacating  Receivership. 

Discretionary  with  Court. 

In  re  Cliurch   Construction  Co.    (D.  C.  N.  Y.),   19  Am.   B.  R.   549;    157   Fed.   298. 

In  re  Oshwitz  and  Feldstein  (D.  C.  N.  Y.),  25  Am.  B.  R.  594;  183  Fed.  990. 

Property  in  hands  of  assifjnee  for  benefit  of  creditors. 

In  re  Oakland  Lumber  Co.  (C.  C.  A.  2nd  Cir.).  23  Am.  B.  R.  181;  174  Fed.  ()34;  98 
C.  C.  A.  388. 

Motion  to  vacate. 

In  re  Haft'  (C.  C.  A.  2nd  Cin,  13  Am.  B.  R.  354;   135  Fed.  742;  68  C.  C.  A.  380. 

Efl"ect  of  dismissal. 

Receiver  must  restore  property  intact  without  any  deductions  for  services  or  dis- 
bursements, or  those  of  attorney. 

In  re  Sears,  Humbert  and  Co.,  10  Am.  }.'.  R.  389. 


FOKMS  IN  BANKRUPTCY.  151 


FORM  No.  85. 

PETITION    FOR   AUTHORITY    TO    ISSUE    RECEIVER'S    CERTIFICATES. 

United  States  District  Court, 

District  of : 

III  Bankruptcy. 


In  thk  ]\Iatteu 

OF 


Banlrupf. 


Xo, 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfulh-  shows  and  alleges : 

1.  That  on  the day  of ,  19 ... ,  your  peti- 
tioner was  duly  appointed  receiver  of ,  the  bankrupt  herein, 

duly  qualified  and  is  still  acting  as  such  receiver. 

2.  That  by  the  order  of  his  appointment,  he  was  authorized  to  continue 

the  business  of  said  bankrupt  for  a  period  of days  and  an  order 

has  been  made  extending  such  time  for  a  further  period  of 

days. 

3.  In  accordance  therewith  petitioner  has  conducted  tlic  business  of  the 
bankrupt  from  date  of  his  appointment  to  the  present  time. 

4.  That  the  principal  business  of  the  l)ankrupt  at  present  is  a  contract  for 

the  construction  of in  the  City  of 

and  is  of  a  public  nature  and  not  yet  completed. 

5.  That  under  the  contract  aforesaid.  $ is  now  duo  as  a  pay- 
ment for  work  done  but  same  cannot  he  inmiediatel}'  collected. 

6.  Petitioner  further  shows  that  lie  will  necessarily  require  $ 

over  and  above  the  amount  of  cash  on  hand  to  meet  the  lia])ilitics  incurred  by 
him  in  the  conduct  of  the  business  requiring  immediate  payment  and  to 
meet  weekly  payrolls,  and  other  future  expenditures. 

7.  Petitioner  is  informed  and  verily  believes,  he  can  borrow  $ 

iit  f)  per  cent,  interest  on  receiver's  certificates,  provided  your  petitioner  is 
authorized  and  empowered  to  pledge  the  balance  due  hereinbefore  referred  to 
as  security  for  the  payment  of  said  certificates  and  that  said  certificates  be  a 
first  lien  on  said  moneys. 

8.  That  no  other  or  previous  application  has  been  made  for  this  relief. 


152 


FOEMS  IN  BANKRUPTCY. 


Wherefore,  your  petitioner  prays  that  he  be  authorized  and  empowered  to 

borrow  $ at  6  per  cent,  interest  and  to  issue  receiver's  certilicates 

therefor  secured  by  an  assignment  of  the  amount  due  as  hereinbefore  referred 
to. 


Fetitioner. 


Verification.] 


FORM  No.  86. 

ORDER  AUTHORIZING  ISSUANCE   OF  RECEIVER'S   CERTIFICATES. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the 

Court  House,  City  of ,  on  the 

day  of 19... 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Banl-rupt. 


,  the  receiver  herein,  having  presented  his  petition  duly 

verified  to  this  court  praying  that  he  be  allowed  to  borrow  money  and  to  issue 
receiver's  certificates  for  funds  required  by  him  in  the  immediate  operation 
and  continuance  of  the  bankrupt's  business  and  the  preservation  of  its  prop- 
erty: 

And  the  matter  having  come  on  to  be  heard,  and  after  hearing 

,  Esq.,  of  counsel  for ,  the  bankrupt,  and 

,  attorney,  for  petitioner  (or  lienors),  and  upon  reading  and 

filing  the  said  petition  the  affidavit  of duly  verified,  and 

notice  of  application  and  presentation  thereof,  and  upon  the  order  authorizing 
the  receiver  to  continue  the  business  and  the  other  proceedings  herein  had, 
and  it  appearing  to  the  satisfaction  of  the  court  that  necessity  exists  therefor,. 

Now,  on  motion  of ,  attorney  for  the  receiver,  it  is 


FORMS  IN  BANKRUPTCY.  153 

Ordered,  that  the  motion  be,  and  the  same  hereby  is  granted,  and  that 

,  the  receiver  herein,  be  and  he  hereby  is  authorized  and 

empowered  to  issue,  negotiate  and  dispose  of  receiver's  certificates  to  the  extent 

of  and  not  exceeding  the  sum  of  $ ,  bearing  6  per  cent,  interest,  to 

raise  funds  for  the  use  of  the  receiver  in  the  continuance  and  operation  of  the 
business  of  the  said  bankrupt. 

And  it  is  further  ordered,  that  the  said  certificates  so  to  Ije  issued  Ijy  the 
said  receiver  shall  be  in  the  words  and  figures  following : 

[Here  insert  proposed  form  of  certificate.] 

And  it  is  further  ordered,  that  the  earnings,  income,  profits,  property  and 

estate  of  the  said in  the  custody  of  the  said  receiver,  as  well 

as  his  successor  or  successors  in  oflSce,  or  to  hereafter  come  into  the  possession 
of  a  trustee  when  appointed  in  the  said  matter,  are  expressly  charged  with 
a  lien  for  said  certificates  upon  the  said  property  and  estate,  as  by  the  terms 
of  the  said  order  will  more  fully  appear,  and  the  payment  of  said  certificates 
shall  be  made  out  of  and  from  the  property  and  assets  of  said  company  subject 

only  to  the  lien  of  a  certain  mortgage  or  mortgages  to of 

as  trustee,  or  otherwise,  securing  the  payment  of  the  bonds 

of  the  said of ,  issued  in  the  principal  sum 

of  $ ,  and  to  the  rights,  claims  and  demands  of  the  holders  and 

pledgees  of  said  bonds. 

And  it  is  further  ordered,  that  the  said  funds  as  raised  l)y  the  receiver  out 
of  and  from  the  sale  and  negotiation  of  the  said  certificates  shall  l)e  used, 
and  applied  solely  and  exclusivel}'  for  the  operation,  administration,  and 
expenses  of  the  business  of  the  said  bankrupt. 

And  it  is  further  ordered,  that  the  clerk  of  this  court  shall  after  the  said 
receiver  shall  have  signed  said  certificates,  certify  under  this  hand  and  the 
seal  of  this  court  said  certificates  so  subscribed  by  the  said  receiver  in  the 
manner  and  form  following : 

"  Certificate  of  the  Clerk  of  the  District  Court  of  the  United  States  for  the 
District  of   

T ,  Clerk  of  the  District  Court  of  the  T^nitcd  States  for 

the  District  of ,  do  hereby  certify  that  the  foregoing  certificate 

or  instrument  of  indebtedness  signed  by ,  as  receiver  of 

,    is    one    of    a    series    of    certificates    mentioned    in    and 

authorized  by  the  order  of  the  District  Court  of  the  United  States  for  the 

District  of made  and  entered  on  the 

day  of ,  19. . .,  '  In  the  Matter  of ,  bank- 
rupt,' pending  in  the  said  court  upon  the  bankruptcy  side  of  the  said  court. 

ClerJc." 

D.  J. 


154  FORMS  IX  BAXKRUPTCY. 

NOTES. 

Receiver's  Certificates.    Sec.  2,  (5)  (15). 

Above  form  witli  modifications  approved  by  the  District  Court  for  Southern  District 
of  New  York  in  the  matter  of  "  The  Breakwater  Construction  and  Engineering  Co. 
Bankrupt." 

Issued  under  the  equity  powers  of  the  Court  for  purpose  of  raising  money  to 
procure  materials,  labor,  supplies,  etc.,  upon  presumption  of  necessity. 

Should  be  issued  only  when  the  preservation  of  the  property  in  hands  of  the 
receiver  presents  urgent  necessity  therefor. 

Rochester  Trust  etc.  Co.  v.  Onteonta  etc.  R.  Co.  (X.  V.  App.  Div.i,  122  X.  Y. 
Supp.  19. 

Rochester  Trust  etc.  Co.  v.  Rochester  etc.  R.  Co.  (X.  Y'.),  60  X.  Y.  Supp.  409. 

■'  The  Circuit  Court  of  Appeals  has  expressly  declared  that  a  receiver  of  a  private 
corporation  cannot  be  authorized  to  issue  certificates  to  carry  on  the  business  of  the 
corporation  and  make  them  a  first  and  paramount  lien  on  the  corpus  of  the  trust 
estate.  It  was  said  that  the  rule  authorizing  the  issuing  of  receiver's  certificates  and 
constituting  them  a  paramount  lien  on  the  property  is  based  on  the  public  character 
of  the  company  is  not  to  be  extended  to  mere  private  corporations,  but  to  those  only 
of  a  quasi-public  character." 

Beach  on  Receivers   (2nd  Ed.),  p.  448. 

Hanna  v.  State  Trust  Co.,  70  Fed.  2. 

For  the  purpose  of  preserving  the  assets  of  the  estate.  In  re  Restein,  20  Am.  B.  R. 
832;  162  Fed.  986. 

In  re  Erie  Lumber  Co.,  17  Am.  B.  R.  689;   150  Fed.  817. 

As  to  loans  made  in  excess  of  the  amount  receiver  is  authorized  to  borrow. 

In  re  C.  M.  Burklialter  and  Co.  (D.  C.  Ala.),  25  Am.  B.  R.  378;  182  Fed.  353. 

Certificates  issued  in  excess  of  amount  authorized  are  void  even  in  the  hands  of 
innocent  holders  and  will  not  be  accorded  priority  of  payment. 

General  authority  of  receiver  not  sufficient  to  issue. 

Union  Trust  Co.  v.  Chicago  etc.  R.  Co.,  7  Fed.  513. 

[Ed.  Xote.] 

Certificates  should  recite  terms  of  the  order  upon  which  issued. 

The  force  and  intent  of  the  order  not  to  be  extended  by  implication. 

Priority  of  payment. 

In  re  Alaska  Fishing  and  Development  Co.,  21  Am.  B.  R.  685. 

[Ed.  Xote.] 

Receivers'  certificates  are  not  commercial  paper  and  innocent  purchasers  are  not 
protected  but  charged  with  notice  of  the  terms  of  the  order. 

Rights  of  lienholders. 

Fidelity  Ins.  etc.  Co.  v.  Roanoke  Iron  Co.,  68  Fed.  623. 

In  re  Clark  Coal  and  Coke  Co.  (D.  C.  Pa.),  23  Am.  B.  R.  273,  rev'g  in  part,  s.  c. 
22  Am.  B.  R.  843. 


FORMS  IN  BANKRUPTCY.  155 


FORM  No.  87. 

ANSW^ER  OF  LIENOR  TO   RECEIVER'S  PETITION  TO  ISSUE  CERTIFI- 
GATES   AS   A   PRIOR   LIEN. 


['nited  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  TUB  Matter 
OP 


Bankrupt. 


V    Xo, 


The Company,  as  trustee  under  the  mortgage  dated 

,  19 .  .  .,  made  by ,  bankrupt,  to  said  com- 
pany, appearing  herein  specially  for  the  purpose  only  of  opposing  the  appli- 
cation of   ,  as  receiver  of  the  above  named  liankrupt,  for 

leave  to  issue  receiver's  certificates  to  the  amount  of  $ ,  and  making 

same  a  first  lien  on  the  property  and  plant  of  the  said  alleged  bankrupt, 
answers  the  petition  of  said  receiver,  as  follows : 

I.  It  denies  that  it  has  any  knowledge  or  information  sufficient  to  form 
a  ])elief  as  to  any  of  the  allegations  contained  in  the  paragraphs  of  said  petition 
numbered 

II.  Further  answ^ering  said  petition  and  as  further  and  separate  defense 
thereto,  the Companv,  as  trustee,  shows  and  alleges : 

1.  That   it  is  a  corporation   duly   organized  and   existing  under  and   by 

virtue  of  the  laws  of  the  State  of ,  duly  authorized  to  take  and 

hold  in  trust  the  property  conveyed  to  it  by  the  mortgage  hereinafter  referred 
to. 

2.  That  l)y  an  indenture  dated ,  19.  .  .,  of  which  a  copy  is 

herewith  submitted  to  the  court,  to  which  reference  is  hereby  made  as  if  the 
same  were  herein  set  forth  at  length,  ,  the  bankrupt,  con- 
veyed  to    Company,   as  trustee,   the  property   aj:d 

franchises  therein  described,  in  trust  for  the  equal  pro  rata  l>enefit  and  security 
of  all  and  every  the  holders  of  the  ])onds  and  interest  coupons  issued  and  to 
be  issued  under  the  said  mortgage  or  deed  of  trust,  and  to  enforce  the  pay- 
ment thereof  when  payable  in  accordance  with  the  true  intent  and  meaning 
of  the  stipulations  of  the  said  indenture  and  of  the  said  bonds  and  coupons, 
and  without  preference  of  the  said  bonds  over  any  others  thereof  l\v  reason 
of  priority  in  the  time  of  issue  or  negotiation  thereof,  or  otherwise  howsoever. 


156  FOKMS  IN^  BANKRUPTCY. 

3.  That  said  indenture  of  mortgage   constitutes  a  lien   upon   all  of   the 

property  and  franchises  which  said then  owned  and  upon 

all  the  personal  property  which  it  thereafter  acquired,  to  secure  the  issue  of 
bonds  therein  described,  and  as  such  lien  it  was  given  and  accepted  in  good 
faith  and  not  in  contemplation  of  or  in  fraud  upon  the  bankruptcy  laws  of 
the  United  States,  and  for  a  present  consideration  and  said  mortgage  or  deed 
of  trust  was  duly  recorded  according  to  law. 

4.  That  said Company  is  not  a  party  to  the  above 

entitled  proceeding  and  respectfully  urges  that  this  court  is  without  power  to 
displace  the  lien  of  the  said  mortgage  for  the  security  of  the  bonds  issued 
and  outstanding  thereunder  by  authorizing  the  receiver  above  named  to  issue 
receiver's  certificates  which  shall  be  a  lien  upon  all  the  property  and  assets 
of  the  company  prior  to  the  lien  of  the  mortgage  above  referred  to. 

Wherefore, Company,  as  trustee  under  the  said  mortgage 

dated ,  19 ,  . .,  respectfully  prays  that  the  petition  of  the  said 

receiver  be  denied. 

Dated,  ,  19... 


Company, 

By   


Attorney  for Co., 

Office  and  Post  Office  Address, 

Street, 


[Verification. 


FORM  No.  88. 

RECEIVER'S  CERTIFICATE. 

CERTIFICATE  NO 


Know  all  men  by  these  presents : 

That  I, ,  as  receiver  of  the Company 

of   ,  duly  appointed  as  siich  receiver  by  an  order  of  the 

District  Court  of  the  United  States  for  the District  of 

,  in  certain  proceedings  in  bankruptcy  therein  pending  against 

the  said    Company  of ,  am  indebted 

to  the  bearer  in  the  sum  of  One  Thousand  Dollars   ($1,000),  which  I,  the 

said   ,  as  such  receiver,  or  my  successor  or  successors  as 

such  receiver  or  receivers  (or  trustee  when  appointed)  of  the  property  and 

estate  of  the Company  of ,  promise  as 

such  receiver,  and  not  individually,  to  pay  to  the  bearer  on  or  before  the 
day  of ,  19 ,  . . ,  at  the  office  of  the 


FORMS  IN  BANKRUPTCY.  157 

Trust  Company,  No Street,  in  the  City  of   ,  with 

interest  thereon  from  the  day  and  date  thereof  at  the  rate  of per 

cent.  ( ^/c)  per  annum,  payable  semi-annually,  at  the  office  of  said 

Trust  Company  upon  presentation  hereof  at  the  said  Trust 

Company,  both  principal  hereof  and  interest  hereon  being  payaljle  only  out  oi 

the  proi)erty  and  estate  of  the Company  of , 

or  the  i)roceeds  or  the  income  thereof  in  the  hands  of  the  receiver  or  receivers 
aforesaid  or  any  trustee  in  bankruptcy  hereafter  appointed. 

This  certificate  of  indebtedness  is  issued  by  the  said  receiver  pursuant  to 

the  order  of  the  said  District  Court  of  the  United  States  for  the 

District  of ,  and  is  one  of  a  series  of  like  tenor  and  effect  numbered 

consecutively  from  one  to  fifty,  both  inclusive,  and  is  issued  in  the  "  IMatter  of 

the   Company  Bankrupt  "  of ,  pending  in  the 

said  District  Court  of  the  United  States  for  the District  of 

in  accordance  with  the  said  order  duly  made  and  entered  in  the  said  District 

Court  on  the day  of ,  19 .  , .,  to  which  order  reference 

is  here  made  and  which  said  order  is  hereby  made  a  part  hereof  as  though 
herein  expressly  incorporated. 

All  and  every  of  said  certificates  of  indebtedness  issued  under  the  said  order 
of  the  said  District  Court  of  the  United  States  are  equally  secured  without 
preference  of  the  one  over  the  other,  by  and  in  the  manner  set  forth  in  said 
order  of  the  District  Court  of  the  United  States,  and  will  be  paid  and  pro- 
vided for  by  the  said  District  Court  of  the  United  States  in  and  by  a  proi)er 
decree  or  order  in  the  said  matter. 

By  the  terms  of  the  said  order  the  earnings,  income,  2">rofits,  property  and 

estate  of  the  said Company  of ,  in  the  custody 

of  the  said  receiver,  as  well  as  his  successor  or  successors  in  office  or  to  here- 
after come  into  the  possession  of  a  trustee  when  apj)ointed  in  the  said  matter, 
are  expressly  charged  with  a  lien  uj)on  the  said  property  and  estate,  as  by 
the  terms  of  the  said  order  will  more  fully  appear,  and  the  payment  of  said 
certificates  shall  be  subject  to  the  rights,  claims  and  demands  of  the  holders 

of  the  express  liens,  if  any,  upon  the  bonds  of  the Company 

of numbered to consecutively,  both 

inclusive,  issued  in  the  sum  of  $ ,  and  secured  l)y  the  certain  mortgage 

or  mortgages  to  the Trust  Company  of as  Trustee, 

or  otherwise,  to  secure  the  payment  of  the  said  ])onds  and  each  and  every  of 
them  as  aforesaid,  to  the  lien  of  which  mortgages  aiul  the  claims  of  the  holders 
of  the  bonds  secured  thereby  said  certificates  are  expressly  made  subject,  and 
that  otherwise  the  said  certificates  shall  have  precedence  and  priority  over  all 
other  liens,  claims  and  demands  against  the  aforesaid  property  and  estate  of 
the Company  of 

And  it  is  further  understood  and  agreed  that  this  certificate  shall  become 

due  and  payable   (••••)  nionths  after  the  date  thereof  unless 

sooner  paid  by  the  said  receiver  ])ursuant  to  the  order  or  decree  of  the  said 


158  FORMS  IN  BANKRUPTCY. 

District  Court,  and  in  the  event  of  its  non-payment  by  tlie  said  receiver  as 
aforesaid,  may  be  enforced  by  the  holder  thereof  in  any  proper  action  or  pro- 
ceeding. 

Tliis  certificate  of  indebtedness  shall  not  become  effective  and  valid  until 
authenticated  by  the  Clerk  of  the  District  Court  of  the  United  States  for  the 

District  of ,  under  his  seal  by  endorsement  upon 

the  back  of  this  certificate  executed  by  the  said  Clerk  of  the  said  Court. 

Neither  I,  the  said ,  individually  or  as  receiver,  nor  any 

other  receiver  or  receivers  in  the  trust  aforesaid,  undertake,  incur  or  assume 
any  liability  whatsoever  other  than  as  receiver,  to  pay  the  said  certificates 
and  the  interest  thereon  out  of  the  earnings,  profits,  income,  property  and 

estate  of  the Company  of ,  and  shall  in  no 

event  be  liable  other  than  for  the  proper  application  of  the  said  earnings. 
profits,  income,  property  and  estate  applicable  to  the  payment  of  this  certifi- 
cate subject  to  the  orders  of  the  said  District  Court  of  the  United  States. 

In  witness  whereof,  the  said ,  as  receiver  of 

Company  of ,  has  pursuant  to  the  order  of  said  court  here- 
unto set  his  hand  and  seal,  at  the  City  of ,  in  the  State  of 

,  this day  of ,  19 . . . 

Certificate  of  the  Clerk  of  the  District  Court  of  the  United  States 
for  the District  of   

I,  ; ,  Clerk  of  the  District  Court  of  the  United  States 

for  the District  of ,  do  hereby  certify  that  the  fore- 
going certificate  or  instrument  of  indeljtedness  signed  by   .as 

receiver  of ,  is  one  of  a  series  of  certificates  mentioned 

in  and  authorized  by  the  order  of  the  District  Court  of  the  United  States 

for  the District  of ,  made  and  entered  on  the 

day  of ,  19. . .,  "  In  the  Matter  of , 

l)ankrupt,"  pending  in  the  said  court  upon  the  bankruptcy  side  of  the  said 
court. 

Cleric. 


FORMS  IN  BANKRUPTCY.  15i) 


FORM  No.  89. 

PETITION    FOR    APPOINTMENT     OF  ANCILLARY  RECEIVER  IN 
COURT    OF   ANCILLARY   JURISDICTION. 


United  States  District  Court, 

])istriet  of 

111  Bankruptcy. 


In  the  Mattkii 

OF 


BanliTupl. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  to  this  court,  and 

alleges : 

1.  That  he  is  a  creditor  of ,  the  bankrupt  licrein,  in  the 

sum  of  $ 

2.  That  the  said  alleged  bankrupt  is  a  corporation  existing  under  the  laws 

of  the  State  of and  was  organized  with  a  capital  stock 

of  $ ,  for  the  purpose  of 

That  the  principal  place  of  business  of  the  said  company  is  in  the  City  of 

and  State  of ,  but  that  the  company's  factory 

buildings  and  machinery,  as  well  as  most  of  its  ])ersonal  property  are  in  the 
Town  of ,  and  within  the  Jurisdiction  of  this  court. 

3.  That  on  the day  of ,  19 . . .,  a  petition  was  filed 

in  the  District  Court  of  the  United  States  for  the District  of 

by  your  petitioner  together  with  other  creditors  of  the  above 

named  corporation  for  the  purpose  of  having  it  adjudged  bankrupt ;  that  the 
acts  of  bankruptcy  set  forth  in  the  said  petition  were  as  follows:  (1)  That 

within  four  months  next  preceding  the  date  of  the  said  petition,  the 

Comi)aiiy  committed  an  act  of  ])ankruptcy  in  that  it  did  suffer  or  permit, 

while  insolvent, of ,  to  ol)tain  a  preference 

through  legal  proceedings,  which  preference  is  in  the  nature  of  an  attachment 

against  property  of  the  said Company  located  at 

in  the  State  of  Such  preference  has  not  been  vacated  nor 

discharged.  (2)  Also  while  insolvent,  the  said Company  per- 
mitted tlie  following  creditors  to  obtain  preferences  by  making  payments  to 
them,  to  wit. :  


160  FOEMS  IN  BANKEUPTCY. 

4.  That  many  of  the  creditors,  whose  accounts  are  overdue,  have  threat- 
ened to  institute  legal  proceedings  against  the  company.  That  there  are  no 
assets  of  the  company  immediately  available  for  the  purj^ose  of  paying  said 
indebtedness. 

5.  The  factory  of  the  company  has  been  shut  down  because  of  the  inal)ility 
of  the  company  to  pay  wages  to  employees  and  expenses  necessary  for  the 
continuance  of  the  business.  That  said  company  has  been  unable  to  pay  its 
current  bills  for  some  time  past,  and  has  been  insolvent. 

6.  That  on day  of ,  1!) .  .  ., ,  Esq., 

was  duly  appointed  receiver  of  the  estate  of  said  bankrupt  in  the 

District  of ,  by  order  of  Hon ,  Judge  of 

the  United  States  District  Court  for  the  said  District,  (the  attorneys  for  the 
alleged  bankrupt  appearing  at  the  same  time  and  consenting  in  open  court 
to  the  appointment.)   That  the  bankrupt  owns  and  possesses  certain  property 

consisting  of    ,   for   conducting  its   business,   in   this 

State  and  District,  and  certain  creditors  are  threatening  suits  against  said 
property.  Your  petitioner  is  of  the  opinion  and  verily  believes  that  it  is 
absolutely  necessary  for  the  preservation  of  the  jaroperty  of  the  bankrupt  and 
the  protection  of  the  creditors'  interest  therein,  that  an  ancillary  receiver  be 
appointed  by  this  court  for  the  protection  of  said  property. 

WTierefore,  your  petitioner  prays  for  an  order  of  this  court  appointing 

,  Esq.,  or  some  other  competent  person,  ancillary  receiver 

of  all  the  property,  assets  and  effects  of  the  a1)ove  named Com- 
pany, the  bankrupt,  which  is  situated  within  this  jurisdiction,  to  care  for  and 
preserve  the  same  until  the  appointment  and  qualification  of  a  trustee  or  until 
the  further  order  of  this  court,  and  for  an  order  of  this  court  directing  the 

officers,  managers  and  employees  of  the  said Company  to 

deliver  into  the  j)ossession  of  the  ancillary  receiver  so  appointed,  all  of  the 

property  of  the  said Comj^any  wheresoever  situated  which 

is  not  exempt  by  law  and  to  otherwise  comply  with  the  terms  of  the  said  order, 
and  that  they,  their  agents,  servants,  attorneys  and  all  persons  be  restrained 
and  enjoined  from  in  any  way  interfering  with  the  possession  of  the  said 
proi)erty,  other  than  to  turn  the  same  over  to  the  said  ancillary  receiver. 


PetUioner. 
[Verification.] 

NOTES. 

Ancillary  jurisdiction  is  now  provided  for  in  Sec.  2  (20)  by  the  Amendments  of 
1910. 

In  re  Lipman  (D.  C.  N.  J.),  29  Am.  B.  R.  139;  201  Fed.  169. 

Fidelity  Trust  Co.  v.  Oaskell  (C.  C.  A.  8th  C'ir.),  28  Am.  B.  R.  4;  195  Fed.  805;  115 
C.  C.  A.  527. 

Progressive  Buildinj,'  and  Loan  Co.  Inc.  v.  Hall,  33  Am.  B.  R.  313;  220  Fed.  45;  135 
C.  C.  A.  613. 

Hartman,  Trustee  v.  Ackoury  (D.  C.  La.),  31  Am.  B.  R.  514;  210  Fed.  188. 


FORMS  IN  BANKRUPTCY.  161 

^V^lere  process  to  seize  alleged  bankrupt's  property  is  necessary,  ancillary  pro- 
ceedings in  proper  district  may  be  had. 

In  re  Peiser,  7  Am.  B.  R.  690;   115  Fed.  199. 

In  re  Dunseath  and  Son  Co.  (D.  (J.  Pa.),  22  Am.  B.  R.  75;  168  Fed.  973. 

In  re  Benedict  (D.  C.  Wis.),  15  Am.  B.  R.  232;  140  Fed.  55. 

In  re  Nelson  and  Bro.  Co.  (D.  C.  N.  Y.),  18  Am.  B.  R.  66;  149  Fed.  590.  In  re 
Schrom,  3  Am.  B.  R.  352;  97  Fed.  160. 

Ross-Meeham  Foundry  Co.  v.  Southern  Car  and  Foundry  Co.,  10  Am.  B.  R.  624; 
124  Fed.  403. 

In  re  Granite  City  Bank  of  Dell  Rapids  (C.  C.  A.  Sth  Cir.),  14  Am.  ]'..  R.  404; 
137  Fed.  818;  70  C.  C.  A.  316;  atf'g  12  Am.  B.  R.  727. 

Court  has  no  power  to  make  summary  order  for  delivery  of  property  to  be 
enforced  in  another  district. 

Staunton  v.  Wooden  (C.  C.  A.  9th  Cir.).  24  Am.  B.  R.  736;  179  Fed.  61;  102 
C.  C.  A.  355. 

Power  of  ancillary  receiver. 

In  re  Peiser  (supra). 

Sale  of  property  upon  application  of  ancillary  receiver  after  adjudication  denied. 

In  re  Brockton  Ideal  Shoe  Co.   (D.  C.  N.  Y.),  27  Am.  B.  R.  577;   194  Fed.  233. 

A  receiver  may  not  sue  in  a  district  other  than  that  in  which  he  was  appointed. 

In  re  National  Mercantile  Agency  (D.  C.  Pa.),  12  Am.  B.  R.  189;  128  Fed.  639.  Nor 
bring  summary  proceedings  to  recover  assets  in  other  jurisdiction. 

In  re  Dunseath  and  Son  Co.  (supra). 

An  attachment  will  not  lie  against  property  in  hands  of  ancillary  receiver. 

In  re  Nelson  and  Bro.  Co.  {siipra). 

Ancillary  administration. 

In  re  Hayes  (D.  C.  N.  Y.),  27  Am.  B.  R.  713;   192  Fed.  1018. 

District  court  has  jurisdiction  to  entertain  proceedings  instituted  by  a  trustee  in 
bankruptcy  duly  appointed  in  a  bankruptcy  proceeding  pending  in  another  district  to 
compel  the  officers  of  the  bankrupt  to  deliver  to  such  trustee  the  documents  in  their 
possession  relating  to  the  business  of  the  bankrupt. 

\Anien  the  original  court  of  bankruptcy  could  act  summarily,  another  court  of  bank- 
ruptcy sitting  in  another  district  can  do  so  in  aid  of  the  court  of  original  jurisdiction. 

Babbitt,  Trustee,  Randolph  Macon  Coal  Co.  v.  Dutcher  and  Cardiner  (U.  S.  Sup.), 
23  Am.  B.  R.  519;  216  U.  S.  102;  54  L.  Ed.  402;  30  Sup.  Ct.  Rep.  372. 

In  re  Madson  Steele  Co.  (Elkus,  Petitioner),  23  Am.  B.  R.  614;  21 G  U.  S.  115; 
54  L.  Ed.  407. 

An  ancillary  receiver  must  account  to  the  court  which  appointed  him. 

Loeser  v.  Dallas  (C.  C.  A.  3rd  Cir.),  27  Am.  B.  R.  733;  192  Fi-d.  909;  114  C. 
C.  A.  349. 

Jurisdiction  of  Circuit  Court  of  Appeals  on  question  of  ancillary  jurisdiction. 

Fidelity  Trust  Co.  v.  G'askell  (supra). 

[See  analogous  forms  to  obtain  examination  in  another  district:  Forms  Nos.  225- 
228.] 

Power  of  ancillary  court  to  award  fees. 

In  re  Musica  and  Son  (D.  C  La.),  30  Am.  B.  R.  555;  aff'd,  31  Am.  B.  R.  687; 
211  Fed.  326;  127  C.  C.  A.  575;  Appeal  to  Supreme  Court  dismis-sed  in  ?,2  Am.  B.  R.  559. 

See  Acme  Harvester  Co.  v.  Beekman  Lumber  Co.,  27  Am.  B.  R.  262;  222  U.  S. 
300-306;  56  L.  Ed.  208. 


162 


FORMS  IX  BANKRUPTCY. 


Present : 
Hon. 


FORM  No.  90. 

ORDER  APPOINTING    ANCILLARY   RECEIVER. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of held  at  the  Court 

House,  City  of ,  on  the 

day  of ,19... 


District  Judge. 


In  the  Matter 

OF 


Banlriipt. 


Upon  the  petition  of ,  verified  the day  of 

,  19.  . .,  praying  for  the  appointment  of  an  ancillary 

receiver  in  bankruptcy  in  this  jurisdiction  and  it  appearing  that  an  involuntary 

petition  in  l)ankruptcy  was  fded  on  the day  of , 

19.  . .,  and  is  now  pending  in  the  District  Court  of  the  United  States  for  the 

district  of ,  against  the  above  named  l)ankrupt ; 

that has  been  appointed  receiver,  duly  qualified  and  is  now 

acting  as  such  receiver;  that  the  said  !)ankrupt  owns  and  possesses  certain 

property  consisting  of in  this  State  and  district ;  that  it 

is  absolutely  necessary  for  the  preservation  of  this  property  and  in  aid  of  the 

receiver  heretofore  appointed  in  said District  of 

that  an  ancillary  receiver  be  appointed  herein,  now  upon  motion  of 

,  Esq.,  attorney  for  said  petitioner,  it  is 

Ordered,  that  the  prayer  of  said  petition  be  and  here])y  is  granted  and  .... 

,  Esq.,  be  and  he  herel)y  is  appointed  ancillary  receiver  of  the 

above  named  bankrupt  in  and  for  this  district  with  all  the  rights  and  powers 
to  carry  into  force  and  efTec^t  the  orders  of  the  original  court  of  jurisdiction 
and  it  is  further. 

Ordered,  that  said  receiver  furnish  a  ]>on(l  in  the  sum  of  $ for  the 

faithful  discharge  of  his  duties  as  such  receiver  and  it  is  further, 

Ordered,  that  said  l)ankrupt  forthwith  deliver  to  said  receiver  all  of  his 
property,  assets  and  effects  now  in  his  possession  or  under  his  control,  and 


FORMS  IN  BANKRUPTCY.  163 

tliat  said  bankrupt  and  all  other  persons,  firms,  corporations  and  creditors 
of  said  bankrupt,  as  well  as  their  and  each  of  their  attorneys,  agents  and 
servants,  and  all  sherili's,  marshals  and  other  officers,  deputies  and  their 
employees,  are  hereby  jointly  and  severally  restrained  and  enjoined  from 
removing,  transferring  or  otherwise  interfering  with  the  property,  assets 
and  effects  of  the  above  named  alleged  bankrupt,  and  from  prosecuting,  exe- 
cuting or  suing  out  of  any  court,  any  process,  attachment,  replevin  or  other 
writ  for  the  purpose  of  taking  possession,  impounding  or  interfering  with  any 
property,  assets  or  effects  of  the  above  named  bankrupt,  and  from  molesting, 
disturbing  or  interfering  with  the  ancillary  receiver  herein  appointed  in  the 
discharge  of  his  duties. 

D.J. 


PART  III. 

PROCEEDINGS    BEFORE  REFEREE  AFTER  ADJUDI- 
CATION. 

Form  No.     91.  Referee's  Oath  of  Office. 

i)!.  Bond  of  Referee. 

93.  Notice  of  Adjudication. 

94.  Order  for  first  Meeting  of  Creditors  after  thirty  Days. 

95.  Notice  of  first  Meeting  of  Creditors. 

96.  Short  Form  of  Notice  used  in  Southern  District  of  New  York  by  local 

Rule. 

97.  Affidavit  of  Publication  of  Notice  of  first  Meeting. 

98.  Affidavit  of  mailing  same. 

99.  Lists  of  Debts  proved  at  first  Meeting. 

100.  Appointment  of  Trustee  by  Creditors. 

101.  Appointment  of  Trustee  by  Referee. 

102.  Notice  to  Trustee  of  his  Appointment. 

103.  Order  approving  Trustee's  Bond. 

104.  Order  that  no  Trustee  be  appointed. 

105.  Notice  to  Trustee  to  file  Report. 

106.  Order  appointing  Attorney  for  Trustee. 

107.  Notice  of  defective  Proof  of  Claim. 

108.  Petition  to  amend  Schedules. 

109.  Order  allowing  Amendment  of  Schedules. 

110.  Affidavit  of  Bankrupt  as  to  Exemptions. 

111.  Order  allowing  Exemptions  when  no  Trustee  is  Appointed. 

112.  Petition  by  Bankrupt  for  Review  of  Referee's  Order  on  Exemptions. 

113.  Certificate  of  Falsity  of  Pauper  Affidavit. 

114.  Order  that  Trustee  transfer  Copyright. 

115.  Petition   for  Meeting  of  Creditors  to   consider  proposed   Comjiromise 

of  Controversy. 

116.  Notice  to  Creditors  of  Special  Meeting. 

117.  Order  allowing  Compromise. 

118.  Petition  for  Meeting  of  Creditors  to  indemnify  Trustee. 

119.  Petition  to  compel  Bankrupt  to  turn  over  concealed  Assets. 

120.  Ssmmary  Order  that  Bankrupt  turn  over  concealed  Assets. 

121.  Petition  to  re-examine  Fee  of  Bankrupt's  Attorney. 

122.  Order  for  Repayment  by  Attorney. 

123.  I<]xceptions  to  Referee's  Order. 

124.  Petition  to  review  Referee's  Order. 

125.  Referee's  Certificate  on  Review. 

126.  Order  dismissing  Petition  to  review  Referee's  Order. 

127.  Referee's  Certificate  of  Contempt  for  Failure  to  obey  summary  Order. 

128.  Referee's  Certificate  for  Failure  of  Witness  to  apj)ear. 

129.  Referee's  Certificate  closing  Proceeding  for  Lack  of  Prosecution. 

130.  Referee's  Certificate  of  Disqualification. 

131.  Order  substituting  new  Referee. 

132.  Petition  for  Appointment  of  Appraisers. 

133.  Appointment,  Oath  and  Report  of  Appraisers. 

[164] 


FORMS  IN  BANKRUPTCY.  16& 

roBil  Xo.  134.  Petition  of  Appraisers  for  Allowance  for  Services. 

135.  Order  declaring  first  Dividend  and  Dividend  Sheet. 

136.  Notice  of  Dividend  and  Warrant. 

137.  Order  that  Trustee  pay  to  Creditor,  Dividtiul  heretofore  declared. 

138.  Notice  of  final  Meeting, 

139.  Order  passing  Trustee's  Account  and  declaring  Dividend. 

140.  Order  fixing  Allowance  of  Bankrupt's  Attorney. 

141.  Referee's  Certificate  of  Indemnity. 

142.  Petition  and  Order  for  Redemption  of  Property  from  Lien. 

143.  Petition  for  Order  of  Protection. 

144.  Order  of  Protection. 


FORM  No.  91. 

[Official.] 
REFEREE'S   OATH   OF   OFFICE. 

I, ,  do  solemnly  swear  that  I  will  administer  justice  with- 
out respect  to  persons,  and  do  equal  right  to  the  poor  and  to  the  rich,  and  that 
I  will  faithfully  and  impartially  discharge  and  perform,  all  the  duties  incum- 
bent on  me  as  referee  in  bankruptcy,  according  to  the  best  of  my  abilities 
and  understanding,  agreeably  to  the  Constitution  and  laws  of  the  United 
States. 

So  help  me  God ! 

Subscribed  and  sworn  to  before  me  this day  of , 

A.  D.  19... 


Dvitrict  Judge. 


FORM  No.  92. 

[Official.] 
BOND   OF  REFEREE. 

Know  all  men  by  these  presents : 

That  we, ,  of ,  as  principal,  and 

of and of ,  as 

sureties,  are  held  and  firmly  bound  to  the  United  States  of  America  in  the 

sum  of dollars,  lawful  money  of  the  United  States,  to  bo 

paid  to  the  said  United  States,  for  the  payment  of  which,  well  and  truly  to 
I'e  made,  we  bind  ourselves,  our  heirs,  executors  and  administrators,  jointly 
and  severally,  liy  these  presents. 

Signed  and  sealed  this day  of ,  A.  D.  19 . . . 

The  condition  of  this  obligation  is  such  that  whereas  the  said   

has  been  on  the day  of ,  A.  D.  10 appointed  1)y  the 

Honorable  ,  Judge  of  the  District  Court  of  the  United 


16G 


FOEMS  IX  BAXKEUPTCY. 


States  for  the District  of ,  a  referee  in  bank- 
ruptcy in  and  for  the  County  of ,  in  said  district,  under  the  Acts 

of  Congress  relating  to  bankruptcy. 

Sow,  therefore,  if  the  said shall  well  and  faithfully  dis- 
charge and  perform  all  the  duties  pertaining  to  the  said  office  of  referee  in 
bankruptcy,  then  this  obligation  to  be  void;  otherwise  to  remain  in  full  force 
and  virtue. 
Signed  and  sealed 

in  the  presence  of: 


Approved  this day  of 


[L.  S.] 
[L.  S.] 
[L.  S.] 


..,  A.  D.  19 


District  Judge. 


NOTES. 
In  re  Covington,  C  Am.  B.  R.  373;  110  Fed.  U3 


FORM  No.  93. 

NOTICE   OF   ADJUDICATION. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  TiiH  ^Iatti:k 

OF 


BanWupt. 


Xo, 


To 

Esq., 

Attorney  for  the  BanJrrupf. 

The  above  entitled  proceeding  has  been  referred  to  me  as  referee  in  bank- 
ruptcy, and  ])y  the  order  of  this  court  the  l)ankrupt required 

to  appear  before  me  at  my  office.  Xo Street,  in  the  City  of 

on  the day  of ,  19 . . . ,  at 

o'clock I\r. 


FORMS  IN  BANKRUPTCY. 


167 


The  sum  of  $ should  be  then  deposited  with  me  as  iiideumity 

for  the  estimated  expenses  and  disbursements  up  to  disehar<re,  if  unopposed. 
Dated, ,  19.  .  . 


liC'fcrce  in  Banlirupdi/. 


FORM  No.  94. 

ORDER  FOR  FIRST  MEETING  OF  CREDITORS  AFTER  THIRTY  DAYS. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


Ix  THE  Mattku 

OF 


Banlcrupt. 


Xo. 


Before ,  Referee  in  Bankruptcy,  at  No 

Street, ,  on ,  10 .  . . 

It  appearing  to  me  that  for  the  reason  that,  (namely)    , 

the  first  meeting  of  creditors  cannot  be  held  within  the  time  provided  by  Sec- 
tion 55  of  the  United  States  Bankruptcy  Act,  I  hereby  order  that  the  first 
meeting  of  creditors  in  the  above  bankruptcy  proceedings  be  held  at  the  office 

of ,  Referee,  No ,  Street,  in  the 

City  of ,  County  and  State  of on  the 

day  of ,  A.  D.  19. . .,  at o'clock  in  the 

noon,  at  wliicli  time  the  creditors  may  attend,  prove  thc'ir  claims, 

appoint  a  trustee,  examine  the  bankrupt  and  transact  such  other  business  as 
may  properly  come  before  such  meeting. 

Dated ,19... 


Referee  in   Hanlriipfc'/. 


168  FOEMS  IN  BANKRUPTCY. 

FORM  No.  95. 

[Official.] 

NOTICE    OF   FIRST   MEETING    OF    CREDITORS. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


I    No. 


To  the  creditors  of ,  of  the  City  of 

,  and  County  of   ,  and  district  aforesaid,  a 

bankrupt :  Notice  is  herel)y  given  that  on  the day  of A.  D., 

19.  , .,  the  said was  duly  adjudicated  bankrupt,  and  that 

the  first  meeting  of  creditors  will  be  held  at  the  office  of 

Esq.,  No , City,  on  the day 

of ,  A.  D,,  19 . . .,  at o'clock  in  the noon,  at  which 

time  the  said  creditors  may  attend,  prove  their  claims,  appoint  a  trustee, 
examine  the  bankrupt  and  transact  such  other  business  as  may  properly  come 
before  said  meeting. 

Dated ,  19.  . . 


Referee  in  BnnlTuptcij. 


FORM  No.  96. 

SHORT    FORM    OF    NOTICE    USED    IN    SOUTHERN    DISTRICT    OF 

NEW^    YORK. 

United  States  District  Court, 

Southern  District  of  New  York : 

No 

In  Bankruptcy. 

Bankrupt. 

Avas  duly  adjudicated  bankrupt,  on , 

19 .  ..    The  first  meeting  of  creditors  will  1»o  held  at  my  office.  No , 


FORMS  IN  BANKRUPTCY. 


169 


City  of  >»'e\v  York,  ou ,  19. . .,  at M.  Creditors 

may  prove  claims,  appoint  a  trustee,  examine  the  bankrupt,  and  transact  such 
other  business  as  may  come  before  said  meeting. 


Referee  in  Bankruptcy. 
NOTES. 

Act,  Sec.  55. 

Cross-references.    Sees.  7  (9),  44,  56,  57,  58. 

General  Orders,  IV,  XII. 

Construction  of  statute. 

In  re  Back  Bay  Automobile  Co.,  19  Am.  B.  R.  835;  158  Fed.  679. 

Who  may  participate. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526;  142  Fed.  234. 

The  adjournment  of  a  meeting  of  creditors  for  the  purpose  of  allowing  a  restate- 
ment or  perfecting  a  proof  of  debt  is  discretionary  with  the  referee  and  avIU  not  be 
interfered  with  e.xcept  for  abuse. 

In  re  Morris,  18  Am.  B.  R.  828;  154  Fed.  211. 


FORM  No.  97. 


AFFIDAVIT  OF  PUBLICATION  OF  NOTICE  OF  FIRST  MEETING. 


State  of  . . 
County  of 


ss. 


[Xotice  Annexed.] 


,  being  duly  sworn,  saith  that 

he  is  proprietor  (or  principal  clerk  of  the 
publisher)  of  ,  a  daily  news- 
paper  printed   and   published    in    the    City 

of   ,  and  designated  for  the 

publication  of  notices  in  bankruptcy  in  the 

County  of   ,  in  said  district : 

that  the  notice  hereto  annexed  was  published 

in  the  said one  time,  to  wit : 

on ,  19... 

Sworn  to  before  me  this day 

of ,  19... 


i:o 


FOKMS  IX  BANKKUPTCY, 


FORM  No.  98. 

AFFIDAVIT  OF  MAILING  NOTICE  OF  FIRST  MEETING. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  ]\Iattek 

OF 


Banlcrupt. 


No, 


State  of 

County   of    .  , 
District  of 


ss. 


being  duly  sworn,  deposes  and  says :  I  am  employed  in  the 

office  of ,  referee  in  bankruptcy,  and  am  more  than  eighteen 

years  of  age ;  on  the day  of 19 . . .  I  deposited  in  the  Post 

Office  in  said  city  of copies  of  the  annexed  notice  to  creditors, 

each  contained  in  a  securely  closed  envelope,  frankenl  by  jiroper  notice  of 
official  business  whenever  addressed  to  a  place  within  the  United  States,  and 
duly  postpaid  whenever  addressed  to  a  place  without  the  United  States,  and 
duly  directed  respectively  to  each  of  the  creditors  of  said  bankrupt  named  in 
the  schedules  filed  herein,  at  the  respective  addresses  stated  in  said  Schedules, 
except  in  the  cases,  if  or  any,  in  which  the  address  of  the  creditor  is  stated  in 
said  schedules  to  be  unknown,  or  where  the  creditor  has  designated  an  address 
other  than  that  stated  in  said  schedules,  and  in  such  case  to  designated 
address  as  on  file  herein. 

Subscribed  and  sworn  to  before  me 
this day  of ,  A.  D.  19 . . . 

[Notice  Annexed.] 


FORMS  IN  BANKRUPTCY. 


171 


FORM  No.  99. 

[Official.] 
LIST  OF   DEBTS   PROVED   AT   FIRST   MEETING. 

In  the  District  Court  of  the  United  States  for  the    

of , 

In  Bankruptcy. 


District 


In  the  ^Lvtteu 

OF 


Xo, 


BanWupt. 


At ,  in  said  district,  on  the day  of A.  D.,  19 , 

hefore ,  referee  in  bankruptcy. 

The  following  is  a  list  of  creditors  who  have  this  day  proved  their  debts: 


Names  of  Creditors. 

Residence. 

Debts  proved 

Dolls. 

Cts. 

Beferee  in  Banlruptcij. 

NOTES. 
This  form  is  rarely  used. 
The  referees  keep  list  in  claim  book  and  transmit  divid»'nd  sheets  to  the  trustee. 


172 


FORMS  IN  BANKliUPTCY. 


FORM  No.  100. 

[Official. \ 
APPOINTMENT  OF  TRUSTEE  BY  CREDITORS. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

lu  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


I    Xo. 


At ,  in  said  District,  on  the day  of ,  A.  D., 

19 ... ,  before ,  Eeferee  in  Bankruptcy. 

This  being  the  day  appointed  l)y  the  court  for  the  first  meeting  of  the 
creditors  in  the  above  bankruptcy,  and  of  which  due  notice  has  been  given 

in  the ,  "we,  whose  names  are  hereunder  written,  being  the 

majority  in  number  and  in  amount  of  claims  of  the  creditors  of  the  said 
bankrupt,   whose   claims   have   been   allowed,   and   who   are   present  at  this 

meeting,  do  hereby  appoint 

of   in  the  county  of and 

State  of ,  to  be  the  Trustee  of  the  said  bankrupt's  estate  and 

effects,  and  we  do  fix  the  amount  of  his  bond  at dollars. 


Signatures  of  Creditors.  Residences  of  the  Same. 


Amount  of  Debt. 


Ordered  that  the  above  appointment  of  Trustee  be,  and  the  same  is  hereby 
approved. 


Referee  in  Banl-rtipirji. 


FORMS  IN  BANKRUPTCY.  173 

NOTES. 
Act,  Sec.  44. 

Cross-references,  1,  (26),  2,  (17),  45,  46,  50-b,  c,  k,  53,  57,  63. 
General  Orders,  XIII,  XIV,  XV,  XVI,  XVII,  XXV. 
Creditors  have  an  unqualified  right  to  elect. 
In  re  l^ewensohn,  3  Am.  B.  R.  299;  98  Fed.  576. 
In  re  P:astlack,  16  Am.  B.  R.  .529;  145  Fed.  68. 
In  re   Ketterer  Mf'g  Co.,  19  Am.  B.  R.  225;   155  Fed.  987. 
In  re  Eagles  and  Crisp,  3  Am.  B.  R.  733;  99  Fed.  696. 
In  re  Kaufman  (D.  C.  Ky.),  24  Am.  B.  R.  117;  179  Fed.  .5.52. 

When  adjournniL-nt  sliould  be  luid  to  enable  creditors  to  secure  proper  repre- 
sentation. 

In  re  E.  A.  Walker  and  Co.,  29  Am.  B.  R.  499;  204  Fed.  132. 
Election  vacated  for  improper  refusal  to  allow  vote. 
In  re  Roy  (D.  C.  N.  Y.).  26  Am.  B.  R.  4;  185  Fed.  551. 
Combination  of  creditors  as  against  public  policy. 
In  re  Kenney  and  Co.,  14  Am.  B.  R.  611  ;  136  Fed.  451. 

Voters  at  creditors'  meeting. 

Claims  procured  by  bankrupt  excluded. 

In  re  Lloyd,  17  Am.  B.  R.  96;  148  Fed.  92. 

In  re  Hanson,  19  Am.  B.  R.  235;  156  Fed.  417. 

In  re  James  H.  Turner  and  Co.,  20  Am.  B.  R.  040;   dist'g  In   re  I.loyd    {nvpra). 

In  re  Eastlack  {supra). 

In  re  Cooper,  14  Am.  B.  R.  320;  135  Fed.  196. 

In  re  Dayville  Woolen  Co.,  8  Am.  B.  R.  85;  114  Fed.  074. 

In  re  McGill  (C.  C.  A.  6th  Cir.),  5  Am.  B.  R.  155;  100  Fed.  57;  45  C.  C.  A.  218; 
aff'g  Falter  v.  Reinhard,  4  Am.  B.  R.  782;  104  Fed.  292. 

Where  bankrupt's  attorney  solicits  proxies,  such  votes  may  be  rejected  as  mani- 
festly in  the  interest  of  the  bankrupt. 

In  re  Van  De  Mark  (D.  C.  N.  Y.),  23  Am.  B.  R.  700;  175  Fed.  287- 

Former  attorney  of  bankrui)t  holding  majority  in  number  and  amount  of  claims. 

In  re  E.  A.  Walker  and  Co.  {supra). 

Solicitation  of  claims. 

In  re  Crooker  and  Co.  (D.  C.  Mass.),  27  Am.  B.  R.  241. 

Absent  creditors  not  considered  in  voting  for  trustee. 

In  re  Mackellar,  8  Am.  B.  R.  669;  116  Fed.  547. 

In  re  Henschel  (C.  C.  A.  2nd  Cir.),  7  Am.  B.  R.  662;  113  Fed.  443;  51  C.  C.  A.  277; 
rev'g  6  Am.  B.  R.  25  and  0  Am.  B.  R.  305;   109  Fed.  801. 

Mere  filing  of  objections  should  not  exclude  hu7ia  fide  creditor  from  voting. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  747. 

There  may  be  one  or  three  trustees. 

In  re  Fisher,  14  Am.  B.  R.  366;  135  Fed.  223. 

Votes  cast  by  a  commissioner  of  deeds  acting  under  a  power  of  attorney 
acknowledged  before  himself  should  be  excluded. 

In  re  Grossman  (D.  C.  N.  Y.),  34  Am.  B.  R.  32;  225  Fed.  1020. 

A  receiver  who  is  a  candidate  for  oilice  of  trustee  and  is  defeated  has  no  standing 
to  appeal. 

s.  c.  {svpra). 

In  re  Sugenheimer,  1  Am.  B.  R.  425;  01  Fed.  744. 

Creditor  who  is  also  bankrupt's  debtor  excluded. 

In  re  Duryea  Power  Co.,  20  Am.  B.  R.  219;    159  Fed.  783. 

Secured  creditors. 


174  FOKMS  IX  BANKRUPTCY. 

In  re  Milne,  Turnbiill  and  Co.,  20  Am.  B.  R.  248;  159  Fed.  280. 

In  re  Columbia  Iron  Works,   14  Am.  B.  R.  52G;    142  Fed.  234. 

Alleged  preferred  creditors. 

In  re  Milne,  Turnbull  and  Co.  {supra). 

In  re  Columbia  Iron  Works  {supra}. 

In  re  Malino,  8  Am.  B.  R.  205;  118  Fed.  368. 

^Miat  constitutes  "  splitting  claims." 

In  re  L.  W.  Day  and  Co.  (infra). 

Trustee  should  be  free  from  entangling  alliances. 

In  re  Rekersdres,  5  Am.  B.  R.  811;   108  Fed.  206. 

In  re  Sitting,  25  Am.  B.  R.  682;  182  Fed.  917. 

At  the  first  meeting  or  adjournment  thereof. 

In  re  Nice  and  Schrieber,  10  Am.  B.  R.  639;  123  Fed.  987. 

Trustee  of  partnership,  trustee  of  individual  partners. 

In  re  Coe,  18  Am.  B.  R.  715;  154  Fed.  162. 

In  re  Beck,  6  Am.  B.  R.  554;  110  Fed.  140. 

Procuring  list  of  creditors  from  bankrupt. 

In  re  J.  H.  Turner  and  Co.,  20  Am.  B.  R.  646. 

Improper  interference  by  officers  of  bankrupt  company. 

In  re  L.  W.  Day  and  Co.,  23  Am.  B.  R.  56;  174  Fed.  164;  aff'd  (C,  C.  A.  2nd  Cir.l, 
24  Am.  B.  R.  252;  178  Fed.  545. 

Mere  fact  that  claimant  is  a  director  and  stockholder  of  a  bankrupt  corporation 
does  not  ipso  facto  in  the  absence  of  collusion  or  improper  influence  disqualify  him 
!rom  voting. 

In  re  Stradley  and  Co.,  26  Am.  B.  R.  149;  187  Fed.  285. 

In  re  Syracuse  Paper  and  Pulp  Co.  (D.  C.  N.  Y.),  21  Am.  B.  R.  174;  104  Fed.  275. 

Approval  of  appointment  of  trustee. 
In  re  Lewensohn,  3  Am.  B.  R.  299;  98  Fed.  576. 
In  re  Anson  Mercantile  Co.,  25  Am.  B.  R.  429;  185  Fed.  993. 
In  re  Gordon  Supply  and  Mfg.  Co.,  12  Am.  B.  R.  94;  129  Fed.  622. 
In  re  Van  De  Mark  (siipra). 
In  re  Ployd,  25  Am.  B.  R.  194;  183  Fed.  791. 
Disapproval  for  non-residence. 

In  re  Jacobs  and  Roth,  18  Am.  B.  R.  728;   154  Fed.  988. 
In  re  Mangan,  13  Am.  B.  R.  303;  133  Fed.  1000. 
In  re  Law,  13  Am.  B.  R.  650. 
Subject  to  review  by  District  Judge. 
In  re  Hanson,  19  Am.  B.  R.  235;   156  Fed.  417. 
In  re  Hare,  9  Am.  B.  R.  520;  119  Fed.  246. 

An  alien  may  be  chosen  by  creditors  as  trustee  if  competent  to  perform  the  duties 
of  the  office  and  is  a  resident  of  or  hag  an  office  in  the  district. 
In  re  Coe,  18  Am.  B.  R.  715;  154  Fed.  162. 
Former  attorney  of  bankraj)t  not  proper  for  trustee. 
In  re  Wink,  30  Am.  B.  R.  298;  206  Fed.  348. 
Undischarged  bankrupt   in   another   proceeding  not   proper   person.      In   re   Smith, 

1  Am.  B.  R.  37. 

In  re  IMcGill   (C.  C.  A.  6th  Cir.),  5  Am.  B.  R.  155;   106  Fed.  57;  45  C.  C.  A.  218; 
aff'g  Falter  v.  Reinliard.  4  Am.  B.  R.  782;  104  Fed.  292. 
EfTect  of  disapproval  by  referee. 

In  re  Margolies  (D.  C.  X.  Y.),  27  Am.  B.  R.  398:  101  Fed.  369. 
\\'hen  referee's  disapproval  should  not  be  exercised. 
In  re  Kreuger,  27  Am.  B.  R.  440;  196  Fed.  705. 


FORMS  IN  BANKRUPTCY. 


175 


In  re  Clay  (Petition  of  Kdlar)  (C.  C.  A.  1st  Cir.),  27  Am.  B.  R.  715;  192  Fed. 
830  J  113  C.  C.  A.  154. 

When  selection  not  interfered  with. 

In  re  Blue  Ridge  Packing  Co.,  11  Am.  B.  R.  36;  125  Fed.  610;  In  re  l.^zoris,  10 
Am.  B.  R.  31;  120  Fed.  716. 

Not  disturbed  by  Circuit  Court  of  Appeals  except  for  abuse  of  discretion. 

In  re  Merritt  Construction  Co.  (C.  C.  A.  2d  Cir.),  33  Am.  B.  R.  610;  219  Fed.  555; 
135  C.  C.  A.  323. 


FORM  No.  101. 

[Official] 
APPOINTMENT   OF   TRUSTEE  BY  REFEREE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcj. 


In  the  Matter 

OF 


Banl-rupt. 


I    No. 


At   in  ?ai(l   District  on  the   day 

of ,  A.  D.  19 .  .  . ,  hefore ,  Referee  in  Bankruptcy. 

This  being  the  day  appointed  by  the  Court  for  the  first  meeting  of  creditors 
under   said   bankruptcy,    and   of   which   due   notice  has   been   given   in   the 

,  I,  the  undersigned  referee  of  the  said  court  in  bankruptcy,  sat 

at  the  time  and  place  above  mentioned,  pursuant  to  such  notice,  to  take  the 
proofs  of  del)t  and  for  the  choice  of  trustee  under  the  said  bankruptcy ;  and  I 
do  hereby  certify  that  the  creditors  whose  claims  had  been  allowed  and  were 
present  or  duly  represented,  failed  to  make  choice  of  a  trustee  of  said  bank- 
rupt's estate,  and  therefore  I  do  hereby  appoint of 

in  the  County  of and  State  of ,  as  trustee  of  the 

same,  (and  fix  his  bond  as  such  trustee  at  $ ). 


Referee  in  Banlruptcy. 


NOTES. 
Appointment  by  Referee. 
Wheri'  creditors  fail  to  elect. 
In  re  Morris,  18  Am.  B.  R.  828;  154  Fed.  211. 
In  re  Brooke  et  al.,  4  Am.  B.  R.  50;  100  Fed.  432. 


176  FORMS  IN  BANKRUPTCY. 

In  re  Kuffler,  3  Am.  B.  R.  162;  97  Fed.  187. 

In  re  Richards,  4  Am.  B.  R.  631;  103  Fed.  849. 

In  re  Macliin  and  Brown,  11  Am.  B.  R.  449;  128  Fed.  315. 

In  re  Cohen,  11  Am.  B.  R.  439;  131  Fed.  391. 

In  re  Henschel,  6  Am.  B.  R.  305;  109  Fed.  861;  as  reversed  s.  c.  7  Am.  B.  R.  662; 
113  Fed.  443;  51  C.  C.  A.  277. 

In  re  E.  T.  Kenney  and  Co.,  14  Am.  B.  R.  611;  136  Fed.  451. 

In  re  Knox  (C.  C.  A.  6th  Cir.),  34  Am.  B.  R.  461;  221  Fed.  36;  136  C.  C.  A.  562. 

When  referee  may  not  appoint.  On  disapproval  of  election  of  a  trustee,  must  call 
another  meeting  of  creditors  for  purpose  of  electing  anotlier  trustee. 

In  re  Mackellar,  8  Am.  B.  R.  669;  116  Fed.  547. 

In  re  Van  De  Mark  (D.  C.  N.  Y.),  23  Am.  B,  R.  760;  175  Fed.  287;  In  re 
Lewensohn,  3  Am.  B.  R.  299;  98  Fed.  576. 

In  re  Hare,  9  Am.  B.  R.  520;  119  Fed.  246. 

In  re  Kaufman,  24  Am.  B.  R.  117;  179  Fed.  552. 


FORM  No.  102. 

[Official.] 
NOTICE    TO    TRUSTEE    OF    HIS    APPOINTMENT. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlrupt. 


No. 


To of in  the  Count}^  of , 

and  district  aforesaid : 

I  hereby  notify  you  that  you  were  dul\'  aj^pointed  trustee  of  tlie  estate  of  the 

above  named  l)ankrupt  at  the  first  nicetiiio^  of  the  creditors,  on  the 

day  of ,  A.  D.,  10.  .  .,  and  \  have  approved  said  appointment.  The 

])eiial  sum  of  your  liond  as  sucli  trustee  has  lieen  fi.xed  at Dollars. 

You  are  required  to  notify  me  forthwith  of  your  acceptance  or  rejection  of  the 
trust. 

Dated  at the day  of ,  19 .  . 


Referee  in  Banl-rnpicy. 
NOTE. 
See  General  Order  XVI. 


FORMS  IN  BANKKUPTCY 


177 


FORM  No.  103. 

[Official.] 
ORDER  APPROVING  TRUSTEE'S  BOND. 


In  the  District  Court  of  the  Uuited  States, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


I   Ko. 


It  api)earing  to  the  Court  that of and  in  said 

District,  has  been  duly  appointed  trustee  of  the  estate  of  the  above  named 
Ininkrupt,  and  has  given  a  bond  with  sureties  for  the  faithful  performance 
of  his  official  duties,  in  the  amount  fixed  by  the  creditors  (or  by  order  of  the 
court)  to  "wit :  —  in  the  sum  of dollars :  it  is 

Ordered  that  the  said  bond  be,  and  the  same  is  hereby  ai)proved. 

Dated   ,  19... 


lieferee  in  Banhruptcy. 


FORM  No.  104. 

ORDER  THAT  NO  TRUSTEE  BE  APPOINTED. 

In  the  District  Court  of  the  United  States, 


for  the District  of 

In  Bankruptcy. 

In'  the  IMatter 

OF 


Bdnl-rvpl. 


Xo. 


At in  the  City  of and  Counts'  of 

in  said  District,  on  the day  of  . 

A.  D.,  19 .  .  .  before Esq..  Eeferee  in  Bankruptcy. 


i:8 


FOliMS  IX  BANKliUPTOY, 


This  being  the  day  appointed  by  the  Court  for  the  lirst  meeting  of  creditors 
in  the  above  entitled  proceeding,  oi'  which  due  notice  has  been  gi'ven  by 

publication  of  the  same  once  in  the ,  and  by  mailing  a  notice 

to  each  of  said  creditors  as  required  by  law;  and  it  appearing  that  the 
schedules  of  the  bankrupt  disclose  no  assets  except  such  as  are  exempt,  and 
that  no  creditor  has  appeared  and  filed  a  proof  of  claim  at  said  meeting,  and 
that  the  appointment  of  a  trustee  of  the  bankrupt's  estate  is  not  now  desirable, 
it  is  hereby 

Ordered,  that,  until  further  order  of  the  Court,  no  trustee  lie  appointed  and 
no  other  meeting  of  the  creditors  be  called. 


Bejerec  in  Banl-rupicy. 


FORM  No.  105. 

NOTICE   TO   TRUSTEE   TO  FILE  REPORT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


^    Xo. 


Office  of , 

Keferee  in  Bankruptcy,  Xo St.,  City  of 


19, 


To ,  l^sq., 

Trustee,  Xo Street,  City  of 

A  report  prescribed  by  Section  -17  of  the  United  States  Bankruptcy  Act, 
subdivision  10.  has  not  been  filed  l)y  you.     Kindly  file  the  same  on  or  before 

,19... 

Yours  trulv. 


Referee  in  Banl-ruptcy. 
NOTES. 
See  TJule  4  of  Instructions  to  Rofcreos  in  Southern  District  of  New  York. 


FORMS  IX  BANKKUPTCY. 


179 


FORM  No.  106. 


ORDER   APPOINTING    ATTORNEY    FOR    TRUSTEE. 


United  States  District  Court, 

for  the   District  of 

hi  Bankruptcy. 


Ix  TiiE  ^Iattku 

OF 


Ban/rnijit. 


\-    No, 


Upon  the  annexed  petition  of ,  trustee  herein,  the  affidavit  of 

,  attorney,  both  duly  verified,  and  sufficient  reason  appearing 

to  me  therefor,  it  is  hereby 

Ordered,  that ,  as  trustee  herein,  be  and  he  hereby  is 

authorized  and  empowered  to  retain  Messrs ,  of  Xo , 

City  of ,  as  his  attorneys  herein. 

Dated  ,  19.  .  . 


Referee  in  Bnnl-ruplci/. 

NOTES. 
Employment  of  Counsel  by  Trustee. 

For  forms  of  petition  and  affidavit  tiierefor,  see  "Receivers."     I'orms  Xos.  62,  G3. 
Duty  to  employ  eounsel. 

In  re  McKenna  (D.  C.  X.  Y.),  15  Am.  B.  R.  4;  137  Fed.  611. 
In  re  Baber,  9  Am.  B.  R.  406;  119  Fed.  525. 
AATiere  attorney  represents  adverse  interests. 
In  re  Rnsch,  5  Am.  B.  R.  565;  105  Fed.  607. 
Right  to  select  his  own  counsel. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526;  142  Fed.  234;  In  re  Abram,  4  Am. 
B.  R.  575;  103  Fed.  272. 


180  EOEMS  l^  BANKRUPTCY. 

FORM  No.  107. 

NOTICE  OF  DEFECTIVE  PROOF  OF  CliAIM. 

United  States  District  Court, 

for  tlie   District  of   : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlrupt. 


-    No, 


Office  of   ,  referee  in  bankruptcy,  No Street, 

City  of , ,19... 

Dear  Sir: 

Your  statement  of  claim  against  the  al)ove  named  banlcrupt  has  l)een 
received  and  is  herewith  returned  for  correction. 

Please  see  Section  57  of  the  Bankruptcy  Act,  and  Eule  XXI  of  the  General 
Orders  in  Bankruptcy  of  the  U.  S.  Supreme  Court. 

The  charge  allowed  by  the  United  States  Bankruptcy  Act,  on  filing  of  claim, 
is  twenty-five  cents,  to  be  returned  to  you  out  of  the  assets,  if  any,  which 
please  remit  with  corrected  proof  of  claim. 

Yours  truly, 


Referee  in  Bankruptcy. 


FOKMS  IN  BANKRUPTCY. 


181 


FORM  No.  108. 

PETITION    TO   AMEND    SCHEDUL.ES. 


United  States  District  Court, 

fur  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt 


-    No, 


To ,  Esq.,  Eef eree  in  Bankruptcy ; 

Your  petitioner  respectfully  shows: 

That  he  was  duly  adjudicated  a  bankrupt  herein  on day  of 

,  19 .  . . ,  and  that  his  schedules  as  required  by  Section  7  (8)  of 

the  l)ankruptcy  law  of  1898,  have  been  duly  filed  herein. 

That  the  first  meeting  of  your  petitioner's  creditors  has  been  called  for  the 
day  of ,  19.  .. 

That,  at  the  time  j^our  petitioner's  schedule  of  creditors  was  prepared,  by 
inadvertence,  the  names  and  the  statutory  facts  concerning  the  claims  of 
certain  creditors  were  omitted  therefrom. 

That  such  names  and  facts  are  as  follows : 


That  the  above  mentioned  creditors  luive  not  been  regularly  notified  of  said 
first  meeting  of  creditors. 

That  at  the  time  your  petitioner's  schedule  of  property  was  ]ire])arcd.  by 
inadvertence,  a  certain  interest  in  property  vested  in  your  jietilionor  was 
omitted  therefrom,  namely : 


That  no  previous  application  has  been  made  for  the  order  hereinafter  asked. 
Vv^herefore,  your  petitioner  prays  for  an  order  amending  said  schedules  in 
the  particulars  above  specified,  and  that  notice  bo  given  accordingly. 
Dated  at , 19.  .. 


PetHioner. 


[Verification.] 


182 


rOKMS  IX  BAXKEUPTCY. 


FORM  No.  109. 


ORDER  ALLO\VING  AMENDMENT  OF  SCHEDULES. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


Xo. 


Application  having  been  heretofore  made  for  an  order  amending  Schedules 

previously  filed  herein,  and  an  order  to  show  cause  having  been 

granted  thereon  on  the day  of ,  19 .  .  . ,  and  proof  of  mailing 

said  order,  as  provided  therein,  now  being  made,  and 

[Eecite  here  opposition,  if  any.] 

Xow,  on  motion  of ,  Esq.,  attorney  for  said  l)ankrupt,  it  is 

Ordered,  that  Schedule  A  (  )  herein  be  amended  l)v  adding  thereto,  in  the 
proper  columns,  the  following  facts : 

That  Schedule  B  (      )  be  amended  by  adding  thereto  the  following  words: 


Dated ,19... 


Referee  in  Bankruptcij. 


FORMS  IX  BANKRUPTCY 


183 


FORM  No.  110. 


AFFIDAVIT  OF  BANKRUPT  AS  TO  EXEMPTIONS. 


United  States  District  Court, 

District  of  .  .  . 

Ill  Bankruptcy. 


IX  THE  ^Iattku 
OF 


Bankrupt. 


State  of     . . 
County  of 


\ 


ss. : 


being  duly  sworn  deposes  and  says : 

1.  That  he  is  the  bankrupt  herein  and  was  duly  adjudicated  in  this  court 
on  the day  of ,  19 .  . . 

2.  That  deponent  filed  his  duly  verified  schedules  herein  on  the 

day  of ,  19.  .,  and  in  schedule  B  (5)  set  forth  the  property  to 

which  he  deems  himself  entitled  by  way  of  exemptions  according  to  the  law 
of  the  State  of 

3.  That  deponent  has  had  his  domicile  in  said  state  for  tlic  greater  ])()rtion 
of  six  months  immediately  preceding  the  filing  of  his  petition  in  bankruptcy 
herein. 

4.  That  said  property  is  of  the  value  of dollars  estimated  as 

follows : 


5.  That  said  ]iroperty  should  be  set  ofT  to  deponent  as  exempt  property, 
Sworn  to  before  me  this day  of ,  19 . . . 


184 


FOEMS  IX  BANKEUPTCY. 


FORM  No.  111. 

ORDER  ALLOWING   EXEMPTIONS   \VHEN   NO   TRUSTEE   APPOINTED. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Banlrupt. 


Xo, 


An  order  having  been  made  herein  that  no  trustee  he  appointed  as  provided 
in  General  Order  XT;  and  it  appearing,  from  the  affidavit  of  the  bankrupt 
filed  on  this  application  and  Schedule  B  (5)  filed  with  his  petition  herein, 
that  he  has  duly  claimed  and  is  entitled  to  the  exemptions  hereinafter 
mentioned :     Xow,  on  motion  of ,  Esq.,  his  attorney,  it  is 

Ordered,  that  the  said  bankrupt's  claim  to  exemptions  be  determined  as 
follows : 

That  he  is  entitled  under    of  the  lavs  of  the   State  of 

,  to  the  following  property : 


and  that  the  same  be  delivered  to  him  forthwith. 
Dated ,19... 


Referee  in  BanTcruptcy. 


FORMS  IN  JiANKKUPTCY.  185 


FORM  No.  112. 

PETITION   BY  BANKRUPT   FOR   REVIE^W   OF   REFEREE'S   ORDER  ON 

EXEMPTIONS. 

In  the  District  Court  of  the  United  States  lor  the District 

of   : 

In  Bankruptc}'. 


IX   THE   ]\lATTF.il 
OF 


Bank-rupt. 


Xo, 


To ,  Esq.,  Eeferee  in  Bankruptcy : 

Your  petitior.er  respectfully  shows : 

That  he  was  adjudged  a  bankrupt  herein  on  the day  of , 

19.  .  .,  and  that  a  trustee  of  his  estate  was  in  such  proceeding  subsequently 
appointed. 

That  such  trustee,  on  the day  of ,!!'••,  filed  a  report  of 

exempted  property  herein,  and  that,  on  the day  of ,  19...,  an 

order  was  entered  determining  your  petitioner's  claim  to  exempt  property,  as 
stated  in  such  report    

That  such  order  was  erroneous,  for  the  following  reasons : 

Wherefore,  your  petitioner,  feeling  aggrieved  because  of  said  order,  ])rays 
that  said  trustee's  report  and  the  said  order  ])e  reviewed,  as  provided  in  the 
Bankruptcy  Law  of  1898  and  General  Order  XXVII. 

Dated  /. ,19... 


Bankrupt. 
[Verification.] 

NOTES. 

Exemptions.    Sees.  6,  2  (11),  7-a  (8),  47-a  (11). 
Cross-references,  70-a. 
General  Orders,  XVII. 

The  State  law  where  bankrupt  has  domicile  controls. 
In  re  Tobias,  4  Am.  B.  R.  55.5;  10.3  Fed.  68. 
Richardson  v.  Woodward.  5  Am.  B.  R.  94;  104  Fed.  873. 
In  re  Anderson,  6  Am.  B.  R.  555;  110  Fed.  141. 
In  ro  Manning,  7  Am.  B.  R.  571;   112  Fed.  948. 


18G  FOKMS  IX  BAXKKUPTCY. 

Tn  re  Wood,  17  Am.  B.  K.  931;  147  Fea.  877. 

In  re  Owing3  (D.  C.  N.  Car.),  15  Ara.  B,  R.  472;  140  Fed.  739. 

Smalley  v.  Laugenour,  13  Am.  B.  E.  692;   196  U.  S.  93;  49  L.  Ed.  400. 

In  re  Fisher,  15  Am.  B.  R.  652;  142  Fed.  205. 

In  re  Lynch,  4  Am.  B.  R.  262;  101  Fed-  579. 

In  re  Wunder,  13  Am.  B.  R.  701;  133  Fed.  821. 

Duncan  v.  Ferguson-McKinney  Dry  Goods  Co.  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R. 
155;  150  Fed.  269;  80  C.  C.  A.  157. 

In  re  O'Hara,  20  Am.  B.  R.  714;  162  Fed.  325. 

In  re  Sullivan  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  578;  148  Fed.  815;  78  C.  C.  A.  50.'). 

In  re  Downing  (D.  C.  Ky.),  15  Am.  B.  R.  423;  148  Fed.  120. 

In  re  Andrews  and  Simonds  (D.  C.  Mich.).  27  Am.  B.  R.  116;  103  Fed.  770. 

In  re  Choatham,  31  Am.  B.  R.  520;  210  Fed.  370. 

Jurisdiction  as  to  property  not  capable  of  being  segregated. 

Bank  of  Nez  Perce  v.  Pindel,  28  Am.  B.  R.  69;  193  Fed.  917;  113  C.  C.  A.  545. 

Xot  the  intent  of  the  Bankruptcy  Act  to  enlarge  the  exemptions  available  under 
the  State  law. 

In  re  Boyd,  10  Am.  B.  R.  337;  120  Fed.  999. 

Nor  to  cover  exoneration  from  the  payment  of  the  fees  provided  for  the  court 
officers. 

In  re  Mason,  25  Am.  B.  R.  73;   181  Fed.  899. 

In  re  Hines,  9  Am.  B.  R.  27;  117  Fed.  790. 

Exemption  laws  to  be  liberally  construed. 

In  re  Tilden,  1  Am.  B.  R.  300;  91  Fed.  500. 

In  re  Thedford,  28  Am.  B.  R.  191. 

Duncan  v.  Ferguson-McKinney  Dry  Goods  Co.  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  155; 
150  Fed.  269;  80  C.  C.  A.  157. 

Right  of  bankrupt  thereto. 

In  re  Brown,  4  Am.  B.  R.  46;  100  Fed.  441. 

In  re  Waxelbaum,  4  Am.  B.  R.  120;  101  Fed.  228. 

In  re  Stephens,  8  Am.  B.  R.  53;  114  Fed.  192. 

In  re  Hines,  9  Am.  B.  R.  27;  117  Fed.  790. 

In  re  Bean,  4  Am.  B.  R.  53;  100  Fed-  262. 

In  re  Renda  (D.  C.  Pa.),  17  Am.  B.  R.  521;  149  Fed.  614. 

Alien  claimant. 

In  re  Kaplan  (D.  C.  ]\Iiss.),  24  Am.  B.  R.  376:  186  Fed.  242. 

Determined  as  of  the  time  of  his  adjudication. 

In  re  Fletcher,  16  Am.  B.  R.  491. 

In  re  Rainwater,  25  Am.  B.  R.  419;  191  Fed.  738. 

In  re  Donahey  (D.  C.  Pa.),  23  Am.  B.  R.  796;  176  Fed.  458. 

Exemptions  after  discharge  out  of  subsequently  discovered  assets  not  allowed. 

Tn  re  Irwin  (C.  C.  A.  3rd  Cir.),  23  Am.  B.  R.  487;  174  Fed.  642;  98  C.  C.  A.  396. 

Personal  to  bankrupt  and  is  deemed  waived  if  not  asserted. 

In  re  Bolinger,  6  Am.  B.  R.  171  ;   108  Fed.  374. 

In  re  Sloan,  14  Am.  B.  R.  435;  135  Fed.  873. 

In  re  Blanchard  and  Howard  (D.  C.  N.  Car.),  20  Am.  B.  R.  422;  161  Fed.  797. 

Failure  to  claim  exemptions  does  not  estop. 

Goodman  v.  Curtis,  23  Am.  B.  R.  504;  174  Fed.  644;  98  C.  C.  A.  308. 

In  re  Maxson  (D.  C.  la.),  22  Am.  B.  R.  424;  170  Fed.  356. 

Waiver. 

In  re  Reinhart,  12  Am.  B.  R.  78;  129  Fed.  510. 

In  re  Osborn  (D.  C.  N.  Y.),  5  Am.  B.  R.  Ill;  104  Fed.  780. 

In  re  Kaufmann  (D.  0.  Wis.),  16  Am.  B.  R.  118. 


FORMS  IN  BANKRUPTCY.  187 

In  re  Pfeiffer  (D.  C.  Pa.),  19  Am.  B.  R.  230;  155  Fed.  892. 

In  re  Bolinger  (supra). 

Failure  of  bankrupt  to  claim  exemption  of  wages  i-ariied  i)rior  to  lii.s  adiuilit«tio!i 
constitutes  a  waiver. 

In  re  Harrington  (D.  C.  X.  Y.),  29  Am.  B.  R.  66G;  200  Fed.  1010. 

Rights  of  e.vecution  creditor  holding  waiver. 

In  re  Baughman  (D.  C.  Pa.),  25  Am.  B.  R.  1G7;  183  Fed.  068. 

May  waive,  but  not  assign. 

In  re  Pfeifl'er  (D.  C.  Pa.),  19  Am.  B.  R.  230;  155  Fed.  892. 

A  claim  of  exemption  in  general  not  sufficient. 

In  re  Exum,  31  Am.  B.  R.  691;  209  Fed.  716. 

Burden  of  proof  as  to  exemptions  on  bankrupt. 

In  re  Turnbull,  5  Am.  B.  R.  549;  106  Fed.  660. 

McGahan  v.  Anderson,  7  Am.  B.  R.  641;  113  Fed.  115;  51  C.  C.  A.  92. 

Payment  from  proceeds  of  sale. 

In  re  Zack,  28  Am.  B.  R.  138. 

Dunlap  Hardware  Co.  v.  Huddleston  (C.  C.  A.  5th  Cir.),  21  Am.  B.  11.  7.31;  107  Fed. 
433;  93C.  C.  A.  69. 

Time  and  manner  of  claiming. 
In  re  McClintock,  13  Am.  B.  R.  606. 

Seedig  v.  First  Nat.  Bank  of  Clifton  (Tex.  Ct.  Civ.  App.).  33  Am.  H.  R.  00. 
An  extension  of  time  for  filing  schedules  extends   bankrupt's  time   fur   claiming,' 
exemptions. 

In  re  O'Hara  (D.  C.  Pa.),  20  Am.  B.  R.  714;  162  Fed.  325. 

Amending  schedules  so  as  to  benefit  particular  creditor  not  permitted. 

In  re  Merry,  29  Am.  B.  R.  829;  201  Fed.  369. 

Property  set  apart  as  exempt  forms  no  part  of  estate  in  bankruptcy. 

Lockwood  V.  Exchange  Bank,  10  Am.  B.  R.   107;    190  U.  S.  294;   47  L.  Ed.  1001. 

In  re  Brumbaugh,  12  Am.  B.  R.  204;  128  Fed.  971.  Jewett  v.  Huffman,  13  Am. 
B.  R.  738. 

In  re  Bender  (D.  C.  0.),  17  Am.  B.  R.  895.     McKenny  v.  Cheny,  11  Am.  B.  R.  54. 

In  re  Hill,  2  Am.  B.  R.  798;  96  Fed.  185. 

In  re  Yeager  (D.  C.  Pa.),  25  Am.  B.  R.  51 ;  182  Fed.  951. 

In  re  Rising,  27  Am.  B.  R.  519. 

In  re  MacKissac,  22  Am.  B.  R.  817;  171  Fed.  279. 

Gregory  Co.  v.  Bristol  (In  re  Cale)  (C.  C.  A.  8th  Cir.),  26  Am.  B.  R.  038 ;  101  Fed. 
31;  111  C.  C.  A.  89. 

A  trustee  may  not  recover,  as  a  preference,  exempt  iiroperty  or  the  proceeds 
thereof,  transferred  by  the  bankrupt  within  the  four  months  period. 

Vitzthum  v.  Large  (D.  C.  la.),  20  Am.  B.  R.  666;  162  Fed.  685 

Application  of  Sec.  67-f. 

Provisions  of  See.  67-f  do  not  defeat  rights  in  exempt  property  acquired  by  contract 
or  waiver  and  these  may  be  enforced  or  foreclosed  by  judgments  obtained  after  petition 
in  bankruptcy  was  filed. 

C.  B.  and  0.  R.  R.  Co.  v.  Hall  (U.  S.  Sup.),  30  Am.  B.  R.  619;  220  V.  R.  511  ;  57  L. 
Ed.  1306;  aff'g  Hall  v.  C,  B.  and  Q.  R.  R.  Co.,  25  Am.  B.  R.  53;  88  Xeb.  20. 

In  re  Forbes  (C.  C.  A.  9th  Cir.),  26  Am.  R.  B.  355;  186  Fed.  79. 

Contra.     Jewett  Bros.  v.  Huffman,  13  Am.  B.  R.  738. 

Compare  In  re  Downing,  15  Am.  B.  R.  423;   148  Fed.  120. 

In  re  Snvder,  32  Am.  B.  R.  500;  216  Fed.  989. 


188  FORMS  IN  BANKEUPTCY. 

Court  of  bankruptcy  has  jurisdiction  to  determine  the  merits  of  a  bankru];fs  claim 
to  exemptions. 

In  re  Castleberry,  16  Am.  B.  R,  159;  143  Fed.  1018.  In  re  Camp,  1  Am.  B.  R.  165; 
91  Fed.  745. 

In  re  Hatch,  4  Am.  B.  R.  349;  102  Fed.  280. 

Ingram  v.  Wilson,  11  Am.  B.  R.  192;  125  Fed.  913. 

In  re  Lucius,  10  Am,  B.  R.  653;  124  Fed.  455  and  cases  cited.  McGahan  v.  Anderson. 
(C.  C.  A.  4th  Cir.),  7  Am.  B.  R.  641;  113  Fed.  115;  51  C.  C.  A.  92. 

In  re  Mackissic,  22  Am.  B.  R.  817;  171  Fed.  259. 

In  re  Remmerde,  30  Am.  B.  R.  701 ;  206  Fed.  822. 

Enforcement  of  order. 

In  re  Hartsell,  15  Am.  B.  R.  177;  140  Fed.  30.    In  re  Castleberry  (supra). 

Liability  of  exempt  property  for  costs  and  fees. 

In  re  Castleberry  (supra). 

In  re  Bean  (supra). 

In  re  Hines  (D.  C.  W.  Va.),  9  Am.  B.  R.  27;  117  Fed.  790. 

As  affecting  stay  of  discharge. 

In  re  Mitchell,  23  Am.  B.  R.  707;  175  Fed.  877. 

Effect  of  concealment  of  assets. 

Bankrupt  forfeits. 

In  re  Schafer  (D.  C.  Pa.),  18  Am.  B.  R.  361;  151  Fed.  505. 

In  re  Ansley  Bros.  (D.  C.  N.  Car.),  18  Am.  B.  R.  457;   153  Fed.  983. 

In  re  Alex  (D.  C.  Pa.),  15  Am.  B.  R.  450;  141  Fed.  483. 

In  re  Leverton  (D.  C.  Pa.),  19  Am.  B.  R.  426;  155  Fed.  925. 

In  re  Taylor  (D.  C.  Colo.),  7  Am.  B.  R.  410;  114  Fed.  607. 

In  re  Yost  (D.  C.  Pa.),  9  Am.  B.  R.  153;  117  Fed.  792. 

In  re  Evans  (D.  C.  N.  Car.),  8  Am.  B.  R.  730;  116  Fed.  909. 

In  re  Denson,  28  Am.  B.  R.  162;  195  Fed.  857.  , 

In  re  Cochran  (D.  C.  Ga.),  26  Am.  B.  R.  459;  185  Fed.  913. 

In  re  Gerber  (C.  C.  A.  9th  Cir.),  26  Am.  B.  R.  608;   186  Fed.  693;  108  C.  C.  A.  511. 

Contra.    In  re  Park  (D.  C.  Ark.),  4  Am.  B.  R.  432;  102  Fed.  602. 

In  re  Rothschild  (D.  C.  Ga.),  6  Am.  B.  R.  43. 

Xot  allowed  out  of  voidable  preference  surrendered  or  recovered. 

In  re  Wishnefsky  (D.  C.  N.  J.),  24  Am.  B.  R.  798:  181  Fed.  896. 

Right  to  exemptions  in  property  purchased  with  intent  of  not  paying  therefor. 

In  re  Hammond,  28  Am.  B.  R.  811. 

Denied  because  of  false  statement  to  agency. 

In  re  Peacock  (D.  C.  Ga.),  30  Am.  B.  R.  179;  203  Fed.  191. 

In  re  Dobbs,  22  Am.  B.  R.  801;  175  Fed.  319. 

Practic.e  on  exemptions. 

Schedule  of  exemptions. 

In  re  McClintock,  13  Am.  B.  R.  607. 

Lipman  v.  Stein  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  30;  134  Fed.  235;  67  C.  C.  A.  17; 
afT'g  12  Am.  B.  R.  384.  Burke  v.  Guarantee  Title  &.  Trust  Co.  (C.  C.  A.  3rd  Cir.),  14 
Am    B.  R.  31;  134  Fed.  562;  67  C.  C.  A.  486. 

In  re  Groves  (D.  C.  O.),  6  Am.  B.  R.  728. 

In  re  Luby,  18  Am.  B.  R.  801;  155  Fed.  659. 

In  re  J.  E.  Maynard  &  Co.  (D.  C.  Ga.),  25  Am.  B.  R.  732;  183  Fed.  823. 

Claim  in  alternative. 

In  re  Kelly,  28  Am.  B.  R.  730;  199  Fed.  984. 

Petition  of  bankrupt  for  payment  of  exemptions  in  cash. 


FORMS  IN  BANKRUPTCY.  189 

In  re  Andrews  &  Simonds   (D.  C.  Mich.),  27  Am.  R.  K.   IIG;   193  Fed.  776. 
Amendment  of  bankrupt's  sc-hedule  as  to  exemptions  permitted. 
In  re  White,  II  Am.  B.  R.  556;   128  Fed.  513. 
In  re  Duffy,  9  Am.  B.  R.  358;  118  Fed.  926. 
In  re  Fisher  (D.  C.  Va.),  15  Am.  B.  R.  652;  142  Fed.  205. 

Goodman  v.  Curtis  (C.  C.  A.  5th  Cir.),  23  Am.  B.  R.  504;  174  Fed.  644;  98  C.  C.  A. 
398. 

In  re  Mdxson  (D.  C.  la.),  22  Am.  B.  R.  424;  170  Fed.  356. 

Must  be  seasonably  made. 

In  re  Von  Kern  (D.  C.  Pa.),  14  Am.  B.  R.  403;   135  Fed.  447. 

In  re  Nunn   (D.  C.  Ga.),  2  Am.  B.  R.  664. 

In  re  Sharr,  15  Am.  B.  R.  491. 

In  re  Neal  (D.  C.  O.),  14  Am.  B.  R.  550. 

In  re  Wilson,  6  Am.  B.  R.  287;  108  Fed.  197. 

In  re  ^^■hite  (supra). 

Trustee's  rights  and  duties  as  to  exemptions. 

In  re  Friedrich,  3  Am.  B.  R.  801;  100  Fed.  284. 

In  re  Manning  (D.  C  Pa.),  7  Am.  B.  R.  571;  112  Fed.  948. 

In  re  Reese,  8  Am.  B.  R.  411;  115  Fed.  993. 

In  re  Groves,  6  Am.  B.  R.  728. 

In  re  Brown,  4  Am.  B.  R.  46;   100  Fed.  441. 

In  re  Campbell  (D.  C.  Va.),  10  Am.  B.  R.  723;   124  Fed.  417. 

In  re  Ellis,  10  Am.  B.  R.  754. 

In  re  Soper  (D.  C.  Neb.),  22  Am.  B.  R.  868;  173  Fed.  116. 

In  re  Finklestein  (D.  C.  Pa.),  27  Am.  B.  R.  229;  192  Fed.  738. 

Duty  of  trustee  to  set  apart  when  State  law  permits  exemptions  in  partnership 
property. 

In  re  Andrews  and  Simonds  (D.  C.  Mich.),  27  Am.  B.  R.  IIG;  103  Fi-d.  776. 

Should  report  within  20  days  after  appointment. 

In  re  MeClintock  (D.  C.  0.),  13  Am.  B.  R.  606. 

On  exceptions  by  trustee  to  bankrupts'  exemptions,  testimony  of  witnesses  other 
than  the  bankrupt  not  admissible. 

In  re  Siskind,  32  Am.  B.  R.  69. 

No  notice  to  creditors  required  upon  hearing  on  objections  to  trustee's  report. 

Sheridan  State  Bank  v.  Rowell,  32  Am.  B.  R.  747;  212  Fed.  529. 

Creditor  may  except  to  report. 

In  re  Wliite,  4  Am.  B.  R.  613;   103  Fed.  774. 

In  re  Campbell  (D.  C.  Va.),  (supra). 

Exceptions  filed  more  than  20  days  after  the  filing  of  trustee's  report  on  exemp- 
tions are  too  late. 

In  re  Amos  (D.  C.  Ga.),  19  Am.  B.  R.  804. 

See,  as  to  adding  new  grounds  of  objection  after  20  days. 

In  re  Cotton  &  Preston  (D.  C.  Ga.),  23  Am.  15.  R.  586;  and  s.  c,  25  Am.  B.  U.  532; 
183  Fed.  100. 

Bankruiit  also  may  except  to  trustee's  report. 

In  re  Ellis  (D.  C.  O.),  (supra). 

No  ,iury  trial  of  question  under  Sec.  19. 

In  re  Tliedford,  27  Am.  B.  R.  3.")  4  and  cases  cited. 

Notes  containing  waiver. 

Personal  to  creditor  favored. 

In  re  Black,  4  Am.  B.  R.  776;  104  Fed.  28. 

In  re  Tune,  8  Am.  B.  R.  285;  115  Fed.  906. 

Zumpfe  V.  Schultz,  20  Am.  B.  R.  916;  35  Pa.  Super.  Ct.  106. 


190  FOEMS  IX  BAXKEUPTCY. 

In  re  Meredith  (D.  C.  Ga.),  16  Am.  B.  R.  331;  144  Fed.  230. 

Bankrupt's  right  to,  not  aflFected  by  fact  that  he  had  given  notes  containing  a 
waiver  thereof. 

In  re  Goodman  (Goodman  v.  Curtis),  23  Am.  B.  R.  504;  174  Fed.  C44;  98  G.  C.  A. 
398. 

In  re  Loden  (D.  C.  Ga.),  25  Am,  B.  R.  917;  184  Fed.  905. 

Partnership  Assets. 

In  South  Dakota  no  right  of  e.xemption  in  partnership  assets. 

In  re  Novak  (D.  C.  S.  Dak.),  18  Am.  B.  R.  236;  150  Fed.  602.  In  re  Abrams.  .34 
Am.  B.  R.  552. 

In  re  I.  S.  Vickerman  &  Co.  (D.  C.  S.  Dak.),  29  Am.  B.  R.  298;   199  Fed.  589. 

So  in  New  Jersey,  Maryland,  Pennsylvania,  Oklahoma  and  Arkansas.  In  re  Prince 
&  Walter  (D.  C.  Pa.),  12  Am.  B.  R.  675;  131  Fed.  546;  In  re  Demarest  (D.  C.  N.  J.),  6 
Am.  B.  R.  232;  110  Fed.  638.     In  re  Rushmore,  24  Am.  B.  R.  55. 

In  Washington.     In  re  Phillips,  31  Am.  B.  R.  597;  209  Fed.  490. 

In  re  Scheier,  26  Am.  B.  R.  739;  188  Fed.  744. 

Jennings  v.  Wm.  A.  Stannus  &  Son  (C.  C.  A.  9th  Cir.),  27  Am.  B.  R.  384,  386;  191 
Fed.  347;  112  C.  C.  A.  91. 

In  re  Beauchamp  (D.  C.  Md.),  4  Am.  B.  R.  151;  101  Fed.  106. 

In  re  Golden  Rule  Mercantile  Co.  (D.  C.  Okla.),  21  Am.  B.  R.  397. 

North  Carolina  rule. 

In  re  J.  M.  Monroe  &  Co.   (D.  C.  N.  Car.),  19  Am.  B.  R.  255;  156  Fed.  216. 

In  re  Fowler  &  Co.  (D.  C.  N.  Car.),  16  Am.  B.  R.  580;   145  Fed.  270. 

In  re  Gartner  Hancock  Lumber  Co.,  22  Am.  B.  R.  898;  173  Fed.  153. 

Georgia  rule. 

In  re  Rutland  (irocery  Co.,  26  Am.  B.  R.  942;  189  Fed.  765. 

In  re  Camp,  1  Am.  B.  R.  165;  91  Fed.  745. 

Michigan  rule. 

In  re  Andrews  &  Simonds,  27  Am.  B.  R.  116;  193  Fed.  776. 

Mississippi  rule. 

In  re  H.  W.  Bundy  &  Co.,  33  Am.  B.  R.  289;  218  Fed.  711. 

Payment  from  assets  of  dissolved  partnership. 

In  re  Kolber  (D.  C.  Pa.),  27  Am.  B.  R.  414. 

In  re  Rudnick  (D.  C.  Wash.),  4  Am.  B.  R.  531;  102  Fed.  750. 

As  affected  by  kind  of  property  claimed. 

Capes  very  numerous  and  differ  largely  in  the  various  states;  wearing  apparel, 
implements  of  trade,  houseliold  furniture  to  limited  amount  are  exempt  in  most  states. 

Page  v.  Edmunds,  9  Am.  B.  R.  277;  187  U.  S.  596;  47  L.  Ed.  318. 

In  re  Herbold,  14  Am.  B.  R.  116. 

(Wearing  apparel).  In  re  Stokes  (D.  C.  N.  Y.),  4  Am.  B.  R.  5C0. 

In  re  Leech  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  599;  171  Fed.  622;  96  C.  C.  A.  424. 

As  to  crops,  see. 

In  re  Sullivan  (la.)  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  578;  148  Fed.  815;  78  C.  C.  A. 
505;  affg  16  Am.  B.  R.  87;  142  Fed.  620. 

Olnisted-Stevenson  Co.  v.  Miller   (C.  C  A.  9th  Cir.)   36  Am.  B.  R.  816. 

Pension  money. 

In  re  Bean,  4  Am.  B.  R.  53,  100  Fed.  262. 

In  re  Stout,  6  Am.  B.  R.  505;  109  Fed.  794. 

In  re  Ellithorpe.  7  Am.  B.  R.  18;   111  Fed.  163. 

Insurance  policies. 

In  re  Phelps  (D.  C.  N.  Y.),  15  Am.  B.  R.  170. 

In  re  Scheld  (C.  C.  A.  9th  Cir.),  5  Am.  B.  R.  102;  104  Fed.  870:  44  C.  C.  A.  233. 

Steele  v.  Buel  (C.  C.  A.  8th  Cir.),  5  Am.  B.  R.  105;  104  Fed.  968;  44  C.  C  A.  287. 


FORMS  IN  BANKRUPTCY.  191 

In  re  White  (C.  C.  A.  2ncl  Cir.),  23  Am.  B.  K.  <J0;   174  P\-d.  333:  98  C.  C.  A.  205. 
(Rodman  v.  Curtis  (C.  C.  A.  5th  Cir.),  23  Am.  B.  11.  504;  174  Fed.  G44;  98  C.  C.  A. 

398. 

Homesteads. 

in  re  Rliodes.  6  Am.  B.  R.  173. 

In  re  Tollett,  5  Am.  B.  R.  404;  106  Fed.  866. 

in  re  Buelow,  3  Am.  B.  R.  389;  98  Fed.  86. 

in  re  (Jibb?,  4  Am.  B.  R.  619;   103  Fed.  782. 

Jn  re  Paramore  &  Kicks   (D.  C.  N.  Car.),  19  Am.  B.  R.  126;   156  Fed.  208. 

In  re  Fisher  (D.  C.  Va.),  15  Am.  B.  R.  652;  142  Fed.  205. 

In  re  Barrett  (D.  C.  Ore.),  16  Am.  B.  R.  46. 

Cowan  V.  BurchHeld  (D.  C.  Ala.),  25  Am.  B.  R.  293;   180  Fed.  614. 

Newberry  Shoe  Co.  v.  Collier,  25  Am.  B.  R.  130. 

When  jjurehase  price  of  homestead  is  unpaid. 

In  re  Xunemaker  (D.  C.  0.),  30  Am.  B.  K.  697;  208  Fed.  491. 

Brandt,  Trustee  v.  Mayliew  (C.  C.  A.  9th  Cir.),  33  Am.  B.  R.  845;  218  Fed.  422;  134 
C.  C  .  A.  210. 

In  re  Anderson  (D.  C.  Ga.),  35  Am.  B.  R.  487;  224  Fed.  790. 

in  re  Youngstrom  (C.  C  A.  8tli  Cir.),  18  Am.  B.  R.  572;  153  Fed.  98;  82  C.  C.  A. 
232. 

In  re  Jeffers   (D.  C.  Ga.),  17  Am.  B.  R.  368. 

in  re  Sale  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  235:   143  Fed.  310:  74  C.  C.  A.  448. 

In  re  Letson  (Okla.)  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  506;  157  Fed.  78;  84  C.  C.  A. 
.'382. 

Sullivan  et  al.  v.  Mussey  (C.  C.  A.  5th  Cir.).  25  Am.  B.  R.  781;  184  Fed.  60;  107 
C.  (  .  A.  78;  aff"g  In  re  Mussey  (D.  C.  Tex.),  25  Am.  B.  R.  91;  179  Fed.  1007. 

Homestead  in  hotel  building  iindeT  Washington  statute. 

In  re  Robison,  33  Am.  B.  R.  27:  215  Fed.  662. 

Care  and  protection  of  dependent  female.      (Law  of  Georgia). 

In  re  Glisson.  25  Am.  B.  R.  911;   182  Fed.  287. 

When  a  judgment  recovered  against  a  bankrupt  is  a  valid  lien  upon  part  of  a  home- 
Kti  ad  set  apart  as  e.vempt,  the  subsequent  discharge  of  the  bankrupt  does  not  annul  or 
extinguish  the  judgment  except  so  far  as  it  imposes  a  personal  liability  upon  the 
bankrupt. 

(iregory  Co.  v.  Cale  (Minn.  Sup.  Ct.),  27  Am.  B.  R.  131. 

Transfer  of  homestead  by  debtor  to  a  creditor  may  not  be  avoided  by  his  trustee 
in  bankruptcy  since  homestead  being  exempt  would  not  have  passed  to  trustee. 

Huntington,  Trustee  v.  Baskerville  (C.  C.  A.  8th  Cir.),  27  Am.  B.  R.  219:  192  Fed. 
813:  113  C.  C.  A.  137. 

Loekwood  v.  Exchange  Bank,  10  Am.  B.  R.  107;  190  U.  S.  294  and  cases  cited;  47 
L.  Ed.  1061. 


193  FOEMS  IN  BAXKHUPTCY. 

FORM  No.  113. 

CERTIFICATE  OF  FALSITY  OF  PAUPER  AFFIDAVIT. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl-rnpt. 


I    Xo, 


I, ,  referee  in  Itankruptcy  in  charge  of  the  above  entitled 

proceeding,  do  hereljy  certify ; 

That  I  have  reason  to  l)elieve  that  the  pauper  affidavit  filed  herein  by  the 
above  named  bankrupt,  as  provided  in  Sec.  51-a  (2)  of  the  bankruptcy  law  of 

1898,  is  false ;  and  I  do,  therefore,  set  the day  of , 

19 . .  . ,  at  ....  M.,  as  the  time,  and ,  in  the of ,  in 

said  district,  as  the  place,  when  said  bankrupt  shall  be  examined  as  to  the 
truth  of  such  affidavit. 

Dated ,19... 


Hpferep  in  Bankrupfcj/. 
To ,  l)ankrupt : 

You  are  hereby  ordered  to  appear  liefore  the  undersigned,  for  examination, 
at  the  time  and  place  specified  in  the  above  certificate. 

Dated ,19... 


Eeferee  in  Banl-ruptcy. 


NOTES. 


Petition  in  forma  pauperis.     Sec.  51-a,  (2). 
General  order  XXXV,  (4). 

Aflidavit.     In  re  Levy,  4  Am.  B.  R.  108;  101  Fed.  247. 

Sellers  V.  Boll  (C.  C.  A.  5th  Cir.),  2  Am.  B.  R.  529;  04  Fed.  801 ;  ,30  C.  C.  A.  .502. 
Xo  law  or  rule  autliorizin^'  referee  to  require  bankrupt  to  pay  the  statutory  feea 
before  he  is  {ji^'^n  '''^  disoharfre. 

In  fe  Plimpton,  4  Am.  B.  R.  614;  103  Fed.  775. 


FORMS  IN  BANKRUPTCY. 


193 


FORM  No.  114. 

ORDER  THAT  TRUSTEE  TRANSFER  COPYRIGHT. 

United  States  District  Court, 

for  the District  of : 

lu  Bankruptcy. 


In   the   i\lATTER 
OF 


Banlriipt. 


Upon  reading  and  filing  the  petition  of ,  verified  the day 

of lU.  .  .,  the  notice  of  motion  herein  with  proof  of  due  service 

thereof  upon ,  as  trustee  in  bankruptcy  of the 

above  named  bankrupt,  and  the  affidavit  of  the  said  trustee  duly  verified, 

wherel)y  it  appears  that  the  copyright  of  the  l)Ook was  registered 

in  the  name  of ,  the  bankrupt  herein,  Init  that  the  title  thereto 

by  the  terms  of  the  contract,  is  now  vested  in  the  said ,  the 

author  of  said  ])ook. 

Now,  on  motion  of ,  attorney  for ,  and  there  being 

no  opposition  thereto,  it  is 

Ordered,  that ,  as  trustee  aforesaid,  be  and  he  hereby  is 

authorized    and    directed    to    assign,    transfer    and    set    over    unto    the   said 

,  all  his  right,  title  and  ir.terest  in  and  to  the  copyright  of  said 

book  entitled 

Dated ,  19... 

• » 

Iieferee. 


194 


FORMS  IX  BAMviiLPTCV. 


FORM  No.  115. 

PETITION  FOR  MEETING   OF   CREDITORS   TO   CONSIDER   PROPOSED 

COMPROMISE. 

riiiteil  states  District  Court, 

lor  the  . District  of : 

ill  Bankruptcy. 


Ix  THE  Matteu 

OF 


Banlriipl. 


V    Xo. 


To ,  Esq.,  Beferee  in  Bankruptcy. 

Tlie  petition  of respectfully  shows : 

1.  That  your  petitioner  is  the  trustee  herein,  duly  qualified  and  acting. 

2.  That  among  the  assets  coming  into  the  hands  of  your  petitioner  is  a 
certain  claim  consisting  of : 

against of That  your  petitioner  has 

made  efforts  to  collect  said  claim,  has  presented  same  and  demanded  payment 
thereof.  That  ])ayment  was  refused  by  the  said on  the  follow- 
ing grounds,  to  wit: 


3.     That  after  considerable  negotiation,  your  petitioner  has  succeeded  in 

obtaining  an  offer  of  $ from  said in  full  settlement  of  your 

petitioner's  claim  against  him.  That  your  petitioner  has  fully  investigated  the 
claim,  and  verily  believes  that  it  is  to  the  best  interests  of  this  estate  to  accept 
the  amount  offered,  and  petitioner  recommends  a  compromise  of  the  claim 
upon  the  terms  offered. 

Wherefore,  your  petitioner  prays  that  a  meeting  of  creditors  be  called  upon 
ten  days'  notice,  to  consider  a  proposed  compromise  of  the  controversy  of  the 
claim  against 


Petitioner. 


[Verification.] 


FORMS  IN  BANKRUPTCY. 


195 


NOTES. 
Compromise  of  controversy.     Sec.  27. 
Cross-references,  Sees.  2,  (7),  26,  58-a,  (7),  b,  c. 
General  orders  XXVIII,  XXXII. 
Subject  matter  of  controversy  and  reasons  lor  compromise  should  be  clearly  set 


forth. 


In  re  Phelphs,  3  Am.  B.  E.  31)G. 

Compromise  must  be  with  tiie  approval  of  the  court. 

Action  of  creditors  thereon  not  linal. 

in  re  Heyman,  5  Am.  B.  E.  808;   104  Fed.  G77. 

When  disapproved. 

Riley  v.  Pope,  26  Am.  B.  R.  618;  186  Fed.  857. 

May  not  compromise  and  settle  suit  to  the  prejudice  of  attorney's  lien  for  services. 

In  re  Adamo  (D.  C.  N.  Y.),  18  Am.  B.  R.  180;   151  Fed.  716. 

Bankrupt  may  not  enjoin  trustee  from  effecting  a  compromise. 

In  re  Kranich,  23  Am.  B.  E.  550;  174  Fed.  908. 


FORM  No.  116. 

NOTICE   TO   CREDITORS   OF   SPECIAL,   MEETING. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl-rnpf. 


.    Xo. 


To  the  creditors  of of ,  in  the  county  of , 

and  district  aforesaid,  a  })aiikrnpt: 

Notice  is  hereby  given  that  on  the dav  of ,  10 . .  . 

at o'clock,  .  .  M.,  there  will  be  a  meeting  of  the  creditors  of  the  said 

bankrupt,  at ,  in  the of ,  in  said  district 

for  the  following  purposes; 

[Here  set  forth  brief  statement  of  object  of  meeting  as  for  example,  "  To 
consider  a  proposed  compromise  of  a  controversy  between  the  trustee  herein 
and   concerning on  the  following  terms :  '*] 

To  transact  such  other  business  as  may  properly  come  before  said  meeting. 

Dated   ,  19... 


Referee  in  Bankrupicy. 


196 


FOiniS  IN  BANKKUPTCY. 


FORM  No.  117. 

ORDER  AUTHORIZING  COMPROMISE. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


Upon  reading  and  filing  the  petition  of ,  trustee  herein,  duly 

verified,  praying  for  authority  to  compromise  a  controversy  with 

and  all  the  proceedings  heretofore  had  herein,  and  a  meeting  of  creditors 
having  been  duly  held  before  the  referee  herein  on  ten  days'  notice,  to  consider 

the  proposed  compromise  of  the  controversy  with  the  said ,  and 

no  objections  having  been  filed  and  no  one  having  appeared  in  opposition 
thereto, 

Xow,  on  motion  of ,  attorney  for  the  said  trustee,  it  is 

Ordered,  that ,  the  trustee  herein,  be  and  he  hereby  is  authorized 

to  settle  and  compromise  the  controversy  with of  the 

City  of ,  for  the  sum  of  $ ,  and  the  said  trustee 

is  authorized  to  execute  the  necessary  papers  to  carry  out  said  compromise. 

Dated  ,  19... 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY.  197 

FORM  No.  118. 

PETITION  FOR  MEETING  OF  CREDITORS  TO  INDEMNIFY  TRUSTEE. 

United  States  District  Court, 

ior  the District  of : 

In  Bankruptcy. 


In   the  ]\rATTER 
OF 


Bankrupt. 


To ,  Esq.,  Referee  in  Bankruptcy. 

The  petition  of respectfully  shows  to  the  court : 

1.  That  your  petitioner  is  the  trustee  in  bankruptcy  in  the  above  entitled 

proceeding,  having  been  duly  appointed  such  trustee  on  the   day  of 

,  19. .  .,  and  having  thereafter  duly  qualified  by  filing  the 

required  bond,  and  is  now  acting  as  such  trustee. 

2.  That  your  petitioner,  through  his  attorney,  conducted  an  examination 
of  the  bankrupt  and  his  wife,  and  based  upon  the  testimony  adduced  at  such 

examination,  brought  an  action  in  the court, County, 

for  the  purpose  of  setting  aside  certain  preferential  transfers.     That  your 
petitioner  was  also  substituted  as  party-plaintiff  in  an  action  pending  in  the 

Supreme  Court, County  against : 

said  action  being  for  an  accounting  wdth  reference  to  the  partnership  hereto- 
fore existing  between  the  said and  the  bankrupt  herein.    That 

your  petitioner  has  been  ordered  by  the  court  in  this  proceeding  to  file  security 
for  costs,  and  cannot  proceed  with  said  riction  until  same  has  been  filed. 

3.  Your  petitioner  has  no  cash  nor  assets,  other  than  said  claim,  in  his 
hands,  and  feels  that  he  should  be  indemnified  both  as  to  such  security  already 
demanded  and  for  his  costs  and  expenses  in  carrying  on  this  litigation,  and 
your  petitioner  believes  and  has  been   advised  by  counsel  that  the  sum   of 

$ ,  which  should  be  furnished  before  requiring  petitioner  to  proceed 

further  with  the  litigation,  would  be  a  just  and  equitable  indemnity. 

AVherefore,  your  petitioner  prays  that  a  meeting  of  creditors  be  called  herein 
and  that  said  creditors  be  cited  to  show  cause  why  they  should  not  furnish 
proper  indemnity  to  the  trustee,  or  whv  your  petitioner  should  not  be  per- 
mitted to  discontinue  the  aforesaid  actions  in  the  event  of  the  creditors  failing 
to  indemnify  him  in  the  amount  above  set  forth. 


Petitioner. 

[Verification.] 


198  FOKMS  IX  BAXKRUPTCY, 


FORM  No.  119. 

PETITION  THAT  BANKRUPT  TURN  OVER  CONCEALED   ASSETS  UPON 

SUMMARY  ORDER. 


United  States  District  Court. 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlrupt. 


'    No. 


To ,  Esq.,  Eeferee  in  Bankruptcy. 

The  petition  of ,  respectfully  shows : 

1.  That  he  is  the  trustee  herein  duly  qualified  and  acting. 

2.  Petitioner  respectfully  alleges  that  through  his  attorney,  he  has 
examined  the  bankrupt  and  other  witnesses  in  this  proceeding  and  thoroughly 
investigated  the  books  of  the  bankrupt  and  the  circumstances  connected  with 
this  bankruptcy. 

3.  Petitioner  alleges,  upon  information  and  lielief,  that the 

said  bankrupt  has  in  his  possession  or  under  his  control  the  following  property 
belonging  to  his  said  estate  in  bankruptcy : 


That  the  said  bankrupt  is  fraudulently  concealing  same  from  your  petitioner 
as  trustee. 

4.  That  said  property  so  concealed  amounts  in  value  to  at  least  $ 

5.  That  the  sources  of  petitioner's  knowledge  and  the  grounds  of  his  belief 
as  to  this  property  are  as  follows: 

[Here  specify  fully.] 


f).     Xo  previous  application  has  been  made  for  an  order  herein. 
Wherefore,  your  petitioner  prays  for  an  order  directing  the  bankrupt  to 
turn  over  and  deliver  forthwith  to  your  petitioner,  all  of  such  property  or 
moneys  so  concealed,  and  for  such  other  and  further  relief  as  may  be  just 
and  proper. 

•  •••••••••••••••... J 

Petitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY.  l!)y 

NOTES. 

"Turn  over"  motions. —  Jurisdiction. 

An  order  requiring  a  bankrupt  to  surrender  assets  in  his  possession  or  control  i.s 
not  an  order  for  payment  of  a  debt. 

Samel  v.  Dodd  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  16.3;   142  Fed.  68;  73  C.  C.  A.  254. 

In  re  Epstein  (D.  C.  Pa.),  15  Am.  B.  R.  711. 

In  re  Schlesinger  (D.  C.  N.  Y.),  3  Am.  B.  R.  342;  97  Fed.  930. 

In  re  Gerstel  (D.  C.  111.),  10  Am.  B.  R.  411;   123  Fed.  166. 

In  re  McCormick  (D.  C.  N.  Y.),  3  Am.  B.  R.  340;  97  Fed.  566. 

Jurisdiction  of  referee. 

In  re  Logan  (D.  C.  X.  Y.),  28  Am.  B.  R.  543;   196  Fed.  678. 

When  bankrupt  is  not  informed  that  order  is  sou»ht. 

In  re  Atwater  (D.  C.  N.  Y.),  36  Am.  B.  R.  109;  227  Fed.  511. 

In  re  Rosser  (C.  C.  A.  8th  Cir.),  4  Am.  B.  R.  153;  101  Fed.  562;  41  C.  C.  A.  497. 

What  does  not  constitute  a  waiver  of  jurisdiction. 

In  re  Bacon  (C.  C.  A.  2nd  Cir.),  31  Am.  B.  R.  777;  210  Fed.  129;  126  C.  C.  A.  643; 
aff'g  s.  c  28  Am.  B.  R.  565. 

No  extra-territorial  jurisdiction. 

In  re  Geller  (D.  C.  X.  Y.),  32  Am.  B.  R.  629;  216  Fed.  558. 

In  re  Rathfon  Bros.   (D.  C.  Mich.),  29  Am.  B.  R.  22;  200  Fed.  108. 

Robertson  v.  Howard  (U.  S.  Sup.),  30  Am.  B.  R.  611;  229  U.  S.  2.54;  57  L.  Ed.  1174- 

In  re  Boston-Cerrilos  Mines  Corp.   (D.  C.  X.  M.),  30  Am.  B.  R.  739;  206  Fed.  794. 

In  re  Heintz  (C.  C.  A.  6th  Cir.),  29  Am.  B.  R.  19;  201  Fed.  338;   119  C.  C.  A.  576. 

Bankrupt's  denial  of  possession  of  the  property  not  conclusive. 
In  re  Schachter,  9  Am.  B.  R.  497;  119  Fed.  1010. 
In  re  Frankfort   ( infra ) . 

Recent  possession  of  property. 

(rood  V.  Ivane  iC.  C.  A.  8th  Cir.),  32  Am.  B.  R.  19;  211  Fed.  9.56;  128  C.  C.  A.  4.i4. 
Kirsner  v.  Taliaferro  (C.  C.  A.  4th  Cir.),  29  Am.  B.  R.  832;  202  Fed.  51;  120  C.  C. 
A.  305. 

In  re  Ricciardelli  (D.  C.  X.  J.),  35  Am.  B.  R.  35;  224  Fed.  638. 

In  re  Dixon  (D.  C.  Mass.),  35  Am.  B.  R.  482;  224  Fed.  624. 

In  re  Silverman,  30  Am.  B.  R.  798;  206  Fed.  960. 

WTien  evidence  sufficient  to  warrant  order. 

In  re  Averick  (D.  C.  Pa.),  22  Am.  B.  R.  518;   170  Fed.  521. 

In  re  Adler  (D.  C.  Okla.),  21  Am.  B.  R.  371;  170  Fed.  6.34. 

In  re  Reese  (D.  C.  Pa.),  22  Am.  B.  R.  521 ;  170  Fed.  986. 

Effect  of  financial  statement. 

In  re  Belluscio  (D.  C.  X.  Y.),  25  Am.  B.  R.  660. 

Practice. 

Application  usually  by  trustee's  petition  to  referee  direct;  may  be  made  to  judge 
and  referred  to  a  special  master. 

In  re  Herskowitz  (D.  C.  X.  Y.),  18  Am.  B.  R.  247;  1.V2  F.d.  316. 

In  re  Rothschild,  5  Am.  B.  R.  587. 

Petition  should  contain  definite  allegations  so  that  bankrupt  may  know  what  he 
18  called  upon  to  deliver  or  "  turn  over." 

In  re  Greer,  26  Am.  B.  R.  811 ;  189  Fed.  511. 

Use  of  a  demurrer  not  proper  practice. 

In  re  Snelling  (D.  C.  Mass.),  29  Am.  B.  R.  817:  202  Fed.  2.58. 


200  rOEMS  IN  BANKRUPTCY. 

See,  In  re  Mullen,  4  Am.  B.  K.  224;  101  Fed.  413. 
In  re  Berkman,  201  Fed.  180. 

A  distinct  issue  should  be  made  by  petition  and  answer. 
In  re  Lasch,  12  Am.  B.  R.  158. 
In  re  Pearson,  2  Am.  B.  R.  819. 
In  re  Friedman,  1  Am.  B.  R.  510. 

\Miere  petition  is  indeJinite  or  uncertain  in  its  averments  the  referee  does  not  lose 

jurisdiction,  but  a  motion  that  it  be  made  more  definite  and  certain  is  proper  remedy. 

In  re  Frank  (C.  C.  A.  Sth  tir.),  25  Am.  B.  R.  486;  182  Fed.  794;  105  C.  C.  A.  226. 

Degree  of  proof  required,  "  Beyond  reasonable  doubt." 
In  re  Frankfort  (D.  C.  X.  Y.),  15  Am.  B.  R.  210;   144  Fed.  721. 
In  re  Weinreb  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  702;  146  Fed.  243;  76  C.  €.  A.  609. 
In  re  Alphin  and  Lake  Cotton  Co.,  14  Am.  B.  R.  194;  134  Fed.  477. 
In  re  Leinweber  (D.  C.  Conn.),  12  Am.  B.  R.  175;  128  Fed.  641. 
In  re  Feldser  (D.  C.  Pa.),  14  Am.  B.  R.  216;  134  Fed.  307. 
In  re  Gerstel  (supra).     In  re  Adler,  12  Am.  B.  R.  19;   129  Fed.  902. 
In  re  Kane,  10  Am.  B.  R.  478;  125  Fed.  984. 

In  re  Felson,  10  Am.  B.  R.  716;  124  Fed.  288.  In  re  Mize,  22  Am.  B.  R.  577;  172 
Fed.  945. 

Court  must  be  satisfied  of  bankrupt's  present  ability  to  comply. 

In  re  Davison,  16  Am.  B.  R.  337;   143  Fed.  673. 

In  re  Cole  {C.  C.  A.  1st  Cir.),  16  Am.  B.  R.  302;  144  Fed.  392;  75  C.  C.  A.  330; 
modf'g  14  Am.  B.  R.  389;  135  Fed.  439. 

American  Trust  Co.  v.  Wallis  (C.  C.  A.  3rd  Cir.),  11  Am.  B.  R.  360;  126  Fed.  464; 
61  C.  C.  A.  342. 

In  re  Stavrahn  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  168;  174  Fed.  330;  98  C.  C.  A.  202. 

In  re  Cramer,  23  Am.  B.  R.  637;  175  Fed.  879. 

In  re  Tudor,  2  Am.  B.  R.  808;  96  Fed.  942. 

In  re  Mize  (supra). 

In  re  Reynolds  (D.  C.  Ala.),  27  Am.  B.  R.  200;  190  Fed.  967;  aff'd,  Stuart  v.  Rey- 
nolds, 204  Fed.  709;  123  C.  C.  A.  13. 

Epstein  v.  Steinfeld  (C.  C.  A.  3rd  Cir.),  32  Am.  B.  R.  6;  210  Fed.  236;  127  C.  C.  A. 
54;  aff'g  In  re  Epstein,  30  Am.  B.  R.  387;  206  Fed.  568. 

Bankrupt  held  deprived  of  his  legal  rights. 

In  re  Frank  (supra). 

When  not  granted. 

In  re  LalMume  Condensed  :\Iilk  Co.   (D.  C.  Pa.),  16  Am.  B.  R.  729;   145  Fed.  1C13. 

In  re  Walder  (D.  C.  Conn.),  16  Am.  B.  R.  41;   142  Fed.  784. 

In  re  Longbottom  and  Sons,  15  Am.  B.  R.  437;   142  Fed.  291. 

In  re  Sax  (D.  C.  Pa.),  15  Am.  B.  R.  455;  141  Fed.  223. 

In  re  Craning  (C.  C.  A.  2nd  Cir.),  36  Am.  B.  R.  162. 

What  order  should  provide. 

It  is  error  to  embody  in  the  order  what  is  substantially  a  judgment  for  contempt 
and  an  alternative  order  of  committal  tlierefor.  Tlie  isnue  on  the  question  of  contemj-t 
is  entirely  separate. 

In  re  Cole,  16  Am.  B.  R.  302;  144  Fed.  392;  75  C.  C.  A.  330;  revg  14  Am.  B.  R. 
389;  135  Fed.  439. 

In  re  Baum  (C.  C.  A.  Sth  Cir.),  22  Am.  B.  R.  295;  160  Fed.  410:  94  C.  C.  A.  632. 

Order  should  require  payment  to  the  trustee. 

In  re  Baum  (supra). 


FORMS  IN  BANKRUPTCY.  201 

Sufficiency  of. 

In  ro  Kramer  (D.  C.  Pa.),  31  Am.  B.  R.  377;  209  Fed.  627. 

In  re  IVnnell,  32  Am.  li.  R.  241;  214  Fi-d.  337;   130  C.  C.  A.  645. 

Upon  a  bankrupt's  petition  to  review  an  order  adjudging  him  in  contempt  for 
failure  to  obey  an  order  to  turn  over  assets  to  hia  trustee,  the  latter  order  ih  not 
reviewable. 

In  re  Lans  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  458;  158  Fed.  610;  85  C.  C.  A.  432. 

Order  refusing  to  direct  delivery,  is  not  res  adjudicata  upon  subsequent  plenary 
action. 

Murray  v.  Joseph   (D.  C.  X.  Y.),  16  Am.  B.  R.  704;  146  Fed.  260. 

Bankrupt's  testimony  at  meeting  of  creditors  may  be  admissible  in  "  turn  over 
proceeding." 

In  re  Greer  (D.  V.  Ark.),  26  Am.  B.  R.  811;  189  Fed.  511. 

Good  V.  Kane   (C.  C.  A.  8th  Cir.),  32  Am.  B.  II.  19;  211  Fed.  956;  128  C.  C.  A.  454. 

Recovery  from  third  persons. 

When  it  is  clear  that  third  person's  possession  is  merely  colorable. 

In  re  Friedman  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  37;  161  Fed.  260;  88  C.  C.  A.  306; 
aff'g  18  Am.  B.  R.  712;   153  Fed.  939. 

In  re  Moore,  5  Am.  B.  R.  151;   104  Fed.  869. 

In  re  Blum   (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  332;   193  Fed.  304. 

In  re  Meier  (C.  C.  A,  8th  Cir.),  25  Am.  B.  R.  272;   182  Fed.  790;   105  C.  C.  A.  231. 

Determining  whether  claim  is  adverse  or  colorable  —  jurisdiction  to  proceed  further. 

In  re  Ilayden  (D.  C.  Mass.),  22  Am.  B.  R.  764;   172  Fed.  623. 

In  re  Mimms  &  Parham   (D.  C.  Ky.),  27  Am.  B.  R.  469;   193  Fed.  276. 

In  re  Ironclad  Mfg.  Co.  (C.  C.  A.  2nd  Cir.),  27  Am.  B.  R.  490;  191  Fed.  831;  112 
C.  C.  A.  345. 

In  re  Peacock,  24  Am.  B.  R.  159;   178  Fed.  851. 

In  re  Gill  (C.  C.  A.  8th  Cir.),  26  Am.  B.  R.  883;  190  Fed.  726;  111  C.  C.  A.  454. 

Taken  under  a  void  attaelinieut. 

In  re  Graessler  &  Reichwald  (C.  C.  A.  9th  Cir.),  18  Am.  B.  R.  694;  154  Fed.  478; 
83  C.  C.  A.  304. 

W'liere  only  question  of  law  is  raised. 

In  re  ^lichaelis  &  Lindeman  (D.  C.  N.  Y.),  27  Am.  B.  R.  299;  196  Fed.  718. 

^^^lere  assets  have  been  forciblj^  taken  out  of  estate  while  in  custudia  legia. 

In  re  Landis,  18  Am.  B.  R.  483;  151  Fed.  896. 

Sale  of  assets  after  filing  of  bankrujitcy  petition. 

In  re  Denson,  28  Am.  B.  R.  158;   195  Fed.  854. 

To  recover  money  paid  after  the  filing  of  the  petition. 

In  re  R.  &  W.  Skirt  Co.  (C.  C.  A.  2nd  Cir.),  34  Am.  B.  R.  353;  222  Fed.  256;  138 
C.  C.  A.  67. 

Adverse  claimant. 

Allegation  that  claim  is  "  Merely  colorable  "  must  be  supported  by  allegation  of 
facts  in  support  thereof  to  give  referee  jurisdiction  to  hear  on  merits. 

In  re  Tarbox,  26  Am.  B.  R.  432;   185  Fed.  985. 

In  re  Vorkville  Coal  Co.  (C.  C.  A.  2nd  Cir.),  33  Am.  B.  R.  633;  211  Fed.  619;  128 
C.  C.  A.  570. 

See,  Collier  (10th  Ed.),  p.  489. 

Scope.     (Sec.  23-b  construed). 

In  re  Ballou,  33  Am.  13.  R.  21 ;  215  Fed.  810. 


202  FOKMS  IX  BAXKRUPTCY. 

Musica  et  al.  v.  Prentice  (C.  C.  A.  5th  Cir.),  31  Am.  B.  R.  687;  211  Fed.  326;  127 
C.  C.  A.  575;  aff'g  In  re  Musica  &  Son,  30  Am.  B.  R.  555;  205  Fed.  413;  appeal  dis- 
missed, 234  U.  S.  263;  58  L.  Fd.  1305. 

Order  referring  proceeding  to  special  mastt-r  for  determination  not  an  adjudica- 
tion of  what  constitutes  an  adverse  claim. 

In  re  Auerbach  (C.  C.  A.  2nd  Cir.),  29  Am.  B.  1!.  791;  202  Fed.  192;  120  C.  C.  A. 
406. 

Officer  of  bankrupt  corporation  not  an  adverse  claimant.  In  re  Kornit  ^If'g  Co. 
(D.  C.  N.  J.),  27  Am.  B.  R.  244;  192  Fed.  392. 

In  re  Cantelo  Mf'g  Co.  (D.  C.  Me.),  29  Am.  B.  R.  704;  201  Fed.  158. 

Failure  to  allege  possession  of  property  in  officer  of  bankrupt  corporation. 

In  re  Brockton  Ideal  Shoe  Co.  (C.  C.  A.  2nd  Cir.),  29  Am.  B.  R.  846;  202  Fed.  199; 
120  C.  C.  A.  447. 

No  jurisdiction  by  summary  order  when  in  hands  of  State  court  on  replevin. 

In  re  L.  Rudnick  &  Co.  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  33;  160  Fed.  903;  88  C.  C. 
A.  85. 

See,  Knapp  and  Spencer  Co.  v.  Drew  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  355;  160  Fed. 
413;  87  C.  C.  A.  365. 

Waiver  by  failure  to  object  to  jurisdiction. 

Haffenberg  v.  Chicago  Title  &  Trust  Co.  (In  re  Rapliael),  (C.  C.  A.  7th  Cir.),  27 
Am.  B.  R.  708;  192  Fed.  874;   113  C.  C  A.  198. 

Joinder  of  a  defense  on  the  merits  with  challenge  to  jurisdiction  not  pormittt'd. 

In  re  Kornit  Mf'g  Co.  (D.  C.  N.  J.),  27  Am.  B.  R.  244;  192  Fed.  392. 

Failure  to  object  to  jurisdiction  until  before  appellate  court. 

In  re  Hopkins  (C.  C.  A.  2nd  Cir.),  36  Am.  B.  R.  158. 

Order  conclusive  that  at  the  time  such  order  was  made  tlie  bankrupt  was  in  pos- 
session of  the  property  directed  to  be  turned  over. 

In  re  Frankel  (D.  C.  N.  Y.),  25  Am.  B.  R.  920;   184  Fed.  539. 

Bankrupt  estopped  from  denying  such  fact  upon  a  motion  to  punish  for  contem;:t 
for  refusing  to  obey. 

8.  c.  {supra). 

Only  issue  open  is  to  show  what  he  has  done  with  tlie  property  since  date  of  order. 

s.  c.  isvpra). 

In  re  Marks,  22  Am.  B.  R.  568;  171  Fed.  281. 

Cases  holding  contra, 

In  re  Ilaring.  27  Am.  B.  R.  28;  203  Fed.  229;  121  C.  C.  A.  435;  affg  193  Fed.  168 

In  re  Goodrich  (D.  C.  Mass.),  25  Am.  B.  R.  789;  192  Fed.  746. 

In  re  Cole  (C  C.  A.  1st  Cir.),  20  Am.  B.  R.  761;  163  Fed.  180;  90  C.  C.  A.  50. 


FORMJS  IN  BANKRUPTCY.  203 


FORM  No.  120. 

SUMMARY  ORDER  THAT  BANKRUPT  TURN  OVER  CONCEAXED 

ASSETS. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Banl-rupl . 


.   No, 


the  trustee  herein  having  made  an  application  to  compel 

,  the  l)ankrupt  above  named,  to  turn  over  to  his  said  trustee,  the 

sum  of  $ ,  proceeds  of  certain  property  belonging  to  his  estate,  alleged 

to  be  in  the  possession  and  control  of  said  bankrupt  and  which  the  said  bank- 
rupt is  fraudulently  concealing  from  his  said  trustee,  and  the  said 

having  filed  his  verified  answer  thereto  and  the  matter  having  been  duly  heard 
and  testimony  taken,  and  the  referee  having  rendered  a  decision  thereon, 

Now,  upon  reading  and  filing  the  petition  of ,  trustee  herein, 

verified  the day  of ,  19 . . .,  the  answer  of bank- 
rupt herein,  verified  the day  of ,  19.  . .,  the  testimony  and 

all  proceedings  had  herein  and  after  hearing ,  attorney  for  the  said 

trustee,  in  support  of  said  petition,  and ,  attorney  for 

in  opposition  thereto,  it  is,  upon  motion  of ,  attorney  for  said 

trustee. 

Ordered,  that  the  prayer  of  the  trustee's  petition  herein,  be,  and  it  hereby  is, 
granted,  and 

It  is  further  ordered,  that  the  said ,  bankrupt  herein,  account 

for  and  pay  over  within days  to as  trustee  herein,  the 

sum  of  $ belonging  to  his  said  estate  in  bankruptcy  and  found  to 

be  in  his  possession  or  under  his  control. 

Dated ,19... 


Referee  in  BanJcrvpfrtj. 


204  FORMS  IN  BANKRUPTCY. 


FORM  No.  121. 

PETITION  UNDER  SEC.  60-d.  TO  RE-EXAMINE  ATTORNEY'S  FEE. 

United  States  District  Court, 

for  the District  of : 

111  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


I    No. 


To ,  Esq.,  Referee  in  Bankruptcy. 

The  petition  of respectfully  shows  to  this  court  upon 

information  and  belief: 

1.  That  he  is  the  trustee  herein,  duly  qualified  and  acting. 

2.  That  on  or  about  the  ....  day  of ,  19 . . .,  an  involuntary- 
petition  in  bankruptcy  was  filed  against  the  above  named  bankrupt,  and 

,  Esq.,  was  on  the  same  day  duly  appointed  temporary  receiver 

herein  and  duly  qualified,  and  that  subsequently  on  said  petition  the  said 

was  duly  adjudged  a  bankrupt,  and  on  the day  of 

,  19 ... ,  petitioner  was  duly  appointed  trustee  herein. 

3.  That  your  petitioner  through  his  attorney,  has  conducted  a  lengthy 
examination  of  the  l)ankrupt  and  various  witnesses  at  the  adjourned  first  meet- 
ing of  creditors.    That  among  the  persons  examined  was ,  Esq., 

an  attorney  at  law  of  this  court,  residing  in  this  district,  and  with  an  office 

at  No ,  City  of ,  and  the  attorney  for  the 

bankrupt  herein.     That  from  said  examination,  it  appears  that  the  bankrupt 

herein  in  contemplation  of  bankruptcy  has  paid  to  the  said ,  his 

attorney,  the  sum  of  $ for  services  to  be  rendered  in  connection  with 

the  said  bankruptcy  proceedings. 

4.  That  your  petitioner  alleges  that  the  said has  performed 

no  services  entitling  him  to  retain  the  sum  of  $ nor  any  part 

thereof. 

5.  That  no  previous  application  has  been  made  for  an  order  herein. 
AMierefore,  your  petitioner  prays  for  an  order  under  Sec.  60   (d)   of  the 

Bankruptcy  Act,  that  the  said  payment  be  re-examined  by  this  court  and  that 
the  said be  directed  to  turn  over  to  your  petitioner  as  trustee,  the 


i'ORMS  IN  BANKRUPTCY.  205 

sum  of  $ as  a  part  of  the  assets  belonging  to  this  estate  and  for 

such  other  and  further  relief  as  may  be  just  and  proper. 


retitioner. 
I  Verification.] 


FORM  No.  122. 


ORDER  FOR  REPAYMENT  BY  ATTORNEY. 


United  States  District  Court, 

for  the District  of 

Tn  Bankruptcy. 


Ix  TKE  Matter 

OF 


Bankrupt. 


No, 


,  as  trustee  in  bankruptcy  in  the  above  entitled  proceeding, 

having  filed  a  petition  herein,  praying  under  Sec.  60  (d)  that , 

an  attorney  of  this  court,  be  directed  to  turn  over  to  the  said  trustee  the  sum 

of  $ ,  proceeds  of  certain  property  alleged  to  belong  to  the  said  bankrupt 

estate  and  wrongfully  retained  for  alleged  services  by  the  said , 

and  the  matter  having  regularly  come  on  for  hearing  and  re-examination  and 

the  referee  having  on  the day  of ,  19 .  .  .,  handed  down 

a  decision  and  findings  of  fact, 

Now,  upon  reading  and  filing  the  petition  of ,  trustee,  verified 

the day  of ,  19 .  . ,  the  answer  of ,  verified 

the day  of ,  19.  . .,  the  testimony,  exhibits  and  all  pro- 
ceedings had  herein,  and  after  hearing ,  attorney  for  the  said 

trustee  in  support  of  the  said  petition,  and ,  attorne}'  for 

,  in  opposition  thereto, 

Now,  upon  motion  of  the  said  attorney  for  the  trustee,  it  is 

Ordered,  that  the  prayer  of  the  trustee's  petition  herein  be  and  hereby  is 
granted. 

And  it  is  further  ordered,  that  the  said pay  over  within 

days  to as  trustee  in  bankruptcy  herein,  the  sum  of  $ 

Dated ,  19... 


Referee  in  Bankruptcy. 


206  FORMS  IN  BANKRUPTCY. 

NOTES. 

Re-examination  of  payment  to  attorney.     Sec.  60-d. 

Jurisdiction. — An  administrative  proc-t*eding. 

Jn  re  Wood  and  Henderson  (U.  S.  Sup.),  20  Am.  B.  R.  1;  210  U.  S.  246;  52  L.  Ed. 
1046.     In  re  Lewin,  4  Am.  B.  R.  632;  103  Fed.  850. 

Haffenberg  v.  Chicago  Title  &  Trust  Co.  (C.  C.  A.  7th  Cir.),  27  Am.  B.  R.  708;  192 
Fed.  874;  113  C.  C  A.  198. 

Tripp  V.  Mitschrich  (C.  C.  A.  8th  Cir.),  31  Am.  B.  R.  662;  211  Fed.  424;  128  C.  C. 
A.  96. 

State  court  has  no  jurisdiction. 

In  re  Wood  and  Henderson   (supra). 

Attorncj'  not  an  adverse  claimant. 

In  re  Ellis  Bros.  IMnting  Co.   (D.  C.  N.  Y.),  19  Am.  B.  R.  472;   156  Fed.  430. 

Summary  order  to  restore  property  denied. 

In  re  Gilroy  &  Bloomfield,  14  Am.  B.  R.  627;   140  Fed.  733. 

Services  are  those  to  be  rendered  in  contemplation  of  the  filing  of  a  petition  "  by 
or  against"  the  banlcrupt.  Furth  v.  Stahl,  10  Am.  B.  R,  442;  205  Pa.  St.  439:  Pratt  v. 
Bothe  (C.  C.  A.  6th  Cir.),  12  Am.  B.  R.  529;  130  Fed.  670;  65  C.  C.  A.  48. 

In  re  Kross  (D.  C.  N.  Y.),  3  Am.  B.  R.  187;  96  Fed.  816.  In  re  Habegger  (C.  C.  A. 
8th  Cir.).  15  Am.  B.  R.  198;  139  Fed.  623;  71  C.  C  A.  607. 

In  re  Stolp,  29  Am.  B.  R.  32;  199  Fed.  488. 

Practice. 

B}'  petition  of  trustee. 

In  re  Shiebler  &  Co.  (D.  C.  X.  Y.),  20  Am.  B.  R.  777;  163  Fed.  545. 

In  re  Wood  and  Henderson   {supra). 

When  petition  for  restitution  may  be  made  by  creditor. 

In  re  Oakley,  31  Am.  B.  R.  806;  215  Fed.  265. 

Notice. 

In  re  Lewin   (D.  C.  Vt.),  4  Am.  B.  R.  632;  103  Fed.  850. 

When  attorney  ordered  to  turn  over  property. 

In  re  Eurich's  Fort  Hamilton  Brewery  (D.  C.  N.  Y.),  19  Am.  B.  R.  798;  158  Fed. 
644. 

When  transfer  of  property  by  bankrupt  in  payment  of  attorney's  fees  and  dis- 
bursements may  be  upheld. 

In  re  Cummins  (D.  C.  N.  Y.),  28  Am.  B.  R.  385;  196  Fed.  224. 


FORMS  IN  BANKRUPTCY. 


207 


FORM  No  123. 

EXCEPTIONS  TO  REFEREE'S  ORDER. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


Xo. 


Xow  comes of (a  creditor)  of  above  named 

Itankrupt  and  files  the  following  exceptions  to  the  decision  and  order  made 

on  the day  of ,  19  .• .  . ,  hy ,  Esq., 

referee  in  charire  of  this  proceeding: 

FirMf.  That  the  said  referee  was  without  jurisdiction  to  make  said  order 
in  the  premises. 

Second.  That  said  order  was  contrary  to  the  evidence  as  shown  hy  the 
record  herein  and  contrary  to  law. 

Third.      (Set  forth  specifically  each  exception  relied  upon.) 

Dated ,19... 


By   Attorney. 

(Address) 


208 


rOKMS  m  BANKEUPTCY. 


FORM  No.  124. 

PETITION  TO  REVIEW  REFEREE'S  ORDER. 


United  States  District  Court, 

District  of 

lu  Bankruptcy. 


In  the  Matter 

OP 


Bankrupt. 


No, 


To ,  Esq.,  Eeferoe  in  Bankruptcy. 

Your  petitioner  respectfully  shows : 

That  he  is  a  creditor  of  ,  the  above  named  bank- 
rupt, and  that  his  claim  has  l)een  allowed  herein. 

That  in  the  course  of  the  proceedings  on  the day  of , 

19.  . .,  an  order,  a  copy  of  which  is  hereto  annexed,  was  made  and  entered 
herein. 

That  such  order  was  and  is  erroneous  in  that 

I.  [set  forth  errors  clearly  and  specifically] 

Wherefore,  your  petitioner,  feeling  aggrieved  because  of  such  order,  prays 
that  the  same  may  be  reviewed,  as  provided  in  the  Bankruptcy  Act  of  1898 
and  General  Order  XXVII. 

Dated ,19... 


Petitioner. 
[Verification.] 

NOTES. 

Sec.  38-a,  39-a  (5),  2  (10). 

General  Order  XXVII. 

Rt'feroe'a  findings  of  fact  upon  conflictinjr  tostiniony  slioiild  be  upheld  unless  cleaHy 
wrong. 

In  re  Shriver,  10  Am.  B.  R.  746;   125  Fed.  .511. 

In  re  Car\er  &  Co.,  7  Am.  B.  R.  539;  113  Fed.  138. 

In  re  Linton,  7  Am.  B.  R.  676. 

Love  V.  Export  Storage  Co.  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  172;   143  Fed.  1;  74 
C.  C.  A.  l.'JS. 

Hoiick  V.  Cristy  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  330;  152  Fed.  612;  81  C.  C.  A.  602. 

In  re  Kenyon,  19  Am.  B.  R.  194;  156  Fed.  863. 


FORMS  IN  BANKRUPTCY.  209 

Southern  r'ne  Co.  v.  Savannah  Trust  Co.  (C.  C.  A.  5th  Cir.),  15  Am.  B.  il.  618;  141 
Fed.  802;  73  C.  C.  A.  60. 

Boyd  V.  Arnold,  Loucheim  &  Co.  (C.  C.  A.  5th  Cir.),  17  Am.  B.  K.  839;  149  Fed.  187; 
79  C.  C.  A.  135. 

In  re  Simon  &  Sternberg,  18  Am.  B.  R.  204;   151  Fed.  507. 

Findings  based  on  undisputed  facts  set  out  in  record  entitled  to  no  presumption 
in  their  favor. 

In  re  Big  Cahaba  Coal  Co.  (D.  C.  Ala.),  26  Am.  B.  R.  910;  190  Fed.  900. 

In  the  absence  of  statute  or  rule  of  court  a  petition  to  review  an  order  of  a  referee 
does  not  of  itself  operate  as  a  supersedeas. 

In  re  Home  Discount  Co.,  17  Am.  B.  R.  168;  147  Fed.  538. 

Does  not  contemplate  a  trial  de  novo. 

In  re  Home  Discount  Co.  {supra). 

Effect  of  special  district  rule. 

In  re  T.  M.  Lesher  &  Son,  25  Am.  B.  R.  218;  176  Fed.  650. 

Compare  In  re  Greek  Mfg.  Co.   (D.  C.  Pa.),  21  Am.  B.  R.  Ill;   164  Fed.  211. 

Right  of  referee  to  review  his  own  order. 

No  power  after  expiration  of  time  limit  for  filing  petition  for  review. 

In  re  Marks,  22  Am.  B.  R.  568;  171  Fed.  281. 

In  re  Greek  Mfg.  Co.    {supra). 

May  be  reviewed,  though  no  formal  exceptions  are  filed  when  cuch  filing  is  not 
required  by  a  local  rule  or  order  of  the  court. 

In  re  People's  Department  Store  Co.  (D.  C.  X.  Y.),  20  Am.  B.  R.  244;  159  Fed.  2S6. 

In  re  Swift  (D.  C.  Mass.),    9  Am.  B.  R.  237;  118  Fed.  348. 

If  no  exceptions  are  taken  the  specific  errors  of  law  should  be  clearly  set  forth. 

In  re  Covington,  6  Am.  B.  R.  373. 

Upon  review  of  an  order  or  report  of  a  referee,  the  judge  may  consider  any  point 
presented  by  the  record  whether  raised  or  not  before  the  referee. 

In  re  Samuel  Wilde's  Sons  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  386;  144  Fed.  972;  75 
C.  C.  A.  601;  aff"'g  13  Am.  B.  R.  217;  133  Fed.  562. 

How  the  court  will  treat. 

In  re  Doyle   (D.  C.  N.  Y.),  29  Am.  B.  R.   102;   199  Fed.  247. 

In  re  Harris,  16  Am.  B.  R.  213;  143  Fed.  421. 

Petition  should  ''  review  order,"  not  decision. 

In  re  Chambers,  Calder  &  Co.,  6  Am.  B.  R.  709;  98  Fed.  865. 

In  re  Octave  Mining  Co.,  32  Am.  B.  R.  474;  212  Fed.  457. 

Referee  should  certify  a  "  summary  of  the  evidence." 

In  re  Marengo  County  Mercantile  Co.,  29  Am.  B.  R.  46;  199  Fed.  474. 

In  re  Kurtz  (D.  C.  Pa.),  11  Am.  B.  R.  129;  125  Fed.  992. 

Compare  Crim  v.  Woodford  (C.  C.  A.  4th  Cir.),  14  Am.  B.  R.  302;  136  Fed.  34;  68 
C.  C.  A.  584. 

Duty  of  referee  to  make  findings. 

In  re  Turetz,  29  Am.  B.  R.  752;  205  Fed.  400. 

In  re  Baker  (D.  C.  Mass.),  32  Am.  B.  R.  378;  212  Fed.  765. 

Practice  on:     Construing  general  orders  XXI,  (6)  and  XXVII. 

In  re  Arti-Stain  Co.,  32  Am.  B.  R.  640;  all'd  s.  c.  32  Am.  B.  R.  643;  216  Fed.  942. 
See,  Collier   (10th  Ed.),  p.  1077. 

In  re  Smith  (D.  C.  Te.x.),  2  Am.  B.  R.  190;  93  Fed.  791. 
In  re  Schimmel,  29  Am.  B.  R.  361;  203  Fed.  181. 

District  Court  iiot  bound  by  the  referee's  conclusions  because  the  witnesses  testi- 
fied before  him. 


210  FORMS  IN  BANKRUPTCY. 

In  re  People's  Department  Store  Co.,  20  Am.  B.  R.  244;  159  Fed.  28G. 

Generally  speaking,  questions  before  the  District  Court  on  petition  to  review  should 
be  limited  to  those  involved  in  the  issues  before  the  referee,  and  other  matters  deemed 
waived- 

In  re  S.  Z.  Lorcli  &  Co.,  28  Am.  B.  R.  784;  199  Fed.  944. 

In  re  Stokes,  26  Am.  B.  R.  255;   185  Fed.  994. 

A  defeated  candidate  for  office  of  trustee  has  no  standing  to  review  order  of 
appointment.     Those  whose  claims  are  rejected  are  proper  parties  to  take  this  action. 

lu  re  (irossman  (D.  C.  N.  Y.),  34  Am.  B.  R.  32;  225  Fed.  1020. 

Time  limit. 

\Miere  no  local  rule  prescribes. 

Crim  V.  Woodford  (C.  C.  A.  4th  Cir.).  14  Am.  P..  R.  302;  136  Fed.  34;  (iS  C.  C.  A. 
584. 

In  re  Chambers,  Calder  &  Co.  (supra). 

Bacon  v.  Roberts  (C.  C.  A.  3rd  Cir.),  17  Am.  P..  R.  421;  140  Fed.  720;  77  C.  C. 
A.  155. 

In  re  Foss,  17  Am.  B.  R.  439;  147  Fed.  790. 

When  petitioner  may  be  excused  in  view  of  mistake. 

In  re  Nippon  Trading  Co.   (D.  C.  Wash.),  25  Am.  B.  R.  695;   182  Fed.  959. 

Denied  for  laches. 

In  re  Verdon  Cigar  Co.  (D.  C.  Mich.),  27  Am.  B.  R.  56;  193  Fed.  813. 

In  Maryland,  under  local  rule,  15  days. 

In  re  Wink.  30  Am.  B.  R.  298;  206  Fed.  348. 

In  re  Davison   (D.  C.  N.  Y.),  24  Am.  B.  R.  460;   179  Fed.  750, 

In  re  Schimmel.  29  Am.  B.  R.  361;  203  Fed.  181. 

In  re  Octave  Mining  Co.  (supra). 

In  re  Grant,  16  Am.  B.  R.  256;   143  Fed.  661. 

In  re  Nicholls,  22  Am.  B.  R.  216;   166  Fed.  603. 

Rule  of  reasonable  time  to  review  does  not  apply  to  a  motion  to  vacate  an  order 
of  referee  on  ground  that  he  was  without  jurisdiction  to  make  the  order. 

In  re  W.  W.  Russell  Card  Co.,  23  Am.  B.  R.  300:  174  Fed.  202. 


FORMS  IN  BANKRUPTCY.  211 


FORM  No.  125. 


REFEREE'S  CERTIFICATE  ON  REVIEW. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


is  THE  Matteu 
OF 


I  Xo, 


Banl-nipl. 


To  the  Hon District  Jud^e : 

I, ,  the  referee  in  bankruptcy  in  charge  of  this  proceeding, 

do  hereby  certify: 

That,  in  the  course  of  such  proceeding,  an  order,  a  copy  of  which  is  annexed 

to  the  petition  hereinafter  referred  to,  was  made  and  entered  on  the 

day  of ,19... 

That,  on  the day  of ,  19.  . ., , 

in  such  proceeding,  feeling  aggrieved  thereat,  filed  a  petition  for  a  review, 
which  was  granted. 

That  the  errors  complained  of  by  the  petitioner  l)eing in 

number  are  set  forth  in  full  in  his  petition. 

That  a  summarv  of  the  evidence  on  which  such  order  was  based  is  as  follows : 


[That  the  question  presented  on  this  review  is 


• ] 

I  hand  uj)  herewith,  for  the  information  of  the  Judge,  the  following  papers: 

1.  The  record-book  or  minutes  of  this  proceeding: 

2.  The  petition  on  which  this  certificate  is  granted. 

?,.     All  other  papers  filed  with  me  herein  which  are  pertinent  to  this 
review. 

Dated 19... 

Respectfully  submitted. 


Referee  in  Bankrupicy. 


212 


FOEMS  IN  BANKRUPTCY. 


FORM  No.  126. 

ORDER  DISMISSING  PETITION  TO  REVIEW  REFEREE'S  ORDER. 

At  a  stated  term  of  the  United  States 

District  Court,  for  the District 

of held  at  the  Court  House 

in  the  City  of ,  the 

day  of    ,  19.  . . 

Present  : 

Hon , 


District  Judge. 


Ix  THE  Matter 

OF 


Banl-riipt. 


A  motion  having  l)een  made  on  behalf  of herein  for  an 

order  dismissing  the  petition  of dated 

filed  herein  on  to  review  the  order  of  the  referee  (con- 
firming a  compromise  with a  creditor  herein),  [or  as  fact 

may  he],  and  it  appearing  to  the  satisfaction  of  the  Court  that  (the  said  com- 
promise was  for  the  best  interests  of  the  estate,  [that  said  order  of  the  referee 

herein  is  regular  and  projier],  and  after  hearing of  counsel  for 

in  support  of  said  motion  and for  the  said 

petitioners  in  opposition  thereto,  it  is,  on  motion  of ,  attorney 

for 

Ordered,  that  the  said  motion  of he  and  the  same  hereby 

is  granted  and  order  of ,  Esq.,  referee  herein,  dated  the 

day  of ,  19 . .  .  be  confirmed,  and  it  is  further 

Ordered,  that  said  petition  to  reviov/-  filed  herein  on be 

and  the  same  is  hereby  dismissed. 


D.J. 


FORMS  IN  BANKRUPTCY.  213 


FORM  No.  127. 

CERTIFICATE  OF  CONTEMPT  FOR  FAILURE  TO  OBEY  SUMMARY 

ORDER. 

United  States  District  Court, 

fur  the District  of : 

In  Bankruptcy. 


Ix  THE  ]\Iatter 

OF 


y  No, 


Bankrupt. 


To  the  United  States  District  Court  for  the District  of : 

I, ,  one  of  the  referees  in  bankruptcy  of  this  Court,  do 

respectfully  report  and  certify  that  on  the day  of ,1 

made  an  order  requiring ,  bankrupt  herein,  to  pay  to 

,  trustee  in  bankruptcy  in  this  proceeding,  on  or  before  the 

....  day  of ,  19 . . . ,  the  sum  of  $ ,  which  said  sum  was  in 

his  possession  or  under  his  control  and  for  which  sum  said has  not 

accounted. 

At  the  time  of  the  entry  of  said  order  said was  before  me  in 

person  and  by  counsel A  copy  of  said  order  is  filed  here- 
with and  made  a  part  hereof. 

I  further  certify  that has  failed  to  comply  with  said  order 

and  that  the  time  within  which  to  comply  has  now  expired, 

I  therefore  find  that  said is  in  contempt  of  court,  and  there- 
fore recommend  that  he  be  punished  for  contempt  and  committed  until  he 
shall  have  paid  to  the  said  trustee,  the  said  sum  of  $ 

All  of  which  is  respectfully  submitted. 

Dated ,19... 


Referee  in  Bankruptcy. 


214  FOKMS  IN  BAx\KKUPTCY. 

FORM  No.  128. 

RCFEREE'S  CERTIFICATE  ON  DEFAULT  OF  W^ITNESS. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matteu 

OF 


Banl-rupl. 


To  the  Hon ,  District  Judge : 

I, ,  referee  in  haukruptcy,  to  whom  was  referred  the  above 

entitled  matter,  do  hereby  certify  that  on  the day  of ,  19.  ., 

a  subpoena  was  duly  issued  l)y ,  clerk  of  the  United  States  Dis- 
trict Court  for  the District  of ,  under  the  seal  of 

said  court,  requiring to  attend  before  me  at  my  office,  Xo 

Street,  City  of ,  on  the day  of ,  19 . . . ,  at 

o'clock  in  the noon,  to  testify  and  give  evidence  herein  on  the  part  of 

the  trustee  of  the  estate  of  the  alcove  named  bankrupt,  (and  ])ro(luce  at  that 
time  and  place  all  his  books,  showing  records  of  all  purchases  and  sales  made 

by  him  or  under  his  supervision  during  the  months  of  ....  and in 

the  year  10 .  . ,)  and  that  on  the  said day  of ,  19 .  . ,  at 

o'clock  in  the  .  .  .  .noon,  the  said  trustee  attended  at  my  office,  Xo 

Street,  City  of ,  with  his  counsel,  prepared  to  examine  the  said 

under  the  said  su])poena,  tliat  the  said  trustee  produced  at  the 

time  and  place  aforesaid  the  said  original  subpoena,  with  proof  of  the  due 

service  thereof  on  the  said on 19.  .,  and  that  pfter 

waiting  for  thirty  (30)  minutes  for  the  said to  appear,  he  failed 

to  appear  and  his  default  was  thereupon  duly  noted  on  the  record  in  this 
case. 

Pursuant  to  Section  4-1  of  the  Bankruptcy  Act,  I  certify  the  foregoing  facts 

and  report  that is  in  contempt  of  this  court  for  failure  to  appear 

in  accordance  with  said  su])poena  on  the day  of 19 .  . 

Dated  ,  19... 

Kespectfully  submitted. 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY,  215 

NOTES. 
General  Order  XII. 

Knapp  &  ypenoer  Co.  v.  JJrew  (C.  C.  A.  8th  Cir.),  20  Am.  B.  11.  353;  IGO  Fed.  413; 
87  C.  C.  A.  3G5. 

Certifieatti  of  a  referee  cannot  be  considered  a  petition  for  review  of  the  lindini'3 
of  the  referee. 

Craddock-Terry  Co.  et  al.  v.  Kaufman,  23  Am.  B.  U.  724;  175  Fed.  303. 

Referee  may  not  certify  a  (juestion  of  his  own  motion. 

In  re  ReukaufV,  Sons  &  Co.,  Inc.  (D.  C.  Fa.),  14  Am.  B.  R.  344;  135  Fed.  251. 

In  re  Kimmel,  25  Am.  B.  R.  505;   183  Fed.  U65. 

Stamp  ta.\  under  War  Revenue  Act  of  1914. 

In  re  Hawley  (D.  C.  N.  Y.),  220  Fed.  372, 


FORM  No.  129. 

REFEREE'S  CERTIFICATE  CLOSING  PROCEEDING  FOR  LACK  OF 

PROSECUTION. 

ITnited  States  District  Court, 

for  the ]  )istrict  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


I    Xo. 


To  the  Hon , 

District  Judge : 

T    ,  the  referee  in  haiikruptcv  in  charge  of  this  matter,  do 

hereby  certify  and  report  that  the  order  of  adjudication  and  reference  in  this 

proceeding,  was  made  on  the   day  of  ,  19.  , ,  That  no 

indemnity  has  been  deposited  herein  nor  any  proceedings  taken  hy  the  peti- 
tioning creditors  to  bring  on  the  first  meeting,  though  notified  so  to  do.    That 

after  waiting months  and  no  further  proceedings  lieing  taken,  I  made 

an  order  dated ,  19. . ,,  requiring  creditors  and  the  bank- 
rupt to  show  cause  before  me  on ,  19 , .  ,,  why  this  proceed- 
ing should  not  l)e  dismissed,  that  said  order  having  lieen  duly  served  on 
the  respective  attorneys  for  the  bankrupt,  and  the  petitioning  creditors  and 


216 


FOEMS  IN  BANKRUPTCY. 


by  mail  to  all  creditors  and  no  one  having  appeared  on  the  return  day  of 
said  order  to  show  cause,  I  hereby  certify  that  this  proceeding  be  dismissed  for 
lack  of  prosecution  and  I  hereby  return  herewith  to  the  clerk  of  this  court  all 
the  papers  filed  in  my  office  in  this  proceeding. 
Dated   ,  19... 


Referee  in  Bankruptcy. 


NOTE. 
See  amendment  1910,  Sec.  59-g,  as  to  notice. 


FORM  No.  130. 


REFEREE'S    CERTIFICATE    OF    DISQUALIFICATION. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


To  the  Honorable District  Judge : 

T, ,  one  of  the  referees  in  bankruptcy  of  this  court, 

do  hereby  certify  that  I  am  disqualified  to  act  as  such  in  the  above  entitled 
proceeding  for  the  following  reasons :    


I  do.  therefore,  return  all  the  papers  transmitted  to  me  by  the  Clerk 
Dated    ,  19... 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY.  217 


FORM  No.  131. 


ORDER  SUBSTITUTING  NEW  REFEREE. 


United  States  District  Court, 

District  of 


Ix  THE  Matter 

OF 


Bankrupt. 


Y    Xo, 


On  reading  and  filing  the  annexed  certificate,  and  it  appearing  therefrom 

that ,  the  Referee,  heretofore  appointed  in  the  above  proceeding, 

is  disqualified  by  reason  of  his  interest  from  acting  therein. 

It  is  ordered,  that  the  said  proceeding  be  referred  to ,  Esq., 

Referee  in  Bankruptcy,  to  act  as  Referee  therein  in  the  place  and  stead  of  the 
said ,  without  prejudice  to  any  action  heretofore  taken  therein. 

Dated   ,  19.  .  . 


D.J. 
NOTES. 

Disqualification  of  referee. 

Bray  v.  Cobb,  1  Am.  P>.  R.  153;  91  Fed.  102. 

In  rv.  CardTUT,  4  Am.  B.  R.  420  and  noto;  103  Fed.  922. 

Does  not  require  consent  of  respondent. 

Bray  v.  Cobb  (supra). 

Referee  not  disqualified  when  the  only  interest  he  has  in  the  matter  submitted  to 
him  is  the  compensation  he  may  receive  by  way  of  fees. 

In  re  Strobel  (D.  C.  N.  Y.),  19  Am.  B.  R.  109;   155  Fed.  692. 

In  re  Abbey  Press,  13  Am.  B.  R.  11;   134  Fed.  51. 

The  judire  may,  for  tlie  convenience  of  the  parties  or  for  cause,  transfer  a  case 
from  one  referee  to  anotlier  witliin  the  district  in  which  tlie  proceedintr  is  pending.  No 
jurisdiction  to  refer  a  case  to  a  referee  appointed  and  residing  in  another  district. 

In  re  Schenectady  Engineering  &  Construction  Co.,  17  Am.  B.  R.  279;  147  Fed.  868. 

Removal  of  referee. 

Birch  V.  Steele,  21  Am.  B.  R.  539;  165  Fed.  577. 

In  re  Steele,  20  Am.  B.  R.  446;  161  Fed.  886. 

Ex  parte  Steele,  20  Am.  B.  R.  575;  162  Fed.  694. 


218  FORMS  IN  BANKRUPTCY. 


FORM  No.  132. 


PETITION  FOR  APPOINTMENT   OF   APPRAISERS. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlrnpi. 


To   ,  Esq., 

Referee  in  Bankruptcy. 

The  petition  of respectfully  shows : 

1.  That  he  is  the  trustee  herein  duly  qualified  and  acting. 

2.  That  as  such  trustee  the  following  assets  have  come  into  his  hands  and 
remain  unsold : 

3.  That  petitioner  desires  to  offer  same  at  pul)lic  sale  pursuant  to  the  rules 
of  this  Court. 

4.  That  no  appraisal  of  such  property  has  ])een  made. 

Wherefore,  petitioner  prays  that  three  disinterested  persons  l)e  appointed 
])y  this  Court  to  appraise  such  property  and  file  their  report  therein  with  all 
convenient  speed. 

• > 

Petitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY.  219 

FORM  No.  133. 

[Official.] 

APPOINTMENT,  OATH  AND  REPORT  OF  APPRAISERS. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  ]\Iattku 

OF 


Bnnl-rupt. 


Xo. 


It  is  ordered  that ,  of , ,  of 

,  and ,  of ,  three  disinterested  persons, 

be,  and  they  are  hereby,  appointed  appraisers  to  appraise  the  real  and  personal 
property  belonging  to  the  estate  of  the  said  bankrupt  set  out  in  the  schedules 
now  on  file  in  this  court  and  report  their  appraisal  to  the  court,  said  appraisal 
to  he  made  as  soon  as  may  be,  and  the  appraisers  to  be  duly  sworn. 

Witness  my  hand this  day  of ,  A.  D.  19. . 


Referee  in  BankTupfcij. 

District  of ,  ss. : 

Personally  appeared  the  withiii-namcd    ,    and 

,  and  severally  made  oath  that  they  will  fully  aiul  fairly  ap- 

l)raise  the  aforesaid  real  and  personal  property  according  to  their  1)est  skill 
and  judgment. 


Subscril)ed  and  sworn  to  before  me,  this (hiy  of 

A.  D.,  19... 


{Official  Character.) 

We,   the  undersigned,  having  been   notified  that  we  were   appointed   to 
estimate  and  appraise  the  real  and  personal  property  aforesaid,  have  attended  to 


220 


FOKMS  IN  BANKRUPTCY. 


the  duties  assigned  us,  and  after  a  strict  examination  and  careful  inquiry,  we 
do  estimate  and  appraise  the  same  as  follows: 


In  witness  whereof  we  hereunto  set  our  hands,  at 
day  of ,  A.  D.  19... 


,,  this 


FORM  No.  134. 


PETITION  OF  APPRAISERS  FOR  ALLOAVANCE  FOR  SERVICES. 

United  States  District  Court, 

District  of   : 

In  Bankruptcy. 


Ix  THE  ^Matter 
OP 


Bnnl-rnpt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of   ,    ,   and    , 

respectfully  shows : 

That  on  the day  of ,  19 .  . . ,  hy  order  of , 

Esq.,  yonr   petitioners   were   duly   appointed  appraisers  herein.      That   said 

appraisers  met  at  the  office  of ,  duly  qualified  and  entered 

upon  the  performance  of  their  duties. 


FORMS  IN  BANKRUPTCY.  221 

That  the  property  helonging  to  the  bankrupt  estate  consisted  of  [Here  set 
forth   property]    

That  it  was  necessary  for  the  a})praisers  to  inventory  and  inspect  all  of  said 
property. 

That  the  total  value  of  said  property,  as  found  by  the  appraisers  and 
emhodied  in  the  appraisers'  report  on  fde  in  this  proceeding,  was  the  sum 
of  $ 

That  the  appraisers  were  engaged  in  inaking  said  appraisal  and  in  prepara- 
tion of  their  report  for  substantial  portions  of   days.     That  said 

appraisal,  etc.:  [Here  set  forth  any  particular  facts  as  to  difficulty,  expert 
knowledge,   etc.]     

That  your  petitioners  have  received  no  compensation  for  their  services  as 
appraisers  of  this  estate,  and  consider  their  said  services  to  be  reasonably 

worth  the  sum  of  $ each.     That  your  petitioners  are  informed  and 

verily  believe  that  the  trustee  herein  has  in  his  hands  sufficient  funds  to  pay 
such  allowance  as  may  be  made  herein. 

"Wherefore,  your  petitioners  pray  that  such  allowances  may  be  made  to 
them  for  their  services  as  to  this  court  may  seem  just  and  reasonal)le. 


Petitioners. 
[Verification.] 

NOTES. 

Appraisers.     Sec.  70-b. 

In  re  Prager,  8  Am.  B.  R.  356. 

In  re  Desrochers^  25  Am.  B.  R.  703,  721;  183  Fed.  991. 

Appointment  of  on  sujigestion  of  creditor  not  necessarily  void. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526;  142  Fed.  234. 

Appraisal  —  form  of. 

In  re  Gordon  Supply,  etc.,  Co.,  13  Am.  B.  R.  352;    133  Fed.  798. 

In  absence  of  proof  to  contrary  fiovcrns  as  to  tlie  value  of  bankrupt's  property. 

Schuler  v.  Hassinger  (C.  C.  A.  5th  Cir.),  24  Am.  B.  R.  184;   177  Fed.  119;   100  C.  C. 
A.  539. 

In  re  Monsarrat  (No.  2)    (D.  C.  Haw.),  25  Am.  B.  R.  820. 

When  Court  may  disregard. 

In  re  Zehner,  27  Am.  B.  R.  536;   193  Fed.  787. 

Fees  of  appraisers. 

In  re  Grimes.  2  Am.  B.  R.  730;  96  Fed.  529. 

In  re  Jamieson.  6  Am.  B.  R.  601. 

In  re  E.  J.  Fidler  &  Son   (D.  C.  Pa.),  23  Am.  B.  R.  16;  172  Fed.  632. 

In  re  Desrochers  (supra). 

Purchase  of  bankrupt's  property  by  an  official  appraiser  thereof  not  allowed. 

In  re  Frazin  &  Oppenheim   (C.  C  A.  2nd  Cir.),  24  Am.  B.  R.  598;   181  Fed.  307; 
104  C.  C.  A.  529. 


FORMS  IX  BANKRUPTCY. 


FORM  No.  135. 


ORDER  DECI.ARING  FIRST  DIVIDEND  AND    DIVIDEND  SHEET. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  ^Iatter 

OF 


Banlrupt. 


Y    Xo. 


The  trustee  herein  having  filed  in  the  referee's  office  a  report,  dated 

,  19 .  .  .,  showing  that  he  has  now  in  his  hands  money  belonging  to 

the  bankrupt  estate  sufficient  to  pay  the  dividend  hereinafter  declared,  and  it 
appearing  from  said  trustee's  report  that  such  dividend  will  not  exceed  fifty 
per  cent,  of  the  money  of  the  estate,  excepting  claims  entitled  to  priority,  it  is, 
on  motion  of ,  attorney  for  said  trustee. 

Ordered,  that  a  first  dividend  of per  cent.  (....%)  be  and  the 

same  is  hereby  declared  on  the  claims  duly  proved  and  allowed  herein  and  not 
entitled  to  priority  of  payment, 

And  it  is  further  ordered  that ,  trustee  of  the  estate  of  the 

above  named  bankrupt,  be  and  is  hereby  directed  to  make  the  payments  con- 
tained in  the  dividend  sheet  hereto  annexed  out  of  the  funds  in  his  hands 
belonging  to  the  estate. 

Dated   ,  19.  .. 


Referee  in  Banl-ruptcy. 


FOKMS  ]N  BANKRUPTCY. 


223 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


IX   THE  3lATTEIt 
OF 


Banlrupt. 


I    Xo. 


DIVIDEND  SHEET. 

At  the  Citj'  of ,  in  said  District,  on  the day  of , 

A.  D.,  19... 

A  list  of  debts  proved  and  claimed  under  said  bankruptcy  with  a  first 

dividend  of per  cent.,  this  day  declared  thereon  by , 

Esq.,  referee  in  bankruptcy. 


Creditors.    Claim  No. 

Claim.               Dividend. 

Dividend  with 
Filing  Fee. 

Totals   ...                 .           

Referee  in  Banlruptcy. 
NOTES. 
Dividends.     Sees.  65-a,  b. 

Cross-references,  Sees.  39-a,  (1),  47-a,  (4),  (9),  55-f,  57,  58-a,  (5),  (6),  66. 
General  Order  XXIX. 

In  comiiutation  for  first  dividend  claims  scheduled,  but  not  filed,  must  be  included. 
In  re  Scott.  2  Am.  B.  R.  324;  96  F.d.  607. 
See  In  re  Walker,  3  Am.  B.  R.  35 :  96  Fed.  5.50. 
See,  as  to  exceptions  in  some  jurisdictions. 
In  re  Heebner.  13  Am.  B.  R.  256;  132  Fed.  1003. 

AMien  order  declarinj?  dividend  should  be  revoked  and  how  far  revicwaV)le. 
In  re  H.nry  Sic^'el  Co.  (D.  C.  Mass.),  32  Am.  B.  R.  645:  216  Fed.  943. 
Declaration  of  final  dividend  before  expiration  of  one  year. 
When  same  will  not  be  set  aside. 
In  re  Coulter.  30  Am.  B.  R.  75;  206  Fed.  906. 

Dividends  undistributed  in  hands  of  a  trustee  are  not  subject  to  attachment  or 
garnishment. 


224  FORMS  IN  BANKRUPTCY. 

In  re  Hollander  (D.  C.  Md.),  25  Am.  B.  K.  48;   181  Fed.  1019. 

In  re  Argonaut  Shoe  Co.  (C.  C.  A.  9th  Cir.),  26  Am.  B.  K.  584;  187  Fed.  784;  109 
C.  C.  A.  632. 

Cowart  V.  W.  E.  Caldwell  Co.  (Ga.  Sup.  Ct.),  24  Am.  B.  R.  546. 

In  re  Thompson-Breese  Co.,  30  Am.  B.  R.  105. 

In  re  American  Electric  Telei^hone  Co.  (C.  C  A.  7th  Cir.),  31  Am.  B.  R.  612;  211 
Fed.  88;  127  C.  C.  A.  512. 

Duty  of  referee  to  furnish  trustee  with  dividend  sheet. 

Checks  should  only  be  made  payable  to  those  whose  names  appear  on  such  sheet 
or  the  trustee  incurs  the  risk,  of  his  vouchers  not  being  approved. 

In  re  Carr,  8  Am.  B.  R.  635;   116  Fed.  556. 

Referee  may  oixler  at  request  of  creditor  payment  by  trustee  of  dividend  withlield 
without  sufficient  reason. 

Time  of  jjayment  of  dividends. 

In  re  Bell  Piano  Co.  (D.  C.  N.  Y.),  18  Am.  B.  R.  183;  155  Fed.  272. 

In  re  Eldred,  19  Am.  B.  R.  52;   155  Fed.  686. 

In  re  Stein,  1  Am.  B.  R.  662;  94  Fed.  124. 

Distribution. 

In  re  Kohler  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  89;  159  Fed.  871;  87  C.  C.  A.  51. 

Distribution  of  proceeds  of  securities  deposited  by  private  banker  with  New  York 
State  Comptroller. 

In  re  Rosett  (C.  C.  A.  2nd  Cir.),  30  Am.  B.  R.  309;  204  Fed.  431;  122  C.  C.  A.  617; 
aff'g  s.  c.  29  Am.  B.  R.  341;  203  Fed.  67. 


FORM  No.  136. 


NOTICE  OF  DIVIDEND  AND   W^ ARRANT. 


United  States  District  Court, 

for  the District  of 

111  Bankruptcy. 


In  the  Matter 

OF 


Banl-rvpt. 


Notice  of  Dividend. 
No 


Notice  of  the  declaration  and  time  of  the  payment  of dividend. 

At '.  . ,  on  the day  of ,  19 . . . 

To  the  Creditors  of  the  aliove  named  Bankrupt: 

Notice  is  hereby  fjiven,  that  I  have  this  day  declared  a dividend 

out  of  the  ahove  estate  of per  cent.,  upon  the  claims  proved  and 

allowed  herein. 


Referee  in  Bankrvptcy. 


FORMS  IN  BANKRUPTCY. 


225 


To  the  Creditors  of  the  above  named  Bankrupt  whose  claims  have  been  proved 
and  allowed  herein: 

I  hereby  inform  you  that  you  may,  on  application  at  my  oflice,  No , 

Street,  in  the  City  of ,  on  the day  of ,  19 ... , 

or  on  any  day  thereafter,  between  the  hours  of ,  ]\[.  and ,  M., 

receive  a  warrant  for  a dividend  due  to  you  out  of  the  al)ove  estate. 

If  you  cannot  persoiudly  attend,  the  warrant  will  J)e  delivered  to  your  order 
on  your  tilling  up  and  signing  the  subjoined  letter. 


Tni.^lee  in  lUinkrnptcij. 


To   ,   Street,  City  of 

Trustee  in  Bankruptcy  of  the  estate  of ,  Bankrupt. 

Please  deliver  to   ,  the  warrant  for  the 

dividend  payable  out  of  the  said  estate  to  me. 

(Signed) 


Creditor. 


FORM  No.  137. 


ORDER    THAT    TRUSTEE    PAY    DIVIDEND    HERETOFORE    DECLARED. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


X^pon  reading  and  filing  the  affidavit  of ,  a  creditor 

herein  whose  claim  was  duly  filed  and  allowed  herein  on  tlu^ day 

of    "ID...,   duly   verified,   and   upon   all   tlie  proceedings 

heretofore  had  herein  and  it  ap]waring  that  a  dividend  of  $ was 

heretofore  declared  upon  the  claim  of  the  said ,  on  the 

day  of 101...,  and  that ,  Esq., 

unreasonably  refuses  to  pay  such  dividoiul  to  said  creditor,  now,  upon  motion 
of ,  attorney  for  said  creditor  it  is,  ordered  that 


226 


FORMS  IN  BANKRUPTCY. 


tlic  trustee  in  l)ankru])tcy  lierein  pay  forthwith  to  said  creditor  the 

sum  ol'  $ the  amount  of  tlie  dividend  heretofore  declared  u])on  his 

said  claim. 
Dated, ,  li)..  . 


Tleferc-c  in  Banl-rujdcy. 


FORM  No.  138. 

NOTICE  OF  FINAL  MEETING. 


United  States  District  Court, 

District  of   .  . 

In  Bankruptcy. 


In  the  Matter 

OF 


Ikinhrupt. 


V    No. 


To  tlie  Creditors  of  the  ahove  named  Bankrupt: 

Notice  is  herehy  given  that  the  trustee  in  l)ankruptcy  in  this  proceeding 
has  filed  his  final  account  in  the  office  of  the  undersigned  referee  herein,  where 
it  may  l)e  inspected  hy  creditors,  and  that  a  final  meeting  of  the  creditors  of 

said  1)ankrupt  will  he  held  at  the  Referee's  Office,  No Street, 

in  the  City  of ,  County  of ,  on , 

,  19. . .,  at M.,  at  which  meeting  the  said  trustee's  account 

w^ill  he  examined,  and  if  found  correct,  the  same  will  be  allowed  and  the  trustee 
discharged  of  his  trust,  and  the  amount,  if  any,  remaining  for  dividends, 
will  he  determined  by  the  referee  and  a  final  dividend  declared,  if  there  are 
funds  applicable  thereto;  and  any  other  business  proper  to  be  performed  at 
said  meeting  may  be  transacted. 

Dated    ,  19... 


Refer&e  in  Banl-ruptcy. 


FORMS  IN  BANKRUPTCY.  227 


FORM  No.  139. 

ORDER  PASSING  TRUSTEE'S  ACCOUNT  AND   DECLARING  DIVIDEND. 

Ill  the  District  Court  of  the  United  States, 

for  the  : 

111  Bankruptcy. 


Ix  THE  Matter 

OF 


BanWnpt. 


V    Xo. 


The  Trustee  in  Bankruptcy  in  this  proceeding  having  duly  filed  his  verified 
final  account,  and  due  notice  of  filing  said  account  and  of  a  final  meeting  of 
the  creditors,  to  he  held  at  the  Referee's  office,  to  pass  iipon  said  account  and 
to  fix  the  amounts  to  he  allowed  for  debts  and  payments  entitled  to  priority 
and  to  declare  a  dividend,  having  been  given  to  the  creditors,  and  the  said 
meeting  of  creditors  having  been  duly  held,  and  any  objections  in  reference  to 
said  account  or  to  the  allowance  of  said  debts  or  payments  entitled  to  priority 
or  otherwise  having  been  duly  heard  and  considered,  it  is  hereby 

Ordered,  that  the  said  account  be  passed  and  allowed  as  filed. 

And  it  is  further  ordered,  that  the  del)ts  and  payments  entitled  to  priority 
are  hereby  fixed  and  allowed  by  the  Referee  at  the  amounts  stated  in  a  certain 
list  of  debts  and  payments  entitled  to  priority  filed  herewith,  and  the  Trustee 
is  hereby  directed  to  pay  to  the  persons  named  in  said  list,  out  of  the  balance  in 
his  hands,  the  amounts  stated  therein  to  lie  due  to  said  persons  respectively ; 

And  the  balance  in  the  hands  of  the  Trustee,  as  shown  by  his  final  account 

as  settled  and  allowed,  being  $ and  the  aggregate  amount  of  said 

debts  and  payments  entitled  to  priority  being leaving,  after  the 

payment  of  said  delits  and  payments  entitled  to  priority,  $ applicable 

to  the  payment  of  dividends;  and  the  aggregate  amount  of  the  claims  proved 
and  allowed  in  this  proceeding  and  not  entitled  to  priority  to  this  date,  being 

$ and  the  said  amount  remaining  in  the  Trustee's  hands,  applical)le 

to  the  payment  of  dividends,  being  per  cent,  of  said  aggregate 

amounts  of  said  claims  proved  and  allowed,  it  is  further 

Ordered,  that  a  dividend  of per  cent,  be  and  hereby  is 

declared  upon  the  said  claims  of  creditors,  and  that  the  said  Trustee  be  and 
hereby  is  directed  to  pay  to  the  said  creditors  the  respective  amounts  stated 
in  a  dividend  list  made  out  and  filed  with  this  order ;  and  it  is  further 


223  FOKMS  IN  BANKIIUPTCY. 

Ordered,  that  tlie  said  Trustee  take  a  receipt  for  the  payments  directed  by 
this  order,  and  return  the  same  to  the  office  of  the  Eeferee  with  all  convenient 
speed. 

Dated    ,  19.  . . 


Refer&e  in  Bankruptcy. 


FORM  No.  140. 

ORDER  FIXING  ALLO"WANCE  OF  BANKRUPT'S  ATTORNEY. 

I'nited  States  District  Court, 

for  the District  of : 

In  Bankruptcy, 


In  the  Matter 

OF 


Bankrupt. 


Ko. 


,    the    attorney    for    the    bankrupt    herein,    having 

presented  his  duly  verified  petition,  praying  that  he  be  allowed  a  reasonable 
amount  for  services  rendered  by  him  to  the  bankrupt  in  this  proceeding,  and 
that  he  be  repaid  certain  moneys  expended  by  him,  and  the  trustee  herein 
having  received  due  notice  of  the  application  and  hearing  thereon,  now  on 

reading  and  filing  the  petition  of ,  verified ,  19 . .  . ,  and 

after  hearing ,  in  support  of  said  petition,  and  no  one  appear- 
ing in  opposition  thereto,  it  is,  on  motion  of ,  attorney  for 

the  bankrupt  herein, 

Ordered,  that  the  sum  of dollars  ])e  and  the  same  is  hereby 

allowed  to  the  said for  his  services  as  attorney  for  the  bank- 
rupt herein  and  the  further  sum  of dollars  for  his  disbursements 

incurred  for  said  estate  and  the  trustee  is  directed  to  pay  said  sums  out  of  the 
funds  in  his  hands  belonging  to  the  estate. 

Dated   ,  19... 

" J 

Referee. 


FORMS  IN  BANKRUPTCY.  229 

NOTES. 

In   Southern  District  of  New  York,  See   Rule  XXII.     In  Western  District,  Rule 
XXXI. 

Compensation  of  bankrupt's  attorney. — -For  what  services  compensated. 
In  re  (Joldville  Mfg.  Co.,  10  Am.  B.  R.  552;    123  Fed.  579. 
In  re  Kosentlial,  0  Am.  B.  R.  62(5;   120  Fed.  848. 
In  re  Mayer,  4  Am.  B.  R.  238;   101   Fed.  695. 
In  re  Terrill,  4  Am.  B.  R.  625;  103  Fed.  781. 

In  re  Anderson,  4  Am.  B.  R.  640;   103  Fed.  854. 

In  re  Carolina  Cooperate  Co.,  3  Am.  B.  R.  154;  96  Fed.  950. 

In  re  Payne  (D.  C.  N.  Y.),  18  Am.  B.  R.  192;  151  Fed.  1018. 

In  re  Hitclicock,  17  Am.  B.  R,  664.     In  re  Kress,  3  Am.  B.  R.  187;  96  Fed.  816. 

Only    one    allowance,   though   members   of   a   bankrupt    firm   appear   by    different 
attorneys. 

In  re  Eschwege  &  Colin.  8  Am.  B.  R.  282. 

In  re  Christiansen   (D.  C.  N.  Dak.),  23  Am.  B.  R.  710;   175  Fed.  867. 

In  re  K.  L.  Wong  (D.  C.  HaAv.),  30  Am.  B.  R.  125. 

In  re  Lane  Lumber  Co.   (Whitla  &  Nelson  v.  Boyd),  30  Am.  B.  R.  749;   206  Fed. 
780;  aff'd,  32  Am.  B.  R.  469;  213  Fed.  587;   130  C.  C.  A.  167. 

No  fee  for  contesting  involuntary  petition  when  adjudication  follows. 

In  re  Francis  Levy  Outfitting  Co.  Ltd.,  29  Am.  B.  R.  8. 

See  In  re  Perlhefter  and  Shatz,  25  Am.  B.  R.  586. 

No  allowance  for  services  in  resisting  proceeding  by  trustee  to  compel  bankrupt  to 
turn  over  assets. 

In  re  Felson,  15  Am.  B.  R.  185;  139  Fed.  275. 

In  re  Stratemeyer,  14  Am.  B.  R.  120. 

What  considered  in  determining  compensation. 

In  re  Duran  Mercantile  Co.,  29  Am.  B.  R.  450;   199  Fed.  961. 

Excludes  services  in  connection  with  discharge. 

In  re  Brundin,  7  Am.  B.  R.  296;   112  Fed.  306. 

In  re  Averill,  1  N.  B.  N.  544. 

See  In  re  Cillardon,  26  Am.  B.  R.  103;   187  Fed.  289. 

Excludi'S  services  to  bankrupt  on  exemptions. 

In  re  Castleberry,  16  Am.  B.  R.  430;   143  Fed.  1021. 

In  re  Borhman,  34  Am.  B.  R.  801 ;  224  Fed.  287. 

If  attorney  has  previously  received  compensation  from  tlie  bankrupt  for  the  serv- 
ices, no  further  sum  should  be  allowed. 

In  re  O'Connell,  3  Am.  B.  R.  422;  98  Fed.  83. 

In" re  Smith,  5  Am.  B.  R.  559;   108  Fed.  39. 

Compare  In  re  Goodwin,  2  N.  "B.  N.  Rep.  445. 

In  re  Young  (D.  C.  N.  Car.),  16  Am.  B.  R.  106;   142  Fed.  891. 

Not  entitled  to  compensation  for  services  rendered  upon  questions  of  allowance  of 
claims. 

Ohio  Valley  Bank  Co.  v.  Mack  et  al.  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  40;   163  Fs'd. 
155;  89  C.  C.  A.  605;  aflf^g  20  Am.  B.  R.  919. 

Allowance  in  discretion  of  tlie  court  and  jiayments  to  an  attorney  valid  only  so  far 
as  subsequentl}'  approved  by  tlie  court. 

In  re  Morris.  11  Am.  B.  R.  145;  125  Fed.  841. 

On  confirmation  of  composition  bankrupt  must  pay  his  attorney  for  his  services 
in  the  matter. 

In  re  Martin  (D.  C.  N.  Y".),  18  Am.  B.  R.  250;  151  Fed.  780. 

\Mien  confirmation  is  contested. 

In  re  Fogarty  (C.  C.  A.  8th  Cir.),  26  Am.  B.  R.  568;  187  Fed.  773:  109  C.  C.  A.  621. 


230  FORMS  IX  BANKRUPTCY. 

In  re  Keller  (D.  C.  X.  Y.),  31  Am.  B.  R.  51;  207  Fed.  118. 

In  re  Hammels  and  Hofman  (D.  C.  N.  Y.),  31  Am.  B.  R.  672;  211  Fed.  238. 

Allowance  to  bankrupt's  attorney  for  disbursements  and  filing  fee  paid  by  him  in 
voluntary  proceedings  while  involuntary  petition  is  pending. 

In  re  Carpenter  (D.  C.  X.  Y.),  25  Am.  B.  R.  161. 

Compare  In  re  Stegar  (D.  C.  Ala.),  7  Am.  B.  R.  665;  113  Fed.  978. 

When  transfer  of  property  by  bankrupt  to  attorney  for  payment  of  fees  and 
disbursements  for  services  rendered  and  to  be  rendered  may  be  upheld  by  the  court 
reviewing  same. 

In  re  Cummins   (D.  C.  X.  Y.),  28  Am.  B.  R.  385;   196  Fed.  224. 

[See  notes  on  review  of  fee  paid  by  bankrupt  to  attorney  under  Sec.  60-d,  Form  Xo. 
122.    See  costs  to  bankrupt  on  dismissal  of  petition.] 


FORM  No.  141. 


REFEREE'S   CERTIFICATE   OF  INDEMNITY. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  TUB  ^Latter 

OF 


-    Xo, 


Banl-riipt. 


I, ,  Referee  in  Bankruptcy,  to  whom  the  above  entitled  pro- 
ceeding has  been  duly  referred,  do  hereby  certify  that  an  order  has  been 
made  and  entered  herein  discharging  the  Trustee  and  canceling  his  bond ; 
that  the  following  is  an  itemized  statement  of  the  sum  deposited  with  me 
as  indemnity  herein  and  of  the  items  of  charges  against  the  same  and  that 
there  is  no  balance  remaining  of  said  sums  in  my  hands,  and  that  the  pro- 
ceeding is  closed. 

Dated ,19... 


JRefere-e  in  Bnnl-rupicy. 
[Attach  Statement.] 

NOTES. 
Referee's  Compensation. 
Sees.  40,  72. 
Consult  local  rules. 
In  re  Elk  Vallev  Coal  Mining  Co..  .32  Am.  R.  R.  197:  213  Fed.  3S3. 


FORMS  IN  BANKRUPTCY. 


231 


In  ro  Langford  ot  al.  ( D.  C.  Cal.),  35  Am.  li.  R.  519;  225  Fed.  311. 

In  cases  of  quasi-composition. 

Fielding  v.  Philips  (In  re  Philips  and  McKachin)  (C.  C.  A.  5th  dr.),  31  Am.  B. 
R.  542;  210  Fed.  889;  127  C,  C.  A.  499. 

On  common-law  settlements  it  has  recently  been  held  in  Southern  District  of 
New  York  (In  re  Arnold  B.  Heine  and  Co.,  No.  21163;  not  reported)  that  referees  were 
not  entitled  to  commissions- 

Not  entitled  to  commissions  on  moneys  disbursed  by  trustee  in  conducting  busine33 
of  bankrupt. 

In  re  M.  F.  Rourke  Co.  ( i).  ('.  Tcnn.),  31  Am.  15.  11.  788;  209  Fed.  877. 

Bray  v.  Johnson  (C.  C.  A.  4th  Cir.),  21  Am.  B.  K.  383;  1(56  Fed.  57;  91  ('.  C.  A. 
643. 

In  re  C.  J.  McCubbin  Co.  (Dist.  of  Col.  Sup.  Ct.),  33  Am.  B.  R.  277. 

Commissions  out  of  mortgaged  property. 

Varney,  Referee  v.  Harlow,  Trustee,  31  Am.  B.  R.  339;  210  Fed.  824;  127  C. 
C.  A.  374. 

Pledged  property. 

In  re  Meadows  et  al.  (C.  C.  A.  2d  Cir.),  33  Am.  B.  R.  649;  211  Fed.  948;  128 
C.  C.  A.  446;  aff'g  s.  e.  29  Am.  B.  R.  165;  199  Fed.  304. 


FORM  No.  142. 

[Official.] 


PETITION  AND  ORDER  FOR  REDEMPTION  OF  PROPERTY  FROM  LIEN. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


TX    THE     |\LVTTER 
OF 


BnnltTiipf. 


y   No. 


"Respectfully  represents   ,  trustee  of  the  estate  of 

said  bankrupt,  that  a  certain  portion  of  said  l)ankrupt's  estate,  to  wit:  (Trero 
describe  the  estate  or  property  and  its  estimated  value)  is  subject  to  a  mort- 
gage (describe  the  mortgage),  or  to  a  conditional  contract  (describing  it),  or 
to  a  lien  (describe  the  origin  and  nature  of  the  lien),  (or  if  the  property  be 
personal  property,  has  been  pledged  or  deposited  and  is  subject  to  a  lien)  for 
(describe  the  nature  of  the  lien),  and  that  it  would  be  for  the  benefit  of  the 
estate  that  said  property  should  he  redeemed  and  discharged  from  the  lien 


232  FORMS  IN  BANKKUPTOY. 

thereon.     Wherefore,  he  prays  that  he  be  empowered  to  pay  out  of  the  assets 

of  said  estate  in  his  hands  the  sum  of ,  being  the  amount  of  said 

lien,  in  order  to  redeem  said  property  therefrom. 

Dated  this day  of ,  A.  D.  19.  . . 

> 

Trustee. 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for 
a  hearing  before  me,  of  which  hearing  ten  days'  notice  w^as  given  by  mail  to 
creditors  of  said  bankrupt,  now  after  due  hearing,  no  adverse  interest  being 

represented  thereat   (or  after  hearing   in  opposition  thereto), 

it  is  ordered  that  the  said  trustee  be  authorized  to  pay  out  of  the  assets  of  the 

bankrupt's  estate  specified  in  the  foregoing  petition  the  sum  of , 

being  the  amount  of  the  lien,  in  order  to  redeem  the  property  therefrom. 

Witness  my  hand  this day  of ,  A.  D.  19 .  .  . 


Referee  in  Barikruptcy. 


FORM  No.  143. 


PETITION  FOR  ORDER  OF  PROTECTION. 


In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 
OP 


Banl-rnpt. 


No. 


To ,  Esq.,  Referee  in  Bankruptcy: 

Your  petitioner  respectfully  shows : 

That  he  was  adjudicated  bankrupt  herein  on  the day  of , 

19.  . .,  and  on  the  same  day  this  proceeding  in  bankruptcy  was  duly  referred. 

That  your  petitioner  has  not  yet  made  application  for  his  discharge  herein. 

That  your  petitioner  has  reason  to  believe  that  he  is  liable  to  arrest  upon 
civil  process,  other  than  in  the  cases  specified  in  Section  9-a  of  the  Bankruptcy 
Act  of  1898. 


FORMS  IN  BANKRUPTCY.  233 

That  no  previous  application  lias  been  made  to  this  or  any  other  oonrt  for 
the  order  hereinafter  asked. 

Wherefore,  your  petitioner  prays  for  an  order  of  protection  from  arrest,  as 
provided  in  said  Section  9-a  and  General  Order  Xll  (1). 

Dated ,  19 


Petitioiier. 
[Verification.] 

NOTES. 
Rarely  used. 

See,  generally,  Section  9-a.  Consult  also  General  Order  XIT  (1).  The  application 
generally  takes  the  form  of  a  petition  for  an  injunction  ajjainst  further  proceedings  in 
a  suit,  on  the  theory  that  a  body  execution  is  a  step  in  a  suit. 

In  re  Marcus  (C.  C.  A.  1st  Cir.),  5  Am.  B.  R.  365;  105  Fed.  907;  45  C.  C.  A.  115. 


FORM  No.  144. 

ORDER  OF  PROTECTION. 


United  States  District  Court, 

for  the    District  of 

In  Bankru|)tey. 


In  the  ]\Iatter 

OF 


No, 


Bankrupt. 


The  al>ove  named  haukrupt  havin<jf,  on  the day  of ,  10.  ., 

applied  for  aii  order  of  protection,  and  it  appearing  that  one  year  has  not 

yet  elapsed  since  the  date  of  his  adjudication,  viz.,  the day  of , 

19...,  and  that  he  has  not  yet  been  discharged  herein,  now  on  motion  of 
,  Esq.,  attorney  for  said  l)ankru])t.  it  is 

Ordered,  that  all  persons  and  officers  be  and  they  hereby  are  prohibited 
from  arresting  the  said  liaiikrupt  on  civil  process,  save  in  the  eases  specified 
in  subdivisions  (1)  and  ('2)  of  Section  9-a  of  the  Bankruptcy  Law  of  1898, 
and  amendments  thereto,  until  twelve  months  after  the  date  of  such  adjudica- 
tion, or,  if  within  that  time  the  bankrupt  applies  for  a  discharge,  then  until 
the  question  of  such  discharge  is  determined. 


Referee  in  Bankruptcy. 
Dated ,  19... 


PART  IV. 

PROOFS  OF  DEBT  AND  PROCEEDINGS  FOR  ALLOW- 
ANCE OF  CLAIMS. 

Form  No.   145.  Proof  of  unsecured  Debt. 

146.  Proof  of  secured  Debt. 

147.  Proof  of  Debt  due  Corporation. 

148.  Proof  of  Debt  by  Partnership. 

149.  Proof  of  Debt  by  Agent  or  Attorney. 

150.  Proof  of  secured  Debt  by  Agent  or  Attorney. 

151.  Proof  of  Debt  by  Municipality  for  Taxes  and  Notice. 

152.  Proof  of  Priority  Claim  for  Wages. 

153.  Proof  of  Debt  by  Trustee  in  Bankruptcy. 

154.  Affidavit  of  lost  Bill  or  Note. 

155.  General  Letter  of  Attorney  in  Fact. 

156.  Acknowledgment  to  Letter  of  Attorney  by  >rember  of  Partnership. 

157.  Acknowledgment  to  Letter  of  Attorney  by  Corporation. 

158.  Special  Letter  of  Attorney. 

159.  Objections  to  Proof  of  Debt. 

160.  Petition  that  Proof  of  Debt  be  re-examined. 

161.  Order  for  Re-examination  of  Claim. 

162.  Notice  to  Claimant  tliereon. 

163.  Notice  by  Order  .to  show  Cause.      (Substitute  for  Form  No.  162.) 

164.  Order  expunging  or  reducing  Proof  of  Debt. 

165.  Order  allowing  Proof  of  Debt. 

166.  Order  for  Li(iuidation  of  Claim. 

167.  Petition  for  Payment  of  priority  Claims  and  Schedule  thereof. 

168.  Order  for  Payment  of  priority  Claims. 

169.  Petition  to  review  Order  expunging  Proof  of  Debt. 

^  170.  Petition  that  all  Claims  to  Securities  etc.  be  filed  and  referred. 

171.  Order  to  show  Cause  thereon. 

172.  "  Omnibus  "  Order  directing  that  Claims  to  Securities  etc.  be  filed  anl 

referred. 

[234] 


FORMS  IN  BANKRUPTCY.  235 


FORM  No.  145. 

[Official.] 
PROOF  OF  UNSECURED  DEBT. 


In  the  District  Court  of  the  United  States, 

for  tlie District  of 

In  Bankruptcy. 


In  thk  ]\Lvtteu 

OF 


Bankrupt. 


y  Xo. 


At ,  in  said   district  of ,  on  the 

day  of ,  A.  D.,  19 .  . . ,  came 

of ,  in  the  County  of   ,  in  said 

District  of and  made  oath,  and  savs  that 


the  person  ])y  (or  against)   whom  a  petition  for  adjudication  of  hankruptcy 
has  been  filed,  was  at  and  before  the  filing  of  said  petition,  and  still  is,  justly 

and  truly  indel)ted  to  said  deponent  in  the  sum  of dollars ; 

that  the  consideration  of  said  debt  is  as  follows : 

that  no  j)art  of  said  debt  has  been  paid  (except 

); 

that  there  are  no  set-offs  or  counterclaims  to  the  same  (except 

)  and  that  deponent  has  not,  nor 

has  any  person  by  his  order,  or  to  his  knowledge  or  belief,  for  his  use,  had  or 
received  any  manner  of  security  for  said  debt  whatever.  .  *that  said  debt  is  one 

existing  in  open  account  and due  on  the day  of 

,  19.  .  . ,  and  no  note  has  been  received  for  such  account,  nor 

any  judgment  rendered  thereon. 


Creditor. 

Subscribed  and  sworn  to  before  me  this day  of 

A.  D.  19. 

*See  General  Orders,  XXI,  i. 


(Official  character.) 


236  FORMS  IN  BANKRUPTCY. 

NOTES. 

Proof  and  allowance  of  claims.     Act  Sec.  57-a,  b,  c,  d,  m,  n. 

General  Orders  XX,  XXI,  1. 

Practice. 

In  re  Sumner,  4  Am.  B.  R.  123;   101  Fed.  224. 

In  re  Di;nn  Hardware  and  Furniture  Co.,  13  Am.  B.  R.  147;  132  Fed.  719. 

Proofs  of  debt  must  show  at  least  (1)  the  claim,  (2)  the  consideration  therefor,  (3) 
security  held  therefor,  (4)  payments  thereon,  (5)  that  sum  claimed  is  justly  due  and 
owing. 

it  is  the  duty  of  tlic  referee  to  examine  the  proofs  filed  to  ascertain  whetlier  they 
comply  with  tiie  statute  and  general  orders. 

In  re  Goble  Boat  Co.  (D.  C.  X.  Y.),  27  Am.  B.  R.  48;  190  Fed.  92. 

Undisclosed  credits,  erasure  of  word  "  except  "  after  "  no  part  of  said  debt  has  been, 
paid." 

In  re  (iirvin  (D.  C.  N.  Y.),  20  Am.  B.  R.  490;  160  Fed.  197. 

What  may  be  considered  as  a  claim. 

In  re  Faulkner  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  542;  161  Fed.  900;  88  C.  C.  A.  505. 

Court  maj'  not  allow  inequitable  claims. 

In  re  Dove  Harris  Woodworth  Co.  (Ref.  N.  Y^.),  N.  Y.  Law  Journal,  April  10,  1916. 

When  not  "  duly  proved." 

In  re  Goble  Boat  Co.  (supra). 

Proof  by  representative  of  a  class. 

In  re  Salvator  Brewing  Co.  (C.  C.  A.  2nd  Cir.),  28  Am.  B.  R.  56;  193  Fed.  989; 
113  C.  C.  A.  626;  aff'g  s.  c.  26  Am.  B.  R.  21 ;  188  Fed.  522. 

All  the  formalities  required  in  ordinary  pleadings  do  r.ot  apply  to  tlie  filing  of  a 
proof  of  debt  in  bankruptcy. 

Kelsey  v.  Munson  (C.  C.  A.  8th  Cir.),  28  Am.  B.  R.  520;  198  Fed.  841;  117  C.  C. 
A.  483. 

Statement  of  Consideration. 

In  re  Stevens,  5  Am.  B.  R.  806;  107  Fed.  243.  In  re  Creasinger,  17  Am.  B.  R.  538; 
145  Fed.  224.     "For  legal  services,"  insufficient. 

In  re  Scott,  1  Am.  B.  R.  553;  93  Fed.  418. 

Allegations  founded  upon  "  information  and  belief,"  not  sufficient. 

In  re  United  Wireless  Telegraph  Co.  (D.  C.  Me.),  29  Am.  B.  R.  848;  201  Fed.  445. 

A  statement  that  claim  is  for  "  goods,  wares  and  merchandise  "  is  insufficient. 

In  re  Blue  Ridge  Packing  Co.,  11  Am.  B.  R.  36;  125  Fed.  619. 

In  re  Morris,  18  Am.  B.  R.  828;  154  Fed.  211. 

In  re  Brett,  12  Am.  B.  R.  492;  130  Fed.  981. 

In  re  Coventry  Evans  Furniture  Co.,  22  Am.  B.  R.  272;  106  Fed.  516. 

Withdrawal  of  note  from  proof  of  debt.     Sec.  57-b. 

In  re  Loden,  25  Am.  B.  R.  917;  184  Fed.  965. 

Failure  to  file  written  instrument  with  proof  of  claim  under  Sec.  57-b  raises  ni> 
presumption  against  its  existence. 

\Miitney  v.  Dresser  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  747;  135  Fed.  495;  alUd,  200 
U.  S.  532,  535;  50  L.  Ed.  584. 

Absence  of  date  in  deposition. 

In  re  Blue  Ridge  Packing  Co.  {supra). 

Not  a  pleading,  but  a  deposition.  Should  state  the  origin  and  character  of  the 
debt  and  the  items  thereof. 

In  re  Creasinger  {supra). 

In  re  United  Wireless  Telegraph  Co.  (supra). 

Proof  of  debt  prima  facie  evidence  of  the  indebtedness. 


FORMS  IN  BANKRUPTCY.  237 

Whitney  v.  Dresser  (supra). 

A  proved  claim  does  not  become  allowed  by  the  filing  thereof. 

Jn  re  Two  Rivers  Woodenware  Co.  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  518;  199 
Fed.  877;  118  C.  C.  A.  325. 

Oath  and  acknowledgment  thereof. 

Proof  made  under  power  of  attorney,  acknowledged  before  a  foreign  consul  is 
sufficient. 

In  re  Sugenheimer  (D.  C.  N.  Y.),  1  Am.  B.  R.  425;  91  Fed.  744. 

When  taken  before  notary  of  another  State  no  further  proof  of  authority  required 
than  signature  and  seal. 

In  re  Pancoast,  12  Am.  B.  R.  275;  129  Fed.  G43. 

Claim  sworn  to  before  claimant's  attorney  of  record  as  notary  j)roi)er. 

In  re  Kimball.  4  Am.  B.  R.  144;  100  Fed.  777. 

Amendment  of  verification. 

In  re  Medina  Quarry  Co.  (D.  C.  X.  Y.),  24  Am.  B.  R.  769;  170  Fed.  920. 

Assigned  claims.    See  General  Order  XXI. 
HoAv  proven. 

In  re  Finlay  Bros.,  3  Am.  B.  R.  738;  104  Fed.  G75. 

Assignment  of  claim  after  bankruptcy  and  before  proof  should  be  supported  by 
affidavit  of  assignor,  owner  at  time  of  tiling  of  petition  setting  forth  the  consideration. 
In  re  :McCarthy  Portable  Elevator  Co.  (D.  C.  N.  J.),  30  Am.  B.  R.  247:  205  Fed.  9S6. 
Such  facts  should  be  shown  as  will  estop  the  assignor  from  making  the  same  claim. 
In  re  Miner,  8  Am.  B.  R.  248;  114  Fed.  998;  9  Am.  B.  R.  100;  117  Fed.  953. 

Filing  of  Proof. 

In  re  French  (D.  C.  Mass.),  25  Am.  B.  R.  77;  181  Fed.  583. 

A  creditor  by  filing  a  claim  in  bankruptcy  acquiesces  in  the  adjudication. 

In  re  New  York  Tunnel  Co.  (C.  C.  A.  2d  Cir.),  21  Am.  B.  R.  531;  IGG  Fed.  284;  92 
C.  C.  A.  202. 

Where  a  trustee  to  whom  a  proof  of  claim  has  been  delivered  does  not  deliver 
such  proof  of  claim  to  the  referee,  creditor  cannot  be  charged  with  failure  to  file  proof 
and  it  is  a  sufficient  filing  of  the  proof. 

J.  B.  Orcutt  Co.  V.  Green  (U.  S.  Sup.),  17  Am.  B.  R.  72;  204  U.  R.  9G;  51  L.  Ed. 
390;  rev'g  In  re  Ingalls  Bros.  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  512;  137  Fed.  517;  70 
C.  C.  C.  101. 

In  re  Kessler  et  al.  (C.  C.  A.  2d  Cir.),  25  Am.  B.  R.  512;  184  Fed.  51;  107  C.  C.  A. 
13;  rev'g  23  Am.  B.  R.  901 ;  176  Fed.  647. 

In  re  Fairlamb  Co.,  28  Am.  B.  R.  515;    199  Fed.  27S. 

Not  extended  to  employee  of  trustee. 

In  re  Lathrop,  Haskins  and  Co.  (C.  C.  A.  2d  Cir.),  28  Am.  B.  R.  756;  107  Fed.  164; 
116  C.  C.  A.  601. 

Creditor  entitled  to  interest. 

In  re  John  Osborn's  Sons  and  Co.  (C.  C.  A.  2d  Cir.),  24  Am.  B.  R.  65;  177  Fed.  184; 
100  C.  C.  A.  392. 

Computation  of  interest  to  date  of  filing  of  petition  not  iiiten>l"d  to  apply  fo  a 
solvent  estate,  when  interest  may  be  allowed  subsequent  to  filing  of  petition. 

Johnson  v.  Xorris  (C.  C.  A.  5th  Cir.),  27  Am.  B.  R.  107;  190  Fed.  450;  111  C. 
C.  A.  291. 

An  adjudication  in  involuntary  bankruptcy  is  not  res  adjudicata  as  to  tlie  validity 
or  amount  of  a  petitioning  creditor's  claim. 

In  re  Continental  Corporation,  14  Am.  B.  R.  538. 


1:38  FOHMS  IX  BAXKKUFTCY. 

See  Ayres  v.  Cone  et  al.  (C.  C.  A.  8th  Cir.),  U  Am.  B.  R.  739;  138  Fed.  778;  71  C, 
C.  A.  144. 

Nor  does  it  dispense  with  the  necessity  of  making  and  filing  formal  proof  of  debt. 

In  re  Harper,  23  Am.  B.  R.  918;  175  Fed.  412. 

Judgment  creditor  must  file  in  order  to  share  in  estate. 

In  re  Rosenberg,  16  Am.  B.  R.  465;   144  Fed.  442. 

In  re  McBryde,  3  Am.  B.  R.  729;  99  Fed.  686. 

Indorser  on  notes  of  bankrupt  may  not  file  claim  under  Sec.  57-i  until  creditor  has 
failed  to  do  so. 

In  re  Manhattan  Brush  Mfg.  Co.  (D.  C.  N.  Y.),  31  Am.  B.  R.  747;  209  Fed.  997. 

Waiver  by  filing  claim. 

Lynch  v.  Bronson,  20  Am.  B.  R.  409;  160  Fed.  139;  In  re  Kenyon,  19  Am.  B.  R.  194; 
1.56  Fed.  863. 

In  re  Lewensohn  (D.  C.  X.  Y.),  3  Am.  B.  R.  594;  99  Fed.  73. 

Mere  taking  a  promissory  note  without  any  payment  thereon  dots  not  discharge 
an  original  debt  having  any  privileges  under  the  Bankruptcy  Act. 

In  re  ^Vorcester  Co.,  4  Am.  B.  R.  496;  102  Fed.  808;  42  C.  C.  A.  637. 

Dowse  V.  Hammond,  130  Fed.  103;  64  C.  C.  A.  437. 

When  right  to  bring  action  not  waived  by  filing  proof  of  claim. 

Frey  v.  Torrey  (X.  Y.  Ct.  of  App.),  175  X.  Y.  501;  aff'g  8  Am.  B.  R.  196;  70  App. 
Div.  (X.  Y.)  166;  aff'g  6  Am.  B.  R.  448. 

In  re  Jacob  Berry  and  Co.  (C.  C.  A.  2d  Cir.),  23  Am.  B.  R.  27;  174  Fed.  409; 
98  C.  C.  A.  360;  aff'g  146  Fed.  623. 

In  re  Buchans  Soap  Corp.  (D.  C.  X.  Y.),  22  Am.  B.  R.  382;  169  Fed.  1017. 

(ioods  obtained  by  "false  representations." 

Maxwell  v.  :\Iartin,  22  Am.  B.  R.  93;  130  App.  Div.  (X.  Y^)  80;  114  X  Y.  Sup]).  349. 

Standard  Sewing  Machine  Co.  v.  Alexander,  68  So.  Car.  506;  47  S.  E.  711. 

Flection  of  remedies. 

In  re  Stewart  (D.  C.  X.  Y.),  24  Am.  B.  R.  474;  178  Fed.  403. 

Time  limit  for  proving  claims.    Sec.  57-n. 

No  statutory  riylit  to  file  after  one  year.  Applies  only  to  claims  sought  to  be 
asserted  in  the  bankruptcy  proceedings. 

Xorfolk  and  West.  R.  Co.  v.  Graham  (C.  C.  A.  4tli  Cir.),  16  Am.  B.  R.  610;  145 
Fed.  809 ;  76  C.  C.  A.  385. 

In  re  Meyer  (D.  C.  Ore.),  25  Am.  B.  R.  44;  181  Fed  904. 

Xot  binding  on  the  United  States. 

In  re  Stoever,  11  Am.  B.  R.  345;  127  Fed.  394. 

Judgment.     In  re  Rosenberg   (supra). 

In  re  Leibowitz,  6  Am.  B.  R.  268;  lOS  Fed.  617. 

Attaching  creditor.    In  re  Baird  and  Co.,  18  Am.  B.  R.  228;  1.54  Fed.  215. 

\Mien  year  expires. 

In  re  Co-operative  Knitting  Mills,  30  Am.  B.  R.  181;  202  Fed.  1016. 

Failure  to  file  through  accident  or  mistake  no  excuse. 

In  re  Sanderson,  20  Am.  B.  R.  396;  160  Fed.  278. 

In  re  Peck,  20  Am.  B.  R.  629;  161  Fed.  762. 

In  re  Pettingill  and  Co.  (D.  C.  Mass.),  14  Am.  B.  R.  763. 

S.-e  In  re  Fagan,  15  Am.  B.  R.  520;  140  Fed.  758. 

In  re  Blond   (D.  C.  Mass.),  34  Am.  B.  R.  193;   ISS  Fed.  452. 

Nunc  pro  tunc  order  cannot  be  entered. 

In  re  Co-operative  Knitting  ^Mills   (supra). 

A  creditor  who  has  not  received  any  notice  of  the  proceeding  and  has  no  actual 
knowledge  thereof  may  not  prove  his   claim  after  year  has  expired. 

In  re  Muskoka  Lumber  Co.  (D.  C.  X.  Y.),  11  Am.  B.  R.  761;  127  Fed.  886. 


FORMS  IN  BANKRUPTCY.  239 

Amendments  of  proof. 

In  re  Stevens.  5  Am.  B.  R.  806;  107  Fed.  243. 

Changing  cliaracter  of  claim  by  amendment  not  usually  allowed. 

In  re  Miner's  Brewing  Co.,  20  Am.  B.  R.  717;  162  Fed.  327. 

In  re  McCallum  and  McCallum  (D.  C.  Pa.),  11  Am.  B.  R.  447;  127  Fed.  768. 

When  allowed. 

In  re  Roeber  (C.  C.  A.  2d  Cir.),  11  Am.  B.  R.  464;   127  Fed.  122;   62  C.  ('.  A.  122. 

In  re  Robinson,  14  Am.  B.  R.  626;  136  Fed.  994. 

In  re  Myers  and  Charni,  3  Am.  B.  R.  760;  99  Fed.  601. 

In  re  Home  and  Co.,  23  Am.  B.  R.  590. 

In  re  Fisk  and  Robinson   (D.  C.  N.  Y.),  34  Am.  B.  R.  194. 

Wlien  defective  in  some  substantial  particular  the  proof  may  be  Huicndcd  even  after 
the  expiration  of  the  year. 

In  re  Kessler  and  Co.  (C.  C.  A.  2d  Cir.),  25  Am.  B.  R.  .512;  1S4  Fed.  ,"1;  107 
C.  C.  A.  13;  rev'g  (s.  c.)   23  Am.  B.  R.  901;  176  Fed.  647. 

May  be  amended  by  itemizing  though  year  has  expired. 

In  re  Creasinger,  17  Am.  B.  R.  538;  145  Fed.  224. 

Hutchinson  v.  Otis  (U.  S.  Sup.),  10  Am.  B.  R.  1.35;  1!)0  U.  S.  552;  47  L.  Ed.  1179; 
aff'g  s.  c.  8  Am.  B.  R.  382;  115  Fed.  937. 

Brown  v.  O'Connell  (C.  C.  A.  9th  Cir.),  29  Am.  B.  R.  653;  200  Fed.  229;  118 
C.  C.  A.  415. 

When  assignment  of  unlilcd  claim  is  filed  within  tlie  year,  the  claim  may  he 
amended  after  the  year. 

Bennett  v.  American  Credit  Indemnity  Co.  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  258; 
1.59  Fed.  624;  80  C.  C.  A.  614. 

Amendment  of  proof  not  filed  in  regular  form  with  referee  during  the  year. 

In  re  Salvator  BreAving  Co.  (C.  C.  A.  2d  Cir.),  28  Am.  B.  R.  56;  193  Fed.  989;  113 
C.  C.  A.  626;  affg  s.  c.  26  Am.  B.  R.  21;  188  Fed.  522. 

In  re  Kessler  (C.  C.  A.  2d  Cir.)    (supra). 

In  re  Basha  and  Son  (C.  C.  A.  2d  Cir.),  27  Am.  B.  R.  435;  200  Fed.  951;  119 
C.  C.  A.  335;  rev'g  s.  c.  27  Am.  B.  R.  435;   193  Fed.  151. 

In  re  Hamilton  Automobile  Co.  (C.  C  A.  7th  Cir.),  31  Am.  B.  R.  205;  209  Fed.  596; 
126  C.  C.  A.  418. 

Powell  V.  Leavitt  (C.  C.  A.  1st  Cir.),  18  Am.  B.  R.  10;  150  Fed.  89;  80  C.  C.  A.  43. 

In  re  Fairlamb  Co.,  28  Am.  B.  R.  515;  199  Fed.  278. 

See  In  re  Lathrop,  Ilaskins  and  Co.  (C.  C.  A.  2d  Cir.),  28  Am.  B.  R.  756;  197  Fed. 
164;  116  C.  C.  A.  601. 

In  re  Booth  (D.  C.   N.  Y.),  33  Am.  B.  R.  183;  216  Fed.  575. 

Letter  to  receiver  in  bankruptcy  not  sufficient. 

In  re  Thompson  (D.  C.  N.  J.),  34  Am.  B.  R.  242;  222  Fed.  167;  air'd,  36  Am.  B. 
R.  190;  227  Fed.  981. 

"  Liquidated  by  litigation." 

In  re  Landis.  19  Am.  B.  R.  420:  1.56  Fed.  318. 

In  re  Strobel  (D.  C.  N.  Y.),  20  Am.  B.  R.  884;  160  Fed.  916. 

In  re  Keyes,  20  Am.  B.  R.  183;  160  Fed.  763. 

In  re  Noel  (Powell  v.  Leavitt)  (C.  C.  A.  1st  Cir.).  18  Am.  B.  R.  10;  150  Fed.  89-. 
80  C.  C.  A.  43;  rev'g  10  Am.  B.  R.  457;  144  Fed.  439. 

In  re  Mertens  and  Co.  (C.  C.  A.  2d  Cir.),  16  Am.  B.  R.  825;  147,  Fed.  177;  77 
C.  C.  A.  473. 

In  re  E.  0.  Thompson's  Sons,  10  Am.  B.  R.  581  ;  123  Fed.  174. 

In  re  Prindle  Pump  Co.  (D.  C.  N.  Y.),  10  Am.  B.  R.  405. 

In  re  Damon  and  Co.,  14  Am.  B.  R.  809. 


240  FOEMS  IN  BANivKUPTCY. 

In  re  Baiid  and  Co.,  IS  Am.  B.  R.  228;  154  Fed.  215. 

In  re  Coventry  Evans  Furniture  Co.  (D.  C.  N.  Y.),  22  Am.  B.  R.  623;   171  Fed.  G73. 

In  re  Otto  F.  Lange  Co.  (D.  C.  la.),  22  Am.  B.  R.  414;  170  Fed.  114. 

In  re  Salvator  Brewing  Co.  (C.  C.  A.  2d  Cir.),  28  Am.  B.  R.  56;  193  Fed.  1)89:  113 
C.  C.  A.  626;  aff'g  s.  c.  26  Am.  B.  R.  21;  188  Fed.  522. 

In  re  Standard  Telephone  and  Electric  Co.  (D.  C.  Wis.),  26  Am.  B.  R.  601;  186 
Fed.  586. 

In  re  Venstrom,  30  Am.  B.  R.  569;  205  Fed.  325. 

Does  not  apply  to  litigation  between  third  parties. 

In  re  Daniel,  29  Am.  B.  R.  284. 

When  not  aHuwed  as  *'  liquidated  by  litigation." 

In  re  Prindle  Pump  Co.  (D.  C.  N.  Y.),  10  Am.  B.  R.  405. 

In  re  Kemper,  15  Am.  B.  R.  675;  142  Fed.  210. 

"VSTien  agreement  between  litigants  constitutes  "  liquidated  by  litigation." 

First  National  Bank  of  Atlanta  v.  Cameron,  31  Am.  B.  R.  209;  209  Fed.  611;  126 
C.  C.  A.  433. 

^\^len  ordfr  of  adjudiwition  is  appealed  from  and  ai)peal  is  subsequently  dismissed. 

In  re  Lee  (D.  C.  Pa.),  22  Am.  B.  R.  820;  171  Fed.  266. 

Deficiency  on  forclosure  may  not  be  proved  after  expiration  of  year.  Tlie  debt 
should  have  been  proved  as  a  secured  debt. 

In  re  Sampler  (C.  C.  A.  2d  Cir.),  22  Am.  B.  R.  357;   170  Fed.  938;  96  C.  C.  A.  98. 

The  words  "  Liquidated  by  litigation  "  extend  to  claim  of  a  surety  on  an  appeal 
bond. 

in  r,'  Lyons  B.-et  Sugar  Refining  Co.,  27  Am.  B.  R.  610;   192  Fed.  445. 

Filing  of  proof  of  debt  after  compulsory  surrender  of  preference  allowed  even 
thouyli  more  than  a  year  had  expired,  and  referee  may  be  compelled  on  motion  to 
accept  same. 

In  re  John  A.  Baker  Notion  Co.  (D.  C.  N.  Y.),  24  Am.  B.  R.  808;   180  Fed.  922. 

In  re  Clark,  24  Am.  B.  R.  388;   176  Fed.  955. 

In  re  EUetson  Co.,  28  Am.  B.  R.  434;  193  Fed.  84. 

Page  V.  Rogers  (U.  S.  Sup.),  21  Am.  B.  R.  496;  211  U.  S.  575;  53  L.  Ed.  .332; 
rev'g  15  Am.  B.  R.  502;  149  Fed.  194;  79  C.  C.  A.  153. 

Union  Central  Life  Ins.  Co.  v.  Drake  (C.  C.  A.  8th  Cir.),  32  Am.  B.  R.  252;  214 
Fed.  536;   131  C.  C.  A.  82. 

In  re  Opi)enheimer,  15  Am.  B.  R.  267;   140  Fed.  51. 

Keppel  V.  Tifiin  Savings  Bank  (U.  S.  Sup.),  13  Am.  B.  R.  .552;  197  U.  S.  356;  49 
L.  Ed.  790. 

Sec.  57-n  forbidding  proof  of  claims  subsequent  to  one  year  after  adjudication 
cannot  be  taken  to  exclude  amendments. 

Hutchinson  v.  Otis-Wilcox  and  Co.  (V.  S.  Sup.),  10  Am.  B.  R.  135;  190  U.  S.  552; 
47  L.  Ed.  1179;  aff'g  8  Am.  B.  R.  382;   115  Fed.  937. 

In  re  Mowery,  22  Am.  B.  R.  239. 

In  re  Crenshaw,  19  Am.  B.  R.  502;  156  Fed.  638.  

Edelstein  v.  United  States  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  649;  149  Fed.  636;  79 
C.  C.  A.  328. 

Surrender  of  preferences. 

Since  amendment  of  1903  confined  to  cases  where  a  person  receiving  a  preference 
had  reasonable  cause  to  believe  that  it  was  intended  as  such,  and  to  transfers  where  the 
persons  making  them  did  so  with  fraudulent  intent. 

In  re  Bloch    (C.  C.  A.  2d  Cir.),  15  Am.  B.  R.  748;    142  Fed.  674;   74  C.  C.  A.  250. 

In  re  Andrews  (Hardy  v.  Cray)  (C.  C.  A.  Ist  Cir.),  16  Am.  B.  R.  337;  144  Fed.  922; 
75  C.  C.  A.  562;  aff'g  14  Am.  B.  R.  247;  135  Fed.  599. 


FORMS  IN  BANKRUPTCY. 


241 


567. 


OS  V.  Hakes  (C.  C.  A.  7th  Cir.),  15  Am.  B.  R.  696;   142  Fed.  364;   73  C.  C.  A.  464. 

In  re  Pfaffinger,  18  Am.  B.  R.  807;  154  Fed.  528. 

In  re  Mines,  16  Am.  B.  R.  495;  144  Fed.  543. 

Cooper  V.  Miller  (C.  C.  A.  6th  Cir.),  30  Am.  B.  11.  194;  2U3  Fed.  383;   121  C.  C.  A. 

Constam  v.  Haley  (C.  C.  A.  6th  Cir.),  30  Am.  B.  R.  650;  206  Fed.  260;  124  C  C.  A. 
128. 

Election  of  Remedies.     Estoppel  by  tiling  claim. 

In  re  Jacob  Berry  and  Co.  (C.  C.  A.  2d  Cir.),  23  Am.  B.  R.  27;  174  Fed.  409;  98  C. 
C.  A.  360. 

Thomas  v.  Taggart,  19  Am.  B.  R.  710;  209  U.  S.  385;  52  L.  Ed.  845;  aff'g  17  Am. 
B.  R.  467;  149  Fed.  176. 

l)u  Vivier  and  Co.  v.  Calliee  (C.  C.  A.  2d  Cir.),  17  Am.  B.  R.  557;  149  Fed.  118; 
80  C.  C.  A.  556. 

In  re  Kenyon,  19  Am.  B.  R.  194;   156  Fed.  863. 


FORM  No.  146. 

PROOF  OF  SECURED  DEBT. 

In  the  District  Court  of  tiie  United  States, 

for  the District  of 

In  Bankruptcy. 


At 


Ix  THE  Matter 

OF 


Bankrupt. 


No. 


, ,  on  the 


in  said District  of 

day  of ,  A.  D.  19 .  .  . ,  came 

of ,  in  the  County  of ,  State  of 

in  said    District  of   and  made  oath,   and  says  that 

the  said the  person  l)y  (or  against)    

whom  a  petition  for  adjudication  of  ])ankruptcy  has 

been  filed at  and  iiefore  the  filing  of  said  petition,  and 

still justly  and  truly  indebted  to  said  deponent  in  the  sum  of 

dollars : 

tliat  the  said  delit  exists  upon 


242  FORMS  IX  BAMvKl  PTCY. 

of  which  a is  hereto  annexed ;  that  the  cousideratiou  of  said 

debt  is  as  follows: 


that  tlu-  said  debt due  on 


the  average  due  date  being ,  19 .  .  ; 

and  that  no  note  has  heen  received  for  the  said  del)t  nor  any  judgment 
rendered  thereon  except  as  aforesaid ;  that  no  part  of  said  debt  has  been  paid 
except    


that  there  are  no  set-offs  or  counterclaims  to  the  same  except 

that  the  only  securities  held  by  this  deponent  for  said  debt  are  the  following 


Creditor. 
Subscribed  and  sworn  to  1)efore  me 
this   day  of    19... 

(Official  chararfer.) 


NOTES. 

Claims  of  secured  creditors. 

Sections  57-(a),  (e),  construed. 

In  n-  Cramond,  17  Am.  B.  R.  22;   145  Fed.  900. 

In  re  llines,  10  Am_.  B.  R.  495;  144  IVd.  543. 

(lorman  v.  Wright  (C.  C.  A.  4t]i  Cir.),  14  Am.  B.  R.  1.3.-.:  1.30  F.  .1.  104:  00  C.  C. 
A.  70. 

Emerine  v.  Tarault  (C.  C.  A.  Gtli  Cir.),  34  Am.  B.  R.  53;  219  Fed.  OS;  134  C.  C. 
A.  000. 

Provability  of  secured  claim  accruing;  after  filing  of  petition. 

British  and  Ajnerican  Mortgage  Co.  v.  Stuart  (C.  C.  A.  5th  Cir.) ,  31  Am.  B.  R.  405; 
210  Fed.  425;  127  C.  C.  A.  157;  rehearing  denied,  31  Am.  B.  R.  .544;  210  Fed.  4.30. 

lIoUK-r  of  a  mortgage  upon  a  homestead  a  '"  secured  creditor." 

Fenley  v.  Poor  (C.  C.  A.  0th  Cir.),  10  Am.  B.  R.  377;   121  Fed.  739:  5S  C.  C.  A.  21. 

Creditor  holding  a  note  containing  waiver  of  exemptions  a  secured  creditor. 

In  re  Meredith  (D.  C.  Ga.),  10  Am.  B.  R.  331  ;  144  Fed.  230. 

Cannot  prove  botli  debt  and  collateral  therefor. 

First  National  Bank  of  Beaumont  v.  Eason  (C.  C.  A.  5th  Cir.),  17  Am.  B.  R.  593; 
149  Fed.  2r»4:  79  C.  C.  A.  102. 

\n  re  Waterhx.  Organ  Co.,  20  Am.  B.  R.  110;  1.54  Fed.  057:  S3  C.  C.  A.  481. 

When  rejected  as  a  secured  debt  may  be  allowed  to  amend  ])roof  so  as  to  come  in 
as  an  unsecured  creditor. 

Seligman  v,  Cray  (C.  C.  A.  1st  Cir.).  .35  Am.  B.  R.  510:  227  Fed.  417. 


FORMS  IN  BANKRUPTCY.  243 

Marshalling  securities  after  liquidation.  Sexton  v.  Dreyfus  et  al.  (U.  S.  Sup.), 
25  Am.  B.  R.  363;  219  U.  S.  339;  55  L.  Ed.  244;  rev'g  In  re  Kessler  and  Co.  (C.  C.  A. 
2d  Cir.),  24  Am.  B.  R.  287;  180  Fed.  979;  103  C.  C.  A.  582;  and  s.  c.  22  Am.  B.  R.  606; 
171  Fed.  751. 

Secured  claim  allowed  onh-  for  balance  after  deducting  value  of  security. 

In  Pennsylvania,  a  mortgagee  after  foreclosure  may  not  prove  claim  on  the  bond. 

In  re  Davis  (C.  C.  A.  3d  Cir.),  23  Am.  B.  R.  446;  174  Fed.  556;  98  C.  C  A.  338; 
aff'g  8.  c.  23  Am.  B.  R.  156. 

Referee  has  power  to  determine  validity  of  secured  claim  before  sale  of  encumbered 
j)roperty. 

In  re  Quinn  (C.  C.  A.  8th  Cir.),  21  Am.  B.  R.  264;   165  Fed.  144;  91  C.  C.  A.  178. 

Application  of  security. 

Iliscock  V.  Varick  Bank,  IS  Am.  B.  R.  1;  206  U.  S.  28;  51  L.  Ed.  945;  aff'g  In  re 
Mertens,  15  Am.  B.  R.  362;    144  Fed.  818;  75  C.  C.  A.  548. 

Creditor  has  a  right  in  absence  of  instructions  to  the  contrary  to  credit  payments 
on  an  unsecured  rathiT  than  on  a  secured  debt. 

In  re  Johnson,  11  Am.  B.  R.  138;   125  Fed.  838. 

Secured  by  accommodation  indorser. 

In  re  Xoyes  Bros.  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  506;  127  Fed.  286;  62  C.  C. 
A.  218. 

Priority  over  wage  earner. 

In  re  Proudfoot,  23  Am.  B.  R.  106;  173  Fed.  733. 

Allowance  of  claim  over  $500  as  secured  cannot  be  reviewed  by  Circuit  Court  of 
Appeals  by  petition  to  review,  but  only  by  appeal  from  the  order. 

Grainger  and  Co.  v.  Riley  (C.  C.  A.  6th  Cir.),  29  Am.  B.  R.  114;  201  Fed.  901; 
120  C.  C.  A.  415. 

Waiver  of  lien. 

Dunn  Salmon  Co.  v.  Pillmore,  19  Am.  B.  R.  172:  56  Misc.   (N.  Y.)  546. 

In  re  Fisk  and  Robinson  (D.  C.  X.  Y.),  34  Am.  B.  R.  194. 

Vote  of  secured  creditor. 

In  re  Columbia  Iron  ^Vork8.  14  Am.  B.  R.  526;   142  Fed.  234. 

Brown  v.  City  National  Bank  (X.  Y.  Sup.  Ct.),  26  Am.  B.  R.  638;  72  Misc.  (N.  Y.) 
201;  131  X.  Y.  Supp.  92. 

^^^len  mortgage  creditor  has  proved  his  claim  solely  for  tiie  purpose  of  enforcing 
his  lien  against  the  proceeds  of  sale  of  the  mortgaged  property  sold  by  the  trustee, 
he  does  not  become  liable  for  proportionate  share  of  tlie  costs  of  the  general  administra- 
tion of  the  estate. 

Mills  V.  Virginia-Carolina  Lumber  Co.  (C.  C.  A.  4th  Cir.),  20  Am.  B.  R.  750; 
164  Fed.  168;  90  C.  C.  A.  154. 

Right  of  trustee  to  set  aside  transfer  made  as  security. 

In  re  Sam  Z.  Lorch  and  Co..  28  Am,  B.  R.  784;   199  Fed.  944. 

Allowance  as  secured  claim  under  Minnesota  statute  for  su|)plies  furnished  motor 
v<'hicle. 

In  re  :McAllister-X<wgord  Co.   1 1).  C.  Minn.),  27  Am.  B.  R.  459;    193  Fed.  265. 

Mortgage  vvitiilield  from  the  record. 

Fourth  National  Bank  of  Macon  v.  Willingham,  32  Am.  B.  R.  159;  213  Fed.  219; 
129  C.  C.  A.  563. 


244 


rOliMS  1^   BANKKUPTCY. 


FORM  No.  147. 

PROOF  OF  DEBT  DUE  CORPORATION. 


In  the  District  Court  of  the  United  States, 

i'or  the   District  of 

la   lUuikruptcy. 


In  the  Matter 

OF 


Banl-rnpt. 


No. 


At ,  in  suid district  of 

on  the day  of ,  A.  D.  19 .  .,  came ,  of in  the 

County  of ,  and  State  of ,  and  made  oath  and 

says  that  he  is ,  of  the ,  a  corporation 

incorporated  by  and  under  the  laws  of  the  State  of ,  and 

carryinsj:  on  business  at in  the  County  of 

and  State  of   ,  and  that  he  is  duly  authorized  to  make 

this  proof,  and  says  that. the  said   ,  the  person  by  (or 

asjainst)   whom  a  petition  for  adjudication  of  bankruptcy  has  been  filed,  was 
at  and  before  the  fding  of  said  })etition,  and  still  is  justly  and  truly  inde])tcd 

to  said  corporation  in  the  sum  of   dollars ;  that 

the  consideration  of  said  debt  is  as  follows : 


that  no  j)art  of  said  debt  lias  l)cen  paid 


(except 


)  ;  that  there  are  no  set-offs  or  counterclaims  to 


the  same  cxccjit 


and  tluit  said  corporation  has  not,  nor  lins  any  ]iorson  l)y  its  order,  or  to  the 
knowlcd<i^e  or  belief  of  said  deponent,  for  its  use,  had  or  received  any  manner  of 
security  for  said  debt  whnttncr;  tliat  said  debt  is  one  existing;  in  open  account 
aiul   due  on  the dav  of , 


P^ORMS  IN  BANKRUPTCY. 


i45 


19...,  and  no  note  has  been  received  for  such  account,  nor  any  judgmeiit 
rendered  thereon. 


of  said  corporation. 

Subscribed  and  sworn  to  before  nie  this day  of 

,  A.  D.  ID... 


[  Officia I  ch  aracter. ] 

NOTES. 

Proof  by  corporation  should  be  made  by  treasurer.  May  be  made  through  its 
agent  or  attorney  when  sufficient  reason  is  shown  why  it  is  not  made  by  treasurer,  or  if 
it  has  none,  by  the  officer  whose  duties  most  nearly  correspond  to  those  of  treasurer 
as  provided  by  General  Order  No.  XXI. 

In  re  E.  Reboulin  Fils  and  Co.,  19  Am.  B.  R.  215;  165  Fed.  245. 

U'hat  not  sufficient  reason  for  such  proof  in  case  of  foreign  corporation,     s.  c. 

When  proof  is  not  made  by  the  treasurer  insert  the  following  clause: 

"  That  the  reason  this  proof  is  not  made  by  the  treasurer  is  that etc. 

[stating  reason],  and  tliat  deponent  is  an  officer  of  such  corporation  whose  duties  most 
nearly  correspond  to  those  of  treasurer." 


FORM  No.  148. 

[OficiaL] 


PROOF  OF  DEBT  BY  PARTNERSHIP. 


In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


IX    THE    ]\IaTTEK 
OF 


BanWupt. 


No. 


At ill  said district  of , 

on  the day  of ,  A.  D.  19 ... ,  came 

,  of ,  in  the  County  of , 


246  EOKMS  IN  BANKKUFTCY. 

in  said  district  of and  made  oath  and  says  that  he  is 

one  of  the  firm  of consisting  of  himself  and 

,  of ,  in  the  County  of 

and  State  of 


that  the  said the  person  by  (or  against)  whom  a 

petition  for  adjudication  of  bankruptcy  has  been  filed,  was  at  and   before 
the   filing  of  said  petition,  and  still  is,  justly  and  truly   indebted  to  this 

deponent's  said  firm  in  the  sum  of dollars ; 

that  the  consideration  of  said  debt  is  as  follows : 


;  that  no  part  of  said  delit  has  been  paid 

(except    

); 

that  there  are  no  set-offs  or  counter-claims  to  the  same  (except 


)  ;  and  this  deponent  has  not,  nor  has  his  said 

firm,  nor  has  anv  person  ]\v  their  order,  or  to  this  deponent's  knowledge  or 
belief,  for  their  use,  had  or  received  any  manner  of  security  for  said  debt  what- 
ever.* That  no  note  has  been  received  for  any  part  of  said  debt  nor  any  judg- 
ment rendered  thereon. 


Crediior. 
Subscrilied  and  sworn  to  before  me  this 
day  of A.  D.  19... 


{Official  character.) 
*  See  General  Orders  XXI,  1. 


FORMS  IN  BANKRUPTCY. 


247 


FORM  No.  149. 

[Official.] 

PROOF  OF  DEBT  BY  AGENT  OR  ATTORNEY. 

la  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  Matteu 

OF 


Bankrupt. 


No. 


At ,  in  said   district  of ,  on  the 

day  of ,  A.  D.  19 . . . ,  came , 

of in  the  County  of ,  and  State  of 

,  Attorney  (or  authorized  x\gent)  of , 

of in  the  County  of ,  and  State  of 

,  and  made  oath  and  says  that , 

the  person  by  (or  against)   whom  a  petition  for  adjudication  of  bankruptcy 
has  been  filed,  was  at  and  before  the  filing  of  said  petition,  and  still  is  justly 

and  truly  indebted  to  said in  the  sum  of 

dollars;  that  the  consideration  of  said  debt  is  as  follows: 


(except 


;  that  no  ])art  of  said  del)t  has  been  paid 
): 


and  that  this  deponent  has  not,  nor  has  any  person  by  his  order,  or  to  this 
deponent's  knowledge  or  belief,  for  his  use  had  or  received  any  manner  of 
security  for  said  debt  whatever.  And  this  deponent  further  says,  that  this 
deposition  can  not  be  made  by  the  claimant  in  person  ])ecause 


and  that  he  is  duly  authorized  by  his  principal  to  make  this  affiflavit,  and  that 
it  is  within  his  knowledge  that  the  aforesaid  debt  was  incurred  as  and  for  the 
consideration  above  stated,  and  that  such  debt,  to  the  best  of  his  knowledge 


248  FOKMS  IX  BANKEUPTCY. 

and  belief,  still  remains  unpaid  and  unsatisfied  ;*  no  note  has  been  received  for 
any  part  of  said  debt  nor  any  judgment  lendered  thereon. 

> 

Subscribed  and  sworn  to  before  me  this   day  of 

,  A.  D.  19... 

> 

{Official  character.) 
*  See  General  Orders  XXI,  1. 


FORM  No.  150. 

[Official] 
PROOF  OF  SECURED  DEBT  BY  AGENT  OR  ATTORNEY. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matteu 

OP 


Banl-rupt. 


Xo. 


At ,  in  said   district  of on  the 

day  of ,  A.  D.  19 .  . . ,  came of , 

in  the  County  of ,  and  State  of attorney 

(or  authorized  agent)  of ,  in  the  County  of , 

and  State  of ,  and  made  oath,  and  says  that , 

the  person  by   (or  against)   whom  a  petition  for  adjudication  of  bankruptcy 
has  been  filed  was,  at  and  before  the  filing  of  said  petition,  and  still  is.  justly 

and  truly  indebted  to  the  said in  the  sum  of 

dollars :  that  the  consideration  of  said  debt  is  as  follows : 


); 


that  no  part  of  said  debt  has  been  paid  (except 

that  there  are  no  set-offs  or  counter-claims  to  the  same  (except 

); 

and  that  the  only  securities  held  by  said for  said  debt 

are  the  followinsr :   


FORMS  IN  BANKRUPTCY.  249 

and  this  deponent  furtlier  says  that  this  deposition  cannot  lie  made  by  the 
claimant  in  person  because   

and  that  he  is  duly  autiiorized  by  his  principal  to  make  this  deposition,  a;:d 
that  it  is  within  his  knowledge  that  the  aforesaid  debt  was  incurred  as  and 
for  the  consideration  above  stated. 

That  no  note  has  been  received  for  any  part  of  said  deljt,  nor  any  judg- 
ment rendered  thereon   

} 

Subscribed  and  sworn  to  before  me,  this 

day  of ,  A.  D.  19... 

(Official  character.) 


FORM  No.  151. 

PROOF    OF    DEBT    FOR    TAXES    BY    MIINICIPAL,ITY    AITD    NOTICE    TO 

REFEREE. 

In  the  District  Court  of  the  ITnited  States, 

for District  of : 


IX    THE    ]\rATTER 
OF 


Bankrupt. 


In  Bankruptcy  No. 


At  the  City  of in  said  District  of ,  on  the 

day  of ,  A.  D.  19 .  .  . ,  came , 

of  the  City  of ,  in  the  County  of and 

State  of    ,   and   made   oath  and    says  that  ho   is  the 

Receiver  of  Taxes  of  the  City  of    a  domestic  municipal 

corporation  incorporated  l)y  and  under  the  laws  of  the  State  of ; 

that  he  is  duly  authorized  to  make  this  proof  and  says  further  that  tlio  said 
the  person  l)y  (or  against)  whom  a  petition  for  adjudi- 
cation  in  l)ankruptcy  has  been   filed,  was  at  and  before  the  fding  of  said 

petition,  and  still  is  justly  aiul  truly  indebted  to  said  City  of , 

in  the  sum  of  $ :  that  the  consideration  of  said  debt  is  as  follows: 

The  amount  of  arrears  for  personal  taxes  for  the  year  19.  . .  .,  imposed  on 
said  bankrupt  together  with  interest  thereon  at  the  rate  of per  cent. 


250  FORMS  IN  BANKRUPTCY. 

per  annum  from  the   day  of   ,  19 ....  ;  that  no 

part  of  said  debt  has  been  paid  (except 

); 

that  there  are  no  set-offs  or  counter-claims  to  the  same,  (except 

); 

that  the  said  City  of has  not  nor  has  any  person  by  its 

order  or  to  the  knowledge  or  belief  of  deponent,  for  its  use,  had  or  received  any 
manner  of  security  for  said  debt  whatever;  that  no  note  has  been  received  for 
said  claim  nor  any  part  thereof  nor  any  judgment  rendered  thereon,  except 
as  aforesaid. 


Eeceiver  of  Taxes  of  ihe  Citi/ 

of "• 

Subscribed  and  sworn  to  before  me  this day 

of ,  A.  D.  10... 


Notary  Public 

To  Honorable    , 

Referee  in  Bankruptcy. 

Street. 


County. 


T  hereby  give  you  notice  that  the  foregoing  claim  against , 

is  a  claim  entitled  to  priority  and  you  will  please  take  notice  that  I  appear 
as  attorney  for  the  claimant  herein,  and  that  you  are  required  to  serve  all 
papers  in  this  matter  in  any  way  affecting  the  above  claim  upon  the  under- 
signed at  the  Bureau  for  Collection  of  Arrears  of  Personal  Taxes  at 

Street,  City  of 

Yours,  etc.. 


Corporation  Counsel. 


FORMS  IN  BANKRUPTCY 


J51 


FORM  No.  152. 


PROOF  OF  PRIORITY  CLAIM  FOR  WAGY13. 


In  the  District  Court  oi'  the  United  States, 

for  the District  of 

In  Bankrui)tev. 


Ix  THE  Matter 

OF 


Bankrupt. 


V    Xo. 


At   ill  said   district  of   , 

on  the day  of A.  D.  10 .  .  . ,  came 

of ,  in  the  County  of , 

in  said  district  of ,  and  made  oatli,  and  savs  that 


the  person  hy  (or  airainst)  whom  a  petition  for  adjudication  of  l)ankruptcy  lias 
heen  filed,  was  at  and  hefore  the  filing  of  said  petition,  and  still  is,  justly  and 

truly  indebted  to  said  deponent  in  the  sum  of dollars ; 

that  the  consideration  of  said  debt  is  as  follows : 

wages  as  a of  said  l)ankrupt  earned  from  the 

day  of ,  19 ... ,  to  the day  of , 

19.  . .,  and  witliin  three  months  prior  to  filing  of  the  petition  herein  and  for 
which  deponent  claims  priority  of  payment  under  Sec.  64  b  (4)  of  the 
Bankruptcy  Act. 

That  no  part  of  said  de])t  has  been  paid  (except 

); 

that  there  are  no  set-offs  or  counter-claims  to  the  same  (except 


)  and  that  deponent  lias  not,  nor  has  any  ])erson 

by  his  order,  or  to  his  knowledge  or  belief,  for  his  use,  had  or  received  any 
manner  of  security  for  said  debt  whatever;*  that  said  debt  is  one  existing  in 

open  account  and due  on  the day  of 

'  19.  .  .,  and  no  note  has  been  received  for  such  account,  nor  any  judgment 
rendered  thereon. 


Credxior. 


*See  General  Crder,  XXI,  1. 


252 


FOliMS  IN  BANKKUPTCY. 


Subscribed  and  sworn  to  before  me  this 

day  of ,  A.  D.  19, 


{Official  character.) 


FORM  No.  153. 


PROOF  OF  DEBT  BY  TRUSTEE  IN  BANKRUPTCY. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Y    Xo, 


Banl-rupt. 


At  the  County  of ,  in  said District  of 

on  the day  of ,  19 .  . . ,  comes 

,  of  the  County  of ,  in  the  city  of ,  in  said 

District  of and  says  that,  ( 

Company   was   a  corporation    incorporated   by   and   under   the   laws  of   the 

State  of and  carrying  on  business  in  the  city  of 

,  County  of ,  S'^ate  of )  ;  that 

on  or  about  the day  of ,  19 .  . .  a  petition  of 

involuntar}^  bankruptcy  was  filed  against  said in  the 

office  of  the  Clerk  of  the  United  States  District  Court  for  the 

District  of ;  that  thereafter  sucli  proceedings  were  had  on 

the  said  petition  that  the  said    was  duly  adjudged  a 

bankrupt  on  the day  of 19 .  .  ;  that  at  a  meeting  of 

creditors  of  the  said  l)ankrupt.  held  at  the  otTice  of ,  Eeferee 

in  Bankruptcy,  on  the day  of ,  19 ... ,  deponent  was 

duly  appointed  Trustee  of  the  estate  of  the  above  named  bankrupt  and  required 

to  file  a  bond  in  the  penalty  of ;  thereafter  deponent  duly 

qualified   by   filing   a   bond    in    the   penalty   required ;   that   said   bond    was 
approved  by  the  said  referee  and  deponent  has  continued  to  act  and  is  now 

acting  as  such  trustee  in  bankruptcy ;  that 

against  whom  (or  which)  a  petition  for  adjudication  in  bankruptcy  has  been 


FORMS  IN  BANKRUPTCY. 


253 


liled,  was  at  or  before  the  filing  of  the  said  i)etitiou,  and  still  is,  justly  and 

truly  indebted  to  said  deponent  in  the  sum  of  -15 ;  that  the 

consideration  of  said  debt  is  as  follows : 

> 

that  a  statement  of  the  said  account  is  hereto  annexed;  that  no  part  of  said 
debt  has  been  paid;  that  there  are  no  set-offs  or  counter-claims  to  the  same; 
that  deponent  has  not,  nor  has  any  person  by  his  order  or  to  his  knowledge  or 
belief,  for  his  use,  had  or  received  any  numner  of  security  for  said  debt  what- 
ever; that  no  note  has  been  received  for  the  said  debt,  nor  has  any  judgment 
been  rendered  thereon. 


Subscribed  and  sworn  to  before  me  this 
day  of ly... 


(Official  cliaracter. 


FORM  No.  154. 

[Ofjicial.] 


AFFIDAVIT  OF  LOST  BILL,  OR  NOTE. 

In  the  District  Court  of  the  United  States  for  the 

of : 

In  Bankruptcy. 


District 


In  the  Matter 

OF 


BanliTupt. 


'   No, 


On  this day  of ,  A.  D.  19 .  . ,  at ,  came , 

of ,  in  the  County  of ,  and  State  of ,  and 

makes  oath  and  says  that  the  bill  of  exchange  \or  note],  the  particulars  whereof 
are  underwritten   has  l)een  lost  under  the  following  circumstances,  to  wit, 


and  that  he,  this  deponent,  has  not  l)een  able  to  find  the  same ;  and  this 

deponent  further  says  that  he  has  not,  nor  has  the  said or 

any  person  or  persons  to  their  use,  to  this  deponent's  knowledge  or  belief, 
negotiated  the  said  1)111  \or  note],  nor  in  any  manner  parted  with  or  assigned 


254 


FORMS  IX  BANKRUPTCY, 


the  legal  or  benelicial  interest  therein,  or  any  part  thereof;  and  that  he,  this 
deponent,  is  the  person  now  legally  and  beneficially  interested  in  the  same. 

Bill  or  note  above  referred  to. 


Date. 


Drawer  or  Maker. 


Acceptor. 


Sum. 


Subscribed  and  sworn  to  before  me,  this 
day  of A.  D.  1!).  . 


{Official  character.) 


FORM  No.  155. 

[Official.] 
GENERAL.  LETTER  OF  ATTORNEY  IN  FACT. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


Ix  THK  Matter 

OF 


y    No. 


Banlriipf. 


To 


of in  the  County  of and  State  of 

do  hereby  authorize  you,  or  any  one  of  you,  to  attend  the  meeting  or  meetings 
of  creditors  of  the  bankrupt  aforesaid,  at  a  court  of  bank- 
ruptcy, wherever  advertised  or  directed  to  be  holden,  on  the  day  at  the  hour 
appointed  and  notified  by  said  court  in  said  matter,  or  at  such  other  place 
and  time  as  may  be  appointed  by  the  Court  for  holding  such  meeting  or  meet- 
ings, or  at  which  such  meeting  or  meetings,  or  any  adjournment  or  adjourn- 


FORMS  IN  BANKRUPTCY.  255 

ments  thereof  may  he  hekl,  and  then  and  there  I'rom  time  to  time,  and  so 

often  as  there  may  he  occasion,  for and  in name  to 

vote  for  or  against  any  proposal  or  resolution  that  may  he  then  suhmitted 
under  the  Acts  of  Congress  relating  to  ])ankru])tcy ;  and  in  the  choice  of  trustee 

or  trustees  of  the  estate  of  said  haid>;ru])t ,  and  for to 

assent  to  sucli  ai»pointment  of  trustee;  and  with  like  powers  to  attend  and 
vote  at  any  other  meeting  or  meetings  of  creditors  or  sitting  or  sittings  of  the 
court,  which  may  I)e  held  therein  for  any  of  the  purposes  aforesaid ;  also  to 
accept  any  composition  proposed  l)y  said  l)ankrupt in  satisfac- 
tion of del)ts,  and  to  receive  payment  of  dividends,  and  of 

money  due under  any  composition,  and  for  any  other 

purpose  in   interest  whatever,  with  full  ])ower  of  suhstitu- 

tion. 

In  witness  whereof liave  hereunto  signed 

name and  affixed seal 

the day  of A.  D.  19 .  .  . 

or,  [In  witness  whereof,  the  said  corporation  has  caused  these  presents  to  he 

signed  and  its  corporate  seal  to  he  affixed  the day  of , 

A.  D.  19.  ...] 

Signed,  sealed  and  delivered 
in  presence  of 


*  Acknowledged  hefore  me  this 

dav  of A.  D.  19 , 


( Officia I  ch  nracier. ) 
See  General  Orders,  XXI.  5. 


FORM  No.  156. 

acknowledgment   to   letter   of   attorney  by  member   of 

partnership. 

State  of , 

Countv  of 


On  the day  of 19 .  .  .  hefore  me  personally  came 

to  me  known  and  known  to  ine  to  he  one  of  the  persons 

descrihed  in  and  who  executed  the  foregoing  instrument  and  who  duly  acknowl- 
edged that  he  executed  the  same,  and  who  1)eing  hy  me  duly  sworn,  did  depose 
and  say  that  he  is  a  memher  of  said  partnership  and  is  duly  authorized  to 
execute  same  on  hehalf  of  his  said  firm. 


(Offirial  rharnrfrr.) 


256      .  FORMS  IX  BANKRUPTCY. 

FORM  No.  157. 
acknow^ledgment  to  letter  of  attorney  by  corporation. 

State  of 

County  of 


On  the day  of   .  . .  .  ^ ,  in  the  3'ear  19 .  . ,  l)efore  me 

personally  came   to  me  known,  who  hemg  hj  me  duly 

sworn,  did  depose  aiul  say  that  he  resided  'in   ;  that  he  is 

the   of  the   the  corporation  described  in 

and  which  executed  the  above  instrument;  that  he  knew  the  seal  of  said 
corporation  ;  that  the  seal  affixed  to  said  instrument  was  such  corporate  seal ; 
that  it  was  so  affixed  by  order  of  the  l)oard  of  directors  of  said  corporation,  and 
that  he  siarned  his  name  thereto  by  like  order. 


(Official  character.) 


FORM  No.  158. 

[Official.] 
SPECIAL  LETTER  OF  ATTORNEY  IN  FACT. 


In  the  District  Court  of  the  United  States, 

for  the District  of  . 

In  Bankruptcy. 


In  TiiK  ^Iatter 

OF 


No, 


Barilriipl. 


To 


of in  the  County  of and  State  of 

do  hereby  autliorize  you,  or  any  one  of  you,  to  attend 

the  meetinsT  of  creditors  in  this  matter,  advertised  or  directed  to  1)e  holden  at 


FORMS  IN  BANKRUPTCY.  257 

on  the   day  of ,  19 ... ,  before 


or  any  adjournment  thereof,  and  then  and  there for 

and  in name  to  vote  for  or  against 

any  proposal  or  resolution  that  may  l)e  lawfully  made  or  passed  at  such 
meeting  or  adjourned  meeting,  and  in  the  choice  of  trustee  or  trustees  of  the 
estate  of  said  l^ankrupt. 

In  witness  whereof have  hereunto  signed 

name and  affixed seal the 

day  of A.  D.  19.. 

[or,  in  case  of  cor{)oration  modify  as  in  Form  No.  155.] 
Signed,  sealed  and  delivered 
in  presence  of 


*Acknowledged  before  me  this 

dav  of A.  D.  19 .  . 


{Official  eharacier.) 

*  See  General  Orders,  XXI,  5. 

NOTES. 

Letter  of  Attorney. 

Requirement  of  d'encral  Order  XXT  (5)  as  to  oath  in  partnership  cases. 

In  re  Blue  Rid^re  Packing  Co.  (D.  C.  Pa.),  11  Am.  B.  R.  36;  12.5  Fed.  619. 

In  re  Finlay  Bros.   (1).  C.  X.  Y.),  3  Am.  B.  R.  73S;  104  Fed.  675. 

yiay  be  proved  or  acknowledged  before  a  .Justice  of  the  Peace  under  Sec.  20  of 
Bankruptcy  Act  and  not  limited  by  General  Order  XXI  (5)  to  a  referee,  United  States 
commissioner  or  notary  public. 

In  re  Roy  (D.  C.  N.  Y.),  26  Am.  B.  R.  4;  185  Fed.  551. 

In  re  Sugenheimer,  1  Am.  B.  R.  425;  91  Fed.  744. 

Attorney-at-la\v  may  not  vote  on  claim  unless  autliorized  by  duly  executel  power 
of  attorney  for  that  purpose.     No  presumption  of  authority. 

In  re  Scully,  5  Am.  B.  R.  716;  108  Fed.  372. 

In  re  Blankfein,  3  Am.  B.  R.  165;  97  Fed.  101.  In  ro  Capitol  Trading  Co.  Inc., 
30  Am.  B.  R.  339. 

Corporation  organized  as  a  board  of  trade  not  permitted  to  represent  creditor  under 
tlie  prohibition  of  New  York  statute  forbidding  corporations  to  practice  law  and 
under  General  Order  IV. 

L.  Meisel  and  Co.  v.  National  .Jewelers'  Board  of  Trade  (N.  Y.  App.  Tr.),  90  Misc. 
(N.  Y.)   19. 

When  attorney  disqualified  from  voting  under  power  of  attorney. 

In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526;   142  Fed.  234. 

Acknowledgment  before  commissioner  of  deeds  of  letters  running  to  himself  not 
permitted. 

In  re  Grossman  (D.  C.  N.  Y.),  34  Am.  B.  R.  32;  225  Fed.  1020. 

War  Revenue  Ta.x   (1914)  stamp  necessary  on  powers  of  attorney  to  vote. 

In  re  Hawley  (D.  C.  N.  Y.),  220  Fed.  372. 

In  re  Capitol  Trading  Co.  Inc.,  36  Am.  B.  R.  339. 


258 


FORMS  IX  BAXKKUPTCY. 


FORM  No.  159. 

OBJECTIONS  TO  PROOF  OF  DEBT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  ]\Iattek 

OF 


Banlrupt. 


y    Xo, 


To ,  Esq.,  Eeferee  in  Bankruptcy. 

I, Trustee  in  this  proceeding,  [or  a  creditor  herein] 

do  hereby  ohject  to  the  proof  of  debt  filed  on    ,   19.  .  .,  by 

■. .  .  an  alleged  creditor  for  $ That  said  objec- 
tion is  made  on  the  following  grounds  : 
[Here  set  forth  objections.] 

I  respectfully  request  that  said  proof  of  debt  be  rejected  and  disallowed  ar.d 
no  dividend  declared  upon  same. 

Dated ,19... 


Trustee. 


[Verification,  if  required  or  desired.] 


497. 


1G3. 


NOTES. 
Form  of  objections. 

In  re  Royce  Dry  Goods  Co.,  13  Am.  B.  R.  257;  133  Fed.  100. 
In  re  Linton,  7  Am.  B.  R.  676. 

Orr  V.  Park  (C.  C.  A.  5th  Cir.),  25  Am.  B.  R.  544;  183  Fid.  683;  106  C.  C.  A.  33. 
Spencor  v.  Lowe  (C.  C.  A.  8th  Cir.),  29  Am.  B.  R.  876;   198  Fed.  961;   117  V.  C.  A. 

Written  objections  not  necessary. 

Embry  v.  Bennett  (C.  C.  A.  6tli  Cir.),  20  Am.  B.  R.  651;  162  Fed.  139:  89  C.  C.  A. 

In  re  Cannon  (D.  C.  Pa.),  14  Am.  B.  R.  114;  133  Fed.  837. 

See  In  re  Shaw,  6  Am.  B.  R.  499;  109  Fed.  780. 

While  they  should  be  specific,  need  not  be  under  oath. 

In  re  Wooten  (D.  C.  N.  Car.),  9  Am.  B.  R.  247;  118  Fed.  670. 

Any  creditor  may  plead  Statute  of  Limitations  ajrainst  allowance  of  claim. 

In  re  Lafferty  and  Bro..  10  Am.  B.  R.  290:  122  Fed.  558. 

Duty  of  trustee  to  so  plead. 


FORMS  IX  BANKRUPTCY.  259 

In  re  Wooten,  9  Am.  B.  R.  247;  118  Fed.  670. 

Objection  may  be  made  at  any  time  before  estate  is  closed. 

In  re  Canton  Iron  and  Steel  Co.,  28  Am.  B.  R.  791 ;  197  Fed.  767. 

But  see,  In  re  Globe  Laundry,  28  Am.  B.  R.  831;  198  Fed.  365. 

Burden  of  proof. —  Upon  objector. 

In  re  Doty  (D.  C.  X.  Y.),  5  Am.  B.  R.  58. 

In  re  Castle  Braid  Co.  (D.  C.  X.  Y.),  17  Am.  B.  R.  143;  145  Fed.  224.  . 

In  re  Carter,  15  Am.  B.  R.  126;  138  Fed.  846. 

In  re  Sumner,  4  Am.  B.  R.  123;  101  Fed.  224. 

In  re  Pfaffingor,  18  Am.  B.  R.  807;  154  Fed.  528. 

Sworn  proof  is  prima  facie  evidence  of  its  allegations,  even  when  it  is  denied. 

Wiiitney  v.  Dresser  (U.  S.  Sup.),  15  Am.  B.  R.  326;  200  U.  S.  532;  50  L.  Ed.  584; 
aff's  13  Am.  B.  R.  747;  135  Fed.  495;  68  C.  C.  A.  207. 

In  re  T.  A.  Mclntyre  and  Co.  (C.  C.  A.  2d  Cir.),  24  Am.  B.  R.  1;  174  Fed.  627;  98 
C.  C.  A.  381. 

In  re  Montgomery,  25  Am.  B.  R.  431 ;  185  Fed.  955. 

See,  however,  In  re  Hudson  Porcelain  Co.  (D.  C.  X.  J.),  35  Am.  B.  R.  18;  225  Fed. 
325. 

But  not  to  be  regarded  as  self-proving  unless  relied  ujjon. 

In  re  T.  A.  Mclntyre  and  Co.  (supra). 

When  objections  to  allowance  of  claim  res  adjialicata. 

Ayrcs  v.  Cone  ct  al.   ( infra  ) . 

An  unsecured  creditor  may  object  to  proof  of  anotlier  creditor. 

In  re  Hatem,  20  Am.  B.  R.  470;   161  Fed.  895. 

Ayres  v.  Cone  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  730:  138  Fed.  778;  71  C.  C.  A.  144. 

See,  In  re  Lewensohn  (C.  C.  A.  2d  Cir.),  9  Am.  B.  R.  36S;  121  Fed.  538;  57  C.  C. 
A.  600. 

In  re  Arnold  and  Co.,  13  Am.  B.  R.  320;  133  Fed.  789. 

In  re  Canton  Iron  and  Steel  Co.   (supra). 

Mere  filing  of  objections  should  not  exclude  hona  file  claimants  from  voting. 

In  re  Kelly  Dry  Coods  Co  ,  4  Am.  B.  R.  528;   102  Fed.  747. 

Should  be  heard  promptly. 

Whitney  v.  Dresser   (U.  S.  Sup.)    (supra). 

AVhere  referee  has  disallowed  proof  of  debt,  judgment  of  District  Court  on  review. 

Moore  v.  Crandall  (C.  C.  A.  9th  Cir.),  30  Am.  B.  11.  517:  205  Fed.  689;  124  C.  C. 
A.  11. 

In  re  John  11.  Livingston  Co.  (C.  C.  A.  2d  Cir.),  16  Am.  B.  R.  385;  144  Fed.  971;  75 
C.  C.  A.  282. 

Allowance  of  claims. 

Claims  of  relatives  rigidly  scrutinized. 

Ohio  Valley  Bank  Co.  v.  Mack  (C.  C.  A.  6th  Cir.).  20  Am.  B.  R.  40:  163  Fed.  155; 
89  C.  C.  A.  005:  afTg  20  Am.  B.  R.  919. 

In  re  Rder  (D.  C.  X.  Y.).  3  Am.  B.  R.  192:  96  Fed.  Sll. 

In  re  Wooten.  9  Am.  B.  R.  247;  118  Fed.  670. 

In  re  Brewster  (D.  C.  X.  Y.),  7  Am.  B.  R.  4r0. 

Baumhauer  v.  Austin  (C.  C.  A.  5th  Cir.),  26  Am.  B.  R.  385:  186  Fed.  260:  108  C.  C. 
A.  306:  rev'g  In  re  Baumhauer,  24  Am.  B.  R.  750;  179  Fed.  966. 

When  claim  of  wife  disallowed.    In  re  Gervin,  20  Am.  B.  R.  490;  160  Fed.  197. 

In  re  Kaufman  (X.  Y.),  5  Am.  B.  R.  104;  104  Fed.  768. 

In  re  Tucker  (D.  C.  Mass.).  17  Am.  B.  R.  247;  148  Fed.  928. 

In  re  M'inkels  (D.  C.  Wis.).  12  Am.  B.  R.  696;  132  Fed.  590. 


260  FOEMS  IX  BANKRUPTCY. 

See  In  re  Foss,  17  Am.  C.  R.  439;  147  Fed.  790. 

Claim  of  wife's  estate  recognized  and  allowed  in  Vermont  under  certain  conditions. 

In  re  Hill  (D.  C.  Vt.),  27  Am.  B.  R.  146;  190  Fed.  390. 

But  allowed  m  Pennsylvania. 

in  re  Domenig  (D.  C),  11  Am.  B.  R.  552;  128  Fed.  146. 

Loan  from  separate  estate. 

James  v.  Gray  (Mass.)  (C.  C.  A.  1st  Cir.),  12  Am.  B.  R.  573;  131  Fed.  401;  65 
C.  C.  A.  385. 

Liability  for  unpaid  subscription  to  stock  cannot  be  set  off  against  debt  due  from 
corporation  as  not  being  mutual  debts. 

In  re  Howe  Mfg.  Co.  (D.  C.  Ky.),  27  Am.  B.  R.  477;  193  Fed.  524. 


FORM  No.  160. 

PETITION  THAT  PROOF  OF  DEBT  BE  RE-EXAMINED. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Banl'rupt. 


No, 


To  Esq.,  Iieferee  in  Bankruptcy: 

Your  petitioner  respectfully  shows : 

That  he  is  the  trustee  herein,  duly  qualified  and  acting.     That  a  proof  of 

delit  of of claiming  to  he  a  creditor  of 

the  said for  $ was  filed  herein  on  the day 

of ,  19.  .,  and  on  the day  of , 

in.  .  .,  duly  allowed. 

That  the  same  should  not  have  Ijeen  allowed  for  the  followinir  reasons:.  .  .  . 


That  the  attorney  for  said  claimant  is ,  Esq.,  of 

That  no  previous  application  has  been  made  for  the  order  asked  for  herein. 
"Wherefore,  your  petitioner  prays  that  the  said  proof  of  debt  l)e  re-examined, 
rejected  and  expunged  (or  reduced.) 

J 

Peiitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY.  261 

NOTES. 
General  Order  XXI,  6. 
Sufficiency  of  petition  to  re-examine. 

Xi'C'd  not  iille;L:e  facts  sufiioient  to  defeat  claim.  Only  necessary  to  allege  facts 
which,  if  true,  are  sullicient  cause  of  reconsideration. 

In  re  George  Watkinson  and  Co.,  12  Am.  B.  R.  370;  130  Fed.  218. 

In  re  Ankeny,  4  Am.  B.  R.  72;  100  Fed.  614;  2  N.  B.  X.  Rep.  249. 

Trustee  only  one  authorized  to  institute  proceedings. 

In  re  Sully  &  Co.  (D.  C.  N.  Y.),  15  Am.  B.  R.  304;  142  Fed.  mr,;  modified,  IH  Am. 

B.  R.  124;   152  Fed.  619. 

In  re  Lewensohn  (C.  C.  A.  2d  Cir.),  9  Am.  B.  R.  308;  121  Fed.  538;  57  C.  C.  A.  GOO. 
Trustee  only  one  authorized  to  appeal  from  order  allowing  claim. 
Chatfield  et  al.  v.  O'Dwyer  et  al.   (C.  C.  A.  8th  Cir.),  4  Am.  B.  R.  313;    101   Fed. 
797;  42  C.  C.  A.  30. 

Foreman  v.  Burleigh  et  al.    (C.  C.  A.  1st  Cir.),  6  Am.  B.  R.  230;    109  Fed.  313;  48 

C.  C.  A.  376. 

X'otice  should  be  sent  by  referee  to  claimant. 

In  re  Stoever,  5  Am.  B.  R.  250;  105  Fed.  355. 

Trustee  may  be  compelled  to  take  action  to  reconsider  claim  or  to  permit  objecting 
creditors  to  act  in  his  name. 

In  re  Stern  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  510;   144  Fed.  O.IG;  7(3  C.  C.  A.  10. 

In  re  Lewensohn  {supra). 

In  re  Levy,  7  Am.  B.  R.  56. 

In  re  Mexico  Hardware  Co.,  28  Am.  B.  R.  736;   197  Fed.  650. 

Creditor  moving  for  re-examination  of  claim  not  bound  to  indemnify  claimant 
under  General  Order  X. 

In  re  Elk  Valley  Coal  Mining  Co.,  31  Am.  B.  R.  545;  210  Fed.  386. 

Compare  In  re  Geo.  Watkinson  &  Co.  (D.  C.  Pa.),  12  Am.  B.  R.  370;  130  Ffd.  218. 

Where  there  is  no  trustee,  bankrupt  may  move  to  reconsider. 

In  re  Ankeny,  4  Am.  B.  R.  72;  100  Fed.  614;  2  N.  B.  X.  Rep.  249. 

Stockholders  whose  claims  have  been  expunged  may  not. 

In  re  Pittsburg  Lead  and  Zinc  Co.  (Cons.),  28  Am.  B.  R.  880;  198  Fed.  316;  revVl, 
Rosenbaum  v.  Button  (C.  C.  A.  8th  Cir.),  30  Am.  B.  R.  155;  203  Fed.  838;  122  C.  C.  A. 
156. 

Right  of  creditor  to  expunge  not  hijlier  than  that  of  the  bankrupt. 

In  re  E.  J.  Arnold  &  Co.,  13  Am.  B.  R.  320;  133  Fed.  7^9. 

Trustee  may  institute  a  joint  proceeding  against  several  creditors. 

In  re  Lyon,  7  Am.  B.  R.  61. 

But  better  practice  is  to  make  separate  proceeding  of  each  claim  under  objection. 

Burden  of  proof. 

On  petitioner. 

In  re  Doty,  5  Am.  B.  R.  58. 

Xo  rule  making  sworn  objections  to  a  claim  prima  facie  evidence  of  tlieir  Irutii 
(diet.).     In  re  Goble  Boat  Co.  (D.  C.  X.  Y.).  27  Am.  B.  R.  48;   190  Fed.  92. 

Effect  of  failure  of  claimant  to  file  answer. 

In  re  Lewis,  Eck  &  Co.  (D.  C.  Pa.),  18  Am.  B.  R.  657;   153  Fed.  495. 

In  re  Goble  Boat  Co.   {supra). 

Compare  In  re  Docker-Foster  Co.  (D.  C.  Pa.).  10  Am.  B.  R.  584;  123  Fed.  190. 

When  denied  for  laches  or  want  of  good  faith. 

In  re  Sully  &  Co.  {supra). 

In  re  Hamilton  Furniture  Co.,  8  Am.  B.  R.  588;   116  Fed.  11. t. 

In  re  Hinckel  Brewing  Co.  (D.  C.  N.  Y.),  10  Am.  B.  R.  484;   123  Fed.  942. 

In  re  Globe  Laundry  (D.  C.  Tenn.),  28  Am.  B.  R.  831;   198  Fed.  365. 

No  collnteral  attack  on  claim  upon  creditors'  petition  to  remove  trustee. 


262  FORMS  IX  BAXKEUPTCY. 

In  re  Roanoke  Furnace  Co.   (D.  C.  Pa.),  18  Am.  B.  R.  661;   1.52  Fed.  846. 

Defense  of  usury  available  to  trustee. 

In  re  Stern  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  510;  144  Fed.  956;  76  C.  C.  A.  10. 

In  re  Kellogg  (C.  C.  A.  2d  Cir.),  10  Am.  B.  R.  7;  121  Fed.  332;  57  C.  C.  A.  547; 
aff'g  113  Fed.  120. 

See,  Gray  v.  Grand  Forks  Mercantile  Co.  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  780;  138 
Fed.  344;   70  C.  C.  A.  634. 

So  also  as  to  Statute  of  Limitations. 

In  re  Wooten,  9  Am.  B.  R.  247;  118  Fed.  670. 

In  re  Kuffler  ^D.  C.  X.  V.),  IS  Am.  B.  R.  5S7;   153  Fed.  667. 

In  re  George  Zorn  &  Co.   (D.  C.  Pa.),  27  Am.  B.  R.  433;   193  Fed.  299. 

Bankrupt  may  not  waive  after  filing  of  the  petition  to  the  prejudice  of  trustee. 

In  re  George  Zorn  &  Co.  (supra  j. 

^Miere  an  order  of  referee  sustains  objection  to  claim  upon  prima  facie  case  of 
claimant  and  tlie  District  Court  reverses  order  and  "allows  claim  as  filed,"  the  latter 
order  is  erroneous  in  that  tlie  matter  should  be  sent  back  to  referee  to  allow  trustee 
to  offer  testimony  in  opposition  to  claim. 

In  re  John  H.  Livingston  Co.  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  385;  144  Fed.  971; 
75  C.  C.  A.  232. 

Reconsideration  of  claim  after  surrender  of  preference. 

In  re  Hamilton  Automobile  Co.  (C.  C.  A.  7th  Cir.),  31  Am.  B.  R.  295;  209  Fed.  596; 
126  C.  C.  A.  418. 

No  attorney's  docket  fee  for  hearing  before  referee  on  determination  of  claim. 

Peck  V.  Richter  (C.  C.  A.  8th  dr.),  33  Am.  B.  R.  11;  217  Fed.  880;  133  C.  C.  A. 
590. 


FORM  No.  161. 

ORDER  FOR  RE-EXAMINATION  OF  CLAIM. 


United  States  District  Court, 

District  of 


In  the  ^Matter 

OF 


Banl-rupt. 


T^pon  reafliii^  and  filing;  the  petition  of ,  the  trustee  herein, 

duly  verified,  praying  for  a  re-examination  of  the  claim  of , 

it  is 

Ordered  that  such  re-examination  he  had  and  it  is  further  ordered  that  tlie 

hearing  on  such  re-examination  he  fixed  for  the day  of , 

10 .  .  . ,  at  ....  o'clock  in  the  .  . .  .noon,  at  my  office,  No Street, 

Dated  ,  10... 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY. 


263 


FORM  No.  162. 


NOTICE   TO    CLAIMANT  THEREON. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  THi:  ]\Iatteu 

OF 


Bankrupf. 


I    No. 


To and ,  Esq.,  his  attorney : 

You  will  please  take  notice  that  the  Trustee  herein, 

has  filed  a  petition  duly  verified  asking  that  your  claim  against  the  a])Ove 
named  bankrupt,  he  re-examined,  rejected  and  expunged  (or  reduced)  for  the 
following  reasons :   


and  that  pursuant  to  order  for  such  re-examination  a  hearing  will  be  had  on 

such  ])etition  at  my  office.  No Street  in  the  city  of 

in  said  District  on  the day  of ,  19 . .  .,  at 

o'clock  .  .  M. 

Dated   ,  10... 


Referee  in  Bankrupfaj. 


264  FOKMS  IN  BANKRUPTCY. 


FORM  No.  163. 

NOTICE    BY    ORDER    TO    SHOAV    CAUSE.       (SUBSTITUTE    FOR    FOAM 

NO.    162.) 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matteu 

OF 


BanWupt. 


No. 


On  reading  and  filing  the  petition  of the  trustee  of  the 

estate  of  the  above  named  bankrupt,  verified  the day  of , 

19 . .  .,  hereto  annexed,  and  on  motion  of ,  Esq.,  attorney 

for  the  said  Trustee,  it  is 

Ordered,  that ,  an  alleged  creditor  of  the  estate  of  the 

above  named  bankrupt,  show  cause  before  me  at  my  office,  No 

Street,  city  of on  the day  of 19 ... , 

at o'clock  .  .]\r.  why  the  proof  of  claim  heretofore  filed  ]\v  said  alleged 

creditor  in  my  office,  be  not  re-examined,  rejected  and  expunged  (or  reduced) 
for  the  reasons  stated  in  said  petition  as  follows : 

And  it  is  further  ordered,  that  service  of  the  said  petition  and  of  this  order 
(by  mailing  copies  of  the  same  to  the  said  alleged  creditor  at  his  address), 
on  or  before  the  clay  of  ,  19.  .  .,  shall  be  sufficient. 

Dated ,  19.  .. 


Referee  in  Banl-rupicy. 


FORMS  IN  BANKRUPTCY.  265 

FORM  No.  164. 

ORDER  EXPUNGING  OR  REDUCING  PROOF  OF  DEBT. 

United  States  District  Court, 

for  the  District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl-rupt. 


No. 


The  trustee  of  the  estate  of  the  above  named  bankrupt  having  filed  in  the 
office  of  the  referee  a  duly  verified  petition  praying  that  the  proof  of  debt 

heretofore  filed  herein  by an  alleged  creditor  for 

$ be  re-examined,  rejected  and  expunged  (or  reduced),  and  an 

order  having  been  made  herein  that  a  hearing  be  had  thereon  on  the 

day  of   ,  19.  .,  and  due  notice  of  said  hearing  having  lieen 

given  to  said  claimant,  and  to  the  said  trustee,  and  the  said  claimant  having 
appeared  by  couiisel  on  said  day,  and  the  evidence  submitted  (or  testimony 
having  been  taken  thereon),  now  on  reading  and  filing  the  trustee's  said 

petition  and  upon  all  the  proceedings  had  herein  and  after  hearing , 

Esq.,  attorney  for  the  said  trustee,  in  support  of  said  petition  and , 

Esq.,  in  opposition  thereto,  it  is 

Ordered,  that  the  prayer  of  said  petition  be  and  the  same  is  hereby  granted, 
and  it  is  further 

Ordered,  that  said  claim  of be  and  it  hereby  is  rejected, 

disallovred  and  expunged  from  the  list  oi  claims  upon  the  record  in  this  case. 

(or  that  said  claim  of be  and  it  hereby  is  reduced  to 

$ and  allowed  at  said  amount  upon  the  list  of  claims  herein.) 

Dated ,19... 


Referee  in  BanJiruptcij. 


266  FOKMS  lx\  BANKKUPTCY. 


FORM  No.  165. 

ORDER  AiLOAVING  PROOF  OF  DEBT. 

United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Xo. 


Bankrupt. 


having  filed  in  the  oflfice  of  the  Eeferee  a 

proof  of  debt  against  the  estate  of  the  above  named  bankrupt  in  the  sum  of 

$ ,  and  the  said  proof  of  debt  having  been  objected  to  by  (the 

Trustee  or  certain  creditors)  and  the  o1)jections  having  come  on  for  a  hearing 

before  me,  and  testimony  having  been  ofEered  in  behalf  of in 

support  of  the  said  claim,  and  by  (the  Trustee  or  certain  objecting  creditors) 
in  opposition  thereto,  and  due  deliberation  having  been  had,  and  after  hear- 
ing   ,  Esq.,  attorney  for  the  said  claimant,  in  support  of  the 

said  claim,  and   ,  Esq.,  attorney  for   (Trustee  or  objecting 

creditors),  in  opposition  thereto,  it  is 

Ordered,  that  the  said  claim  l)e  and  the  same  is  hereby  allowed  in  the  sum 
of  $ and  the  objections  thereto  dismissed. 

Dated ,  19... 


Referee  in  Bnnl-rripfoj. 
NOTES. 
An  order  allowin;^  a  claim  is  an  adjudication  as  to  issues  involved  and  not  subject 
to  collateral  attack. 

Carr  v.  Barnes.  138  Mo.  App.  264;  120  S.  W.  705. 

Provable  claims. 

Provability  depends  upon  status  at  time  petition  is  filed. 

In   re  Pettingill,  U  Am.  B.  R.  728;   137  Fed.  143. 

In  re  Reading  Hosiery  Co.  (D.  C.  Pa.),  22  Am.  B.  R.  562;   171   Fed.  195. 

In  re  Burka,  5  Am.  B.  R.  12;  107  Fed.  674. 

In  re  Adams.  12  Am.  B.  R.  368;  130  Fed.  381. 

In  re  Bevins  et  al.  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  344;  165  Fed.  676:  91  C.  C.  A 


302. 


In  re  Simon   (D.  C.  N.  Y.).  28  Am.  B.  R.  611;   197  Fed.  105. 
Judgment  in  conversion  a  provable  claim. 


FORMS  IN  BANKRUPTCY.  267 

In  re  Hale,  20  Am.  B.  R.  633;   IGl  Fed.  387. 

Crawford  v.  Burke,  12  Am.  B.  R.  659;  195  U.  S.  176;  49  L.  Ed.  147;  rev'g  11  Am. 

B.  R.  15;  201  111.  581;  In  re  Xeff  (C.  C.  A.  6th  C'ir.),  1!)  Am.  B.  R.  2;J;  157  Fed.  57;  84 

C.  C.  A.  561. 

Claim  for  costs. 

In  re  Ilarnden  (D.  C.  N.  M.),  29  Am.  B.  R.  504;  200  Fed.  172. 

Indorsed  jjromissory  note. 

In  re  ISimon  (supra). 

In  re  Smith  (D.  C.  R.  I.),  17  Am.  B.  R.  112;  146  Fed.  923. 

Swarts  V.  Fourth  Xat.  Bank  of  St.  Louis,  8  Am.  B.  K.  673;  117  Fed.  1;  54  C.  C.  A. 
387. 

Failure  to  notify  indorser. 

In  re  T.  A.  Mclntyre  &  Co.  (D.  C.  N.  Y.),  28  Am.  B.  R.  459. 

Judgment  for  breach  of  promise  to  marry  provable.  In  re  Fife,  6  Am.  B.  R.  258; 
109  Fed.  880. 

In  re  MrCauIey.  4  Am.  B.  R.  122;  101  Fed.  223. 

Creditor  who  holds  voidable  i)reference. 

Stevens  v.  Nave  McCord  Mercantile  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  609;  150 
Fed.  71;  80  C.  C.  A.  25. 

Pledfiee  of  a  note  allowed  to  prove  for  full  amount  of  note,  if  nece.ssary  to  cover 
claim  though  amount  of  claim  due  is  less. 

In  re  Anger  Baking  Co.    (C.  C.  A.  2nd  Cir.),  36  Am.  B.  R.  261. 

Right  of  mortgagee  to  prove  claim. 

In  re  Beaver  Knitting  Mills  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  528;  154  Fed.  320; 
83  C.  C.  A.  240. 

Owner  of  bond  secured  by  mortgage  liquidated  after  petition  tiled  has  a  provable 
claim. 

In  re  Fitzgerald,  26  Am.  B.  R.  773;   191  Fed.  95. 

Right  of  bondholder  over  mortgage  trustee  to  prove. 

Mackay  v.  Randolph  Macon  Coal  Co.  (C.  C.  A.  8th  Cir.),  24  Am.  B.  R.  719;  178  Fed. 
881;   102  C.  C.  A.  11.5. 

Note  given  upon  previous  composition  provable. 

In  re  C.  II.  Bennett  Shoe  Co.,  20  Am.  B.  R.  704;   162  Fed.  691. 

A  charge  for  the  preparation  of  a  general  assignment  for  creditors,  made  within 
the  four  months  period  may  be  proved  as  an  unsecured  claim. 

Randolph  v.  Scruggs,  Trustee  (U.  S.  Sup.),  10  Am.  B.  R.  1;  190  U.  S.  533:  47  L.  Kd. 
1165. 

Stockholders  may  not  after  bankruptcy  rescind  their  contracts  and  prove  claims 
against  estate  for  money  paid  for  such  stock. 

Scott  V.  Abbott  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  335;  160  Fed.  573;  87  C.  C.  A.  475. 

"  Fi.xed  liability." 

I'heni.x  Xat.  Bank  v.  Waterbury  and  ano.  (N.  Y.  Ct.  of  App.),  23  Am.  B.  R.  250; 
197  N.  V.  Kil ;  aff'g  20  Am.  B.  R.  140. 

\'erdict  in  action  for  damages  for  personal  injuries  where  no  judgment  has  been 
entered  not  provable  as  not  being  a  ''  fi.xed  liability  "  within  Sec.  63-a   ( 1 ) . 

In  re  Ostrom  (D.  C.  ]\Iinii.),  26  Am.  B.  R.  273;  185  Fed.  988. 

Subscription  under  crr.tract  a  provable  debt  for  full  subscription  price. 

In  re  Butlalo  Mirror  &  Beveling  Co.,  15  Am.  B.  R.  122. 

Subscription  to  mercantile  agency. 

In  re  Glick  et  al.  (D.  C.  N.  Y.),  25  Am.  B.  R.  871;  184  Fed.  967. 

Bond  to  secure  payment  of  annuity  provable. 

Cobb  V.  Overman  (C.  C.  A.  4th  Cir.),  6  Am.  B.  R.  324;  109  Fed.  65;  48  C.  C.  A. 
223;  54  L.  R.  A.  369. 


268  FOEMS  IN  BANKRUPTCY. 

Contracts  for  Cash  Conveying  iJystems;   "Fixed  liability." 
In  re  Caswell-Massey  Co.  (U.  C.  N.  Y.),  31  Am.  B.  R.  426;  208  Fed.  571. 
In  re  Kugler  Syndicate,  No.  3422   (S.  D.  N.  Y.).     Not  reported. 
In  re  Miller  Bros.  Grocery  Co.,  31  Am.  B,  R.  430;  208  Fed.  573;  rev'd,  s.  c.  (C.  C. 
A.  6th  Cir.),  33  Am.  B.  R.  ;04;  219  Fed.  851;  135  C.  C.  A.  521. 

See,  Lamson  Consol.  Store  Service  Co.  v.  Rowland,  114  Fed.  639;  52  C.  C.  A.  335. 
Wilson  V.  Penn.  Trust  Co.,  S  Am.  B.  R.  169;   114  Fed.  742;  52  C.  C.  A.  374. 
In  re  Merwin  and  Willoughby  Co.  (D.  C.  N.  Y.),  30  Am.  B.  R.  485;  206  Fed.  116. 

Contingent  claims. 

In  re  James  Dunlap  Carpet  Co.,  20  Am.  B.  R.  882;  163  Fed.  541. 
In  re  Smith,   17  Am.  B.  R.   112;    146  Fed.  923. 
Cotting  V.  Hooper  Lewis  &  Co.   (Mass.  Sup.  Ct.),  34  Am.  B.  R.  23. 
Bankrupt's  liability  as  endorser  of  commercial  paper. 

Whitwell  V.  Wright,  23  Am.  B.  R.  747;  136  App.  Div.  (N.  Y.)  246;  120  N.  Y.  Supp. 
1065. 

Non-provable  claims. 

Claim  Avliieh  has  been  expressly  waived  or  forfeited  to  the  bankrupt. 

In  re  Howard,  4  Am.  B.  R.  69. 

A  claim  for  damages  for  tort  not  connected  with  any  contractual  liability  and  not 
reduced  to  judgment  before  institution  of  the  bankruptcy  proceedings  not  provable. 

In  re  Hirschmann,  4  Am.  B.  R.  715;  104  Fed.  69. 

In  re  Cushing,  6  Am.  B.  R.  22. 

Brown  and  Adams  v.  United  Button  Co.  (C.  C.  A.  3d  dr.),  17  Am.  B.  R.  565; 
149  Fed.  48;  79  C.  C.  A.  70;  aff'g  15  Am.  B.  R.  390;  140  Fed.  495. 

Claim  for  damages  for  death  of  intestate  by  wrongful  act. 

In  re  New  York  Tunnel  Co.  (C.  C.  A.  2d  Cir.),  20  Am.  B.  R.  25;  159  Fed.  688;  86 
C.  C.  A.  556. 

Assault  and  battery. 

Beers  v.  Hanlin,  3  Am.  B.  R.  745;  99  Fed.  695. 

Judgment  for  damages  for  personal  injuries  for  wrongful  act  when  recovered  after 
filing  of  the  petition. 

In  re  Crescent  Lumber  Co.,  19  Am.  B.  R.  112;  154  Fed.  724. 

In  re  Wigmore,  10  Am.  B.  R.  661. 

See,  In  re  Putnam  (D.  C.  Cal.),  27  Am.  B.  R.  923;  193  Fed.  464. 

Amount  of  fine  imposed  for  crime  in  State  court. 

In  re  Moore,  6  Am.  B.  R.  590;  111  Fed.  145. 

People  V.  Sheriff  of  Kings  County  (dictum),  31  Am.  B.  R.  84;  206  Fed.  566. 

Judgment  by  State  for  violation  of  Agricultural  Law. 

In  re  Abrahamson  and  Fiehhandler  (C.  C.  A.  2d  Cir.),  32  Am.  B.  R.  156;  210  Fed. 
878;  127  C.  C.  A.  462. 

Claim  for  penalty.     Actual  damage  sustained  only. 

In  re  Bevicr  Wood  Pavement  Co.   (D.  C.  N.  Y.),  19  Am.  B.  K.  462;    156  Fed.  583. 

In  re  Southern  Steel  Co.,  25  Am.  B.  R.  358;  183  Fed.  4<>S. 

In  re  Wenatchee  Heights  Orchard  Co.  (1).  C.  Wash.),  31  Am.  B.  R.  550. 

Liquidated  damages.     Actual  damage  must  be  shown. 

Nortliwest  Fixture  Co.  v.  Kilbourne  and  Clark  (C.  C.  A.  9th  Cir.),  11  Am.  B.  R. 
725;  128  Fed.  2.56;  62  C.  C.  A.  638 

Liquidated  damages  in  lease  for  residue  of  rent  after  bankruptcy  of  tenant. 

Merwin  v.  Willoughby  Co.,  30  Am.  B.  R.  485;  206  Fed.  116. 

Slocum  V.  Soliday,  25  Am.  B.  R.  460;  183  Fed.  410;  106  C.  C.  A.  56. 

Wagering  contracts.     Contract  for  future  delivery. 


FORMS  IN  BANKRUPTCY.  269 

In  TV  Aetna  Cotton  Mills  Co.,  22  Am.  B.  H.  62'.) ;   171  Fed.  994. 

in  re  Dorr   (C.  C.  A.  9tli  Cir.),  2G  Am.  B.  R.  408;   186  Fed.  27G;   108  C.  C.  A.  322. 

Waiver  of  tort  and  proof  as  quasi-contract. 

In  re  Filer  (D.  C.  N.  Y.),  5  Am.  B.  II.  835;  aff'g  5  Am.  B.  R.  582. 

Burgoyne  v.  McKillip,  25  Am.  B.  R.  387;  182  Fed.  452;  104  C.  C.  A.  590. 

Atherton  v.  Green,  24  Am.  B.  R.  650;  179  Fed.  806;  103  C.  C.  A.  298. 

Implied  contract. 

Clarke  v.  Rogers  (C.  C.  A.  1st  Cir.),  26  Am.  B.  R.  413;  183  Fed.  518;  106  C.  C.  A. 
64;  aff'd,  228  U.  S.  534;  57  U  Ed.  9.53. 

Reynolds  v.  New  York  Trust  Co.  (C.  C.  A.  1st  Cir.),  26  Am.  B.  R.  698;  188  Fed. 
611;  110  C.  C.  A.  409. 

Loans  made  in  violation  of  a  State  statute  not  2>i"ovable  on  theory  of  an  implied 
contract  for  money  had  and  received. 

In  re  Montello  Brick  Works  (D.  C.  Ra.),  20  Am.  B.  R.  855;  174  Fed.  498. 

Contract  for  sale  of  liquor,  construing  State  statute  as  to  illegality. 

In  re  Fenn  (C.  C.  A.  2d  Cir.),  24  Am.  B.  R.  130;  177  Fed.  334;  100  C.  C.  A.  644; 
rev'g  s.  c.  22  Am.  B.  R.  833;  172  Fed.  620. 

A  partner's  contribution  of  capital  not  a  provable  debt  against  partnership  estate. 

In  re  W.  J.  Floyd  and  Co.,  19  Am.  B.  R.  438;  156  Fed.  206. 

"\Miere  an  accounting  is  necessary  between  partners  to  allow  solvent  partner 
opportunity  to  file  claim,  it  should  be  had  in  Bankruptcy  Court  under  Sec.  63-a. 

In  re  Ilirth  (D.  C.  Minn.),  26  Am.  B.  R.  666;   189  Fed.  926. 

Advances  by  partner  to  firm  provable. 

In  re  Rice,  21  Am.  B.  R.  205,  211;  164  Fed.  514. 

Only  provable  after  all  of  firm's  creditors  are  paid. 

In  re  Eflinger,  25  Am.  B.  R.  930;  184  Fed.  728. 

In  re  Strawbridge,  25  Am.  B.  R.  355. 

Alimony  in  arrears  or  to  accrue  not  a  i)rovable  debt. 

Audubon  et  al.  v.  Shufeldt  (U.  S.  Sup.),  5  Am.  B.  R.  829;  181  U.  S.  575:  45 
li.  Ed.  1009. 

In  re  Smith,  3  Am.  B.  R.  67. 

See,  In  re  Challoner  (D.  C.  111.),  3  Am.  B.  K.  442;  98  Fed.  82. 

Gambling  debts. 

Xoto  given  for  gambling  debt  endorsed  to  claimant.  Burdi-n  of  proof  that  claimant 
was  holder  in  due  course. 

In  re  William  Hill  and  Sons,  26  Am.  B.  R.  n.1. 

Corporate  bonds  issued  to  a  promoter  in  violation  of  a  statute.  In  re  Vryomin^ 
Valley  Ice  Co.,  21  Am.  B.  R.  1  ;  153  Fed.  787. 

Where  a  corporation  has  purchased  its  own  stock  in  violation  of  statute,  claim  for 
balance  of  purchase  price  disallowed. 

In  re  Sapulpa  Produce  Co.  (D.  C.  Okla.),  26  Am.  B.  R.  900. 

In  re  Tichenor-Crand  Co.  (D.  C.  X.  Y.),  29  Am.  B.  R.  409;  203  Fed.  720. 

Outlawed  debt. 

In  re  Putnam  (D.  C.  Cal.),  27  Am.  B.  R.  923;  193  Fed.  464. 

In  re  Blankenship  (D.  C.  Cal.),  33  Am.  B.  R.  756;  220  Fed.  395. 

Scheduling  of  debt  barred  by  the  statute  is  sufficient  so  far  as  the  hankrupt  is 
concerned  to  take  the  debt  out  of  the  operation  of  the  statute. 

In  re  Currier,  27  Am.  B.  R.  597;  192  Fed.  695. 

Damages  for  breach  of  contract  of  employment. 

I-n  re  Silverman  Bros.,  4  Am.  B.  R.  83;   101  Fed.  219. 

In  re  .lames  Dunlap  Carpet  Co.   (D.  C.  Pa.),  20  Am.  B.  R.  882;   163  Fed.  .541. 


270  FOEMS  IX  BANKRUPTCY. 

In  re  Xeff  (C.  C.  A.  Cth  Cir.),  19  Am.  B.  11.  23;  157  Fed.  57;  84  C.  C.  A.  561; 
aff'g  19  Am.  B.  R.  911. 

Contra  In  re  Inman  and  Co.  iD   C.  Oa.),  22  Am.  B.  11.  524;  171  Fed.  185. 

In  re  Sweetser,  Pembroke  and  Co.  (C.  C.  A.  2d  Cir.),  15  Am.  B.  R.  650;  142  Fed. 
131;  73  C.  C.  A.  349. 

In  re  American  Vacuum  Cleaner  Co.  (U.  C.  X.  J.),  26  Am.  B.  R.  621 :  192  Fed.  939. 

In  re  D.  Levy  and  Sons  Co.  (D.  C.  Md.),  31  Am.  B.  R.  25;  208  Fed.  479. 

In  re  Dr.  Voorhees  Awning  Hood  Co.,  187  Fed.  611. 

Breach  of  executory  contract. 

Anticipatory  breach  of  contract. 

In  re  Frank  E.  Scott  Transfer  Co.  (C.  C.  A.  7th  Cir.),  32  Am.  B.  R.  417;  216 
Fed.  308j     132  C.  C.  A.  452;   modified  36  Am.  B.  R.  670. 

In  re  Pettingill  Co.  (D.  C.  Mass.),  14  Am.  B.  R.  728;  137  Fed.  143. 

Claim  for  damages  arising  out  of  breach  of  written  contract  is  provable  under  Sec. 
63-a  (4)  of  Act  and  measure  of  damages  is  the  difference  between  contract  price  and 
the  cost  of  production. 

Pratt  V.  Auto  Spring  Repairer  Co.  (C.  C.  A.  1st  Cir.),  28  Am.  B.  R.  483;  196 
Fed.  495;  116  C.  C.  A.  261. 

In  re  Stern  (C.  C.  A.  2d  Cir.),  8  Am.  B.  R.  569;  116  Fed.  604;  54  C.  C.  A.  60. 

Wood  V.  Fisk,  156  App.  Div.  (N.  Y.)  497. 

In  re  Duquesne  Incandescent  Light  Co.  (D.  C.  Pa.),  24  Am.  B.  R.  410;  17G  Fed.  785. 

In  re  Saxton  Furnace  Co.  (D.  C.  Pa.),  15  Am.  B.  R.  445;  142  Fed.  293. 

See,  In  re  Imperial  Brew  Co.,  16  Am.  B.  R.  110;  143  Fed.  579. 

Contra  In  re  Inman  and  Co.  (D.  C.  Ga.),  23  Am.  B.  R.  566;  175  Fed.  312. 

Surety's  loss  in  completing  bankrupt's  contract  provable  though  unliquidated. 
Wood  V.  U.  S.  Fidelity  and  Guaranty  Co.,  16  Am.  B.  R.  21;   143  Fed.  424. 

Payment  must  actual!}"  have  been  made  by  surety.' 

Williams  and  Co.  v.  U.  S.  Fidelity  and  Guaranty  Co.  (Ga.  Ct.  of  App.),  23  Am.  B. 
R.  802;  See,  S.  C.   (U.  S.  Sup.),  34  Am.  B.  R.  ISl. 

Surety  on  bankrupt's  bond. 

In  re  Lyons  Beet  Sugar  Refining  Co.,  27  Am.  B.  R.  610;  192  Fed.  445. 

Bail  bond. 

In  re  Caponigri  (D.  C.  X.  Y.),  27  Am.  B.  R.  513;  193  Fed.  291. 

The  liability  of  the  maker  of  a  note  to  the  surety  thereon  is  a  provable  claim 
against  the  maker's  estate  in  bankruptcy.    Hayer  v.  Comstock,  7  Am.  B.  R.  493. 

Endorser  where  liability  is  not  absolute  until  after  filing  of  petition. 

Heyman  v.  Third  Xational  Bank  of  Jersey  City,  32  Am.  B.  R.  716;  216  Fed.  685. 

Bank  of  Wayne  v.  Gold  (X.  Y.  Sup.  Ct.),  26  Am.  B.  R.  722. 

Amundson  v.  Folsom,  33  Am.  B.  R.  31  f5;  219  Fed.  122;  135  C.  C.  A.  24. 

Young  V.  Cordon  and  ano.,  33  Am.  B.  R.  522;  219  Fed.  168;  135  C.  C.  A.  66. 

In  re  Gerson,  5  Am.  B.  R.  89:  105  Fed.  891;  aff'd,  Moch  v.  Market  Street  X^ational 
Bank,  6  Am.  B.  R.  11  ;  107  Fed.  897;  47  C.  C.  A.  49. 

Stipulation  in  note  as  to  attorney's  fees,  when  provable. 

In  re  T.  II.  Thompson  :Milling  Co.   (D.  C.  Tex.),  16  Am.  B.  R.  454;   144  Fed.  314. 

In  re  Hersey  (D.  C.  la.),  22  Am.  B.  R.  863;  171  Fed.  1004. 

In  re  Edens  &  Co.  (D.  C.  So.  Car.),  18  Am.  B.  R.  643.  151  Fed.  940. 

Tn  re  Keeton,  Stell  and  Co.    (D.  C.  Tex.),  11  Am.  B.  R.  367;   126  Fed.  426. 

In  re  Jenkins.  27  Am.  B.  R.  860:  192  Fed.  1000. 

Mechanic's  Am.  Xational  Bank  v.  Coleman.  29  Am.  B.  R.  396;  204  Fed.  24;  122 
C.  C.  A.  338. 

Xot  provable  in  Pennsylvania. 

McCabe  v.  Patton  (C.  C.  A.  3d  Cir.),  23  Am.  B.  R.  335;  174  Fed.  217;  98  C.  C. 
A.  225. 


FORMS  IN  BANKRUPTCY.  271 

Stipulation  in  judgment. 

In  re  Hi-rshberger,  30  Am.  B.  l\.  (535;  208  Fed.  94. 
Stipulation  in  mortgage. 

British  and  American  Mortgage  Co.  v.  Stuart,  31  Am.  li.  R.  465;  210  Fed.  425;  127 
C.  C.  A.  157. 

Provability  of  contingent  claims. 

Claim  of  landlord  fur  repairs  under  covenant  in  lease. 

In  re  Sehomacker  Piano  Mfg.  Co.,  20  Am.  B.  K.  899;    163  Fed.  413. 

In  re  International  :\Iilling  Co.,  23  Am.  B.  R.  664;  175  Fed.  308. 

Claim  of  landlord  upon  agreement  of  tenant  to  indemnify  landlord  for  loss  of  rent 
following  bankruptcj',  not  provable,  since  there  was  "  no  fixed  liability,  etc." 

Slocum  et  al.  v.  Soliday  (C.  C.  A.  1st  Cir.),  25  Am.  B.  R.  460;  183  Fed.  410;  106 
C.  C.  A.  56. 

Right  of  lessor  to  retain  security  dei)osited  within  four  months. 

In  re  Sherwoods  Inc.  (C.  C.  A.  2d  Cir.l,  31  Am.  B.  R.  769;  210  Fed.  754;  127  C. 
C.  A.  304. 

Rent  to  accrue  not  provable. 

In  re  Mahler.  5  Am.  B.  R.  453;  105  Fed.  428. 

Watson  V.  Merrill  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  453;  136  Fed.  359;  69  C. 
C.  A.  185. 

In  re  Hinckel  Brewing  Co.  (D.  C.  X.  Y.),  10  Am.  B.  R.  484;  123  Fed.  942.  In  re 
Roth  and  Appel  (D.  C.  N.  Y.),  22  Am.  B.  R.  504;  174  Fed.  64;  aff'd,  24  Am.  B.  R. 
588;  181  Fed.  667;  104  C.  C.  A.  649. 

But  see,  In  re  Caloris  Mfg.  Co.  (D.  C.  Pa.),  24  Am.  B.  R.  609;   179  Fed.  722. 

Rent  accruing  after  adjudication  not  provable,  but  contract  to  pay  rent  under  the 
lease  is  not  terminated. 

Colman  Co.  v.  Withoft  (C.  C.  A.  9th  Cir.),  28  Am.  B.  R.  328:  195  Fed.  250;  115 
C.  C.  A.  222. 

Dunlap  V.  Goodman  Menger  Lighting  Co.  {Pa.  Com.  PI.),  31  Am.  B.  R.  504. 

In  re  Cress  McCormick  Co.,  25  Am.  B.  R.  464. 

Shapiro  v.  Thompson  (Ala.  Sup.  Ct.),  24  Am.  B.  R.  91. 

But  see,  Martin  v.  Orgain  (C.  C.  A,  5th  Cir.),  23  Am.  B.  R.  454;  174  Fed.  772; 
98  C.  C.  A.  246. 

Unliquidated  claims.     Sec.  63-b. 

What  constitutes: 

In  re  E.  T.  Kenney  and  Co.,     14  .*m.  B.  R.  611;   136  Fed.  451. 

In  re  Duquesne  Incandescent  Light  Co.  (D.  C.  Pa.),  24  Am.  B.  R.  419;  176 
Fed.  785. 

Any  doubt  wliethcr  liquidated  or  unliquidated  should  be  resolved  in  favor  of  its 
provability  as  a  liquidated  claim. 

Dycus  V.  Brown.  135  Ky.  140;   121   S.  W.  1010. 

A  claim  for  unliquidated  damages  for  tort  not  connected  with  contract  and  not 
reduced  to  judgment  is  not  susceptible  of  li(|uidation  under  this  section.  Brown  and 
Adams  v.  United  Button  Co.  (C.  C.  A.  3d  Cir.),  17  Am.  B.  R.  505;  149  Fed.  48;  79  C. 
C.  A.  70;  aff'g  In  re  United  Button  Co.,  15  Am.  B.  R.  .390;   MO  Fed.  495. 

In  re  Hawley  (D.  C.  Wash.),  28  Am.  B.  R.  58;  194  Fed.  751. 

For  breach  of  warranty  upon  a  sale. 

In  re  Grant  Shoe  Co.  (C.  C.  A.  2d  Cir.),  12  Am.  B.  R.  349;  130  Fed.  881;  66  C.  C. 
A.  78:  alf'g  11  Am.  B.  R.  48;  125  Fed.  576. 


272 


FOEMS  IN  BANKRUPTCY. 


FORM  No.  166. 

ORDER  FOR  LIQUIDATION  OF  CL.AIM. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


BanlTupt. 


No. 


liaving  heretofore  filed  his  claim  herein  against  the 

above-named  bankrupt  and  the  damages  being  unliquidated  and  the  said 
claimant  having  applied  to  liquidate  such  damages  within  the  year  since  the 

adjudication  herein,  now  on  motion  of ,  attorney  for  said 

claimant  it  is 

Ordered,  that  the  damages  upon  said  claim  be  liquidated  before  the  referee 

herein  and  a  hearing  had  thereon  on  the day  of , 

19..  . 

Dated ,  19.  .. 


Referee  in  Ba7rl-7'upfcij. 
NOTES. 
Procedure  upon  liquidation.    Sec.  63-b. 
In  re  United  Button  Co.  (siipi-a). 

In  re  Silverman  Bro.s.,  4  Am.  B.  R.  83;   101  Fed.  219. 

In  re  Buehan's  Soap  Corp.  (D.  C.  N.  Y.),  22  Am.  B.  R.  .382;   IGO  Fed.  1017. 
In  re  Sonthern  Steel  Co.   (D.  C.  Ala.),  25  Am.  B.  R.  358;   183  Fed.  498. 
In  re  Duqucane  Incandescent  Light  Co.   {supra). 
Liquidation  in  State  court. 

In  re  lleim   Milk  Product  Co.   (D.  C.  N.  Y.),  25  Am.  B.  R.   740;    183  Fed.  787. 
In  re  Martin  (C.  C.  A.  2d  Cir.),  35  Am.  B.  R.  776;  228  Fed.  184. 


FORMS  IN  BANKRUPTCY.  273 

FORM  No.  167. 

PETITION  FOR  PAYMENT  OF  PRIORITY  CLAIMS  AND  SCHEDULE. 

United  States  District  Court, 

for  the   District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl'rupt. 


No. 


To ,  Esq.,  Referee  in  Bankruptcy : 

The  petition  of respectfully  shows  and  alleges : 

1.     That  he  is  the  trustee  in  l)ankruptcy  herein  duly  qualified  and  acting; 

that  annexed  hereto  is  a  schedule  of  claims  entitled  to  priority  (for ) 

which  have  been  filed  and  allowed  herein.    Petitioner  believes  that  said  claims 
are  just  and  correct  and  should  be  paid  at  once  for  the  following  reasons : 


Wherefore  petitioner  prays  that  an  order  be  entered  authorizing  and  direct- 
ing him  as  trustee  to  pay  the  net  amount  set  opposite  the  name  of  each 
claimant,  as  a  claim  entitled  to  priority  herein. 


Petitioner. 

[Verification.] 

SCHEDULE. 

PRIORITY  CLAIMS  OF 

Bankrupt. 
'Name  of  Creditor.  Amount  of  Clairn.  Amount  irith  Filing  Fee. 


Totals 

Dated .,19, 


Trustee  in  Bankrupt cij. 
NOTES. 

Claims  entitled  to  priority  of  pa3nnent. 

Bankruptcy  Act  supersedes  State  insolvency  ^^3  and  prescribes  what  debts  shall 
have  priority  of  payment. 


274  FORMS  IX  BANKRUPTCY. 

Smith  V.  Mottley  (C.  C.  A.  Gth  Cir.),  17  Am.  B.  R.  863;  150  Fed.  266;  80  C.  C.  A. 
154;  rev'g  16  Am.  B.  R.  226;  143  Fed.  407.  In  re  Slomka  (C.  C.  A.  2d  Cir.),  9  Am.  B. 
R.  635;   122  Fed.  630;  58  C.  C.  A.  322;  rev'g  9  Am.  B.  R.  124;   117  Fed.  688. 

Not  enlarged  by  State  statute. 

In  re  Crown  Point  Brush  Co.  (D.  C.  N.  Y.),  29  Am.  B.  R.  638;  200  Fed.  882. 

Surety  upon  debt  due  United  States  and  general  wage  claims. 

Guarantee  Title  and  Trust  Co.  v.  Title  Guaranty  and  Surety  Co.  (U.  S.  Sup.), 
27  Am.  B.  R.  873;  224  U.  S.  152;  56  L.  Ed.  706;  rev'g  s.  c.  23  Am.  B.  R.  340;  174 
Fed.  385;  98  C.  C.  A.  603;  and  aff'g  In  re  Pittsburgh  Industrial  Iron  Works  (D.  C.  Pa.), 
22  Am.  B.  R.  851. 

Claim  for  trust  funds  misappropriated,  not  specifically  traced,  subordinated  to 
claims  of  general  creditors. 

In  re  See  (C.  C.  A.  2d  Cir.),  31  Am.  B.  R.  360;  209  Fed.  172;   126  C.  C.  A.  120. 

Priority  attaches  to  character  of  claim,  not  to  claimant. 

In  re  Harmon,  11  Am.  B.  R.  64;   128  Fed.  170. 

Shropshire,  Woodliti'  and  Co.  v.  Bush,  17  Am.  B.  R.  77;  204  U.  S.  186;  51  L.  Ed. 
436;  26  Sup.  Ct.  178. 

Priority  of  surety  company  which  has  paid  wages  of   workmen   under  its   bond. 

In  re  Dutcher,  32  Am.  B.  R.  545;  213  Fed.  908. 

Assigned  checks  received  in  payment  of  wages  held  entitled  to  priority. 

In  re  Stultz  Bros.  (D.  C.  N.  Y.),  34  Am.  B.  R.  783;  226  Fed.  989. 

Sufficiency  of  statement  to  entitle  to  allowance  as  a  priority  claim. 

In  re  Dunn  (D.  C.  N.  Y.),  25  Am.  B.  R.  103;  181  Fed.  701. 

"Wage  earners"  as  defined  by  Sec.  1  (27)  of  Act  not  controlling  in  determining 
what  claims  are  entitled  to  priority. 

In  re  Scanlon  (D.  C.  Ky.),  3  Am.  B.  R.  202;  97  Fed.  26. 

In  re  Rouse,  Hazard  and  Co.,  1  Am.  B.  R.  234;  91  Fed.  96;  33  C.  C.  A.  356. 

Blessing  v.  Blanchard  (C.  C.  A.  9th  Cir.),  35  Am.  B.  R.  135;  223  Fed.  35;  138  C. 
C.  A.  399. 

Contra.     In  re  August  Becker  and  Co.  (Ref.  N.  Y.),  31  Am.  B.  R.  596. 

In  re  Hurley  (D.  C.  Minn.),  29  Am.  B.  R.  567;  204  Fed.  126. 

Wage  earners. 

What  constitutes  "  wages." 

Weaver  v.  Hugill  Stone  Supply  Co.,  16  Am.  B.  R.  516. 

Spruks  v.  Lackawanna  Dairy  Co.,  26  Am.  B.  R.  554;  189  Fed.  287. 

"  Piece  workers  "  entitled  to  priority  as  wage  earners. 

In  re  Gurewitz  (C.  C.  A.  2d  Cir.),  10  Am.  B.  R.  350;  121  Fed.  982;  58  C.  C.  A.  320. 

In  re  Thomas  Deutschle  and  Co.   (D.  C.  Pa.).  25  Am.  B.  R.  343:   182  Fed.  430. 

Commissions  paid  to  a  traveling  salesman  for  h!s  services  are  "  wages  "  witliin  the 
Act,  as  amended. 

In  re  New  England  Thread  Co.  (In  re  Dexter)  (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  47; 
168  Fed.  788;  89  C.  C.  A.  285;  aff'g  18  Am.  B.  R.  840;  154  Fed.  742. 

In  re  National  Marble  and  Granite  Co.,  31  Am.  B.  R.  80;  206  Fed.  185. 

In  re  Fink   (1).  C.  Pa.),  20  Am.  B.  R.  897;   163  Fed.  135. 

Burden  on  claimant  to  prove  by  fair  preponderance  of  evidence  the  contract  of 
employment  and  performance  of  services. 

Mason  v.  St.  Albans  Furniture  Co.,  17  Am.  B.  R.  868;  149  Fed.  898. 

In  re  B.  II.  Gladding  Co.  (D.  C.  R.  I.),  9  Am.  B.  R.  700;  120  Fed.  709. 

Not  entitled  to  priority  out  of  i)roceed9  of  sale  of  property  over  those  having  valid 
fixed  liens  on  such  property  at  date  of  adjudication. 

In  re  Yoke  Vitrified  Brick  Co..  25  Am.  B.  R.  18;   180  Fed.  235. 


FORMS  IN  BANKRUPTCY.  275 

Wage  claim  and  lien  of  chattel  mortgage. 

In  re  McDavid  Lumber  Co.  (I).  C.  Fla.),  27  Am.  B.  R.  39;  190  Fed.  97;  afl'd  W.  Hay- 
ward  Export  Co.  V.  Lee,  193  Fed.  647;  113  C.  C.  A.  515. 

See,  In  re  Coe-Powers  and  Co.  (C.  C.  A.  6th  Cir.),  6  Am.  B.  R.  1;  109  Fed.  550;  48 
C.  C.  A.  538. 

Section  includes  a  bookkeeper. 

In  re  Baumblatt  (D.  C.  Pa.),  19  Am.  B.  R.  500;  156  Fed.  422. 

And  musicians  employed  at  regular  wages  to  play  at  a  tlieatre,  restaurant,  etc. 

In  re  Caldwell,  21  Am.  B.  R.  236;  164  Fed.  515. 

Salesman. 

In  re  Roebuck  Weather  Strip  and  Wire  Screen  Co.  (D.  C.  N.  Y.),  24  Am.  B.  R.  532; 
180  Fed.  497. 

Teamster  entitled  only  to  priority  for  his  personal  services,  not  for  use  of 
horse,  etc. 

In  re  Winton  Lumber  and  Mfg.  Co.,  17  Am.  B.  R.  117. 

Claim  of  infant  for  wages. 

In  re  Huntenberg,  18  Am.  B.  R.  697;  153  Fed.  768. 

Priority  of  wage  claim  over  bankrupt's  claim  for  homestead  exemption. 

In  re  Strickland  (D.  C.  G-a.),  20  Am.  B.  R.  923;  167  Fed.  867. 

Petition  to  review  denial  of  priority  claim. 

In  re  A.  O.  Brown  and  Co..  22  Am.  B.  R.  496;  171  Fed.  281. 

Application  of  payments  during  tliree  months'  period  where  bankrupt  is  also 
indebted  to  claimants  for  wages  botli  within  and  beyond  tlie  three  months'  period. 

In  re  Van  Wert  Machine  Co.  (D.  C.  Mass.),  26  Am.  B.  R.  597;   186  Fed.  607. 

President  of  a  corporation  not  a  wage  earner  within  Sec.  64-b. 

Carpenter  v.  Cudd  (C.  C.  A.  4th  Cir.),  23  Am.  B.  R.  463;  174  Fed.  603. 

Does  not  cover  principals  in  disguise. 

In  re  Metropolitan  Jewelry  Co.  (D.  C.  X.  Y.),  31  Am.  B.  R.  750;  216  Fed.  384, 
385. 

Dummy  "  officer,"  as  employee. 

In  re  Swain  Co.  (D.  C.  Cal.),  28  Am.  B.  R.  66;   194  Fed.  740. 

In  re  H.  0.  Roberts  Co.  (D.  C.  Minn.),  27  Am.  B.  R.  437;   193  Fed.  294. 

Editor  of  a  newspaper  not  entitled  to  priority  within  the  section. 

In  re  Zotti,  23  Am.  B.  R.  607. 

Professional  men  held  not  included. 

In  re  Gay  and  Sturgis  (D.  C.  Mass.),  36  Am.  B.  R.  350. 

Nor  manager  of  a  branch  of  a  broker's  office. 

In  re  A.  0.  Brown  and  Co.,  22  Am.  B.  R.  496;  171  Fed.  281. 

In  re  Snow  Wire  Works,  34  Am.  B.  R.  152. 

Actress.     In  re  All  Star  Feature  Corp.,  36  Am.  B.  R.  655. 

Manager  of  a  branch  store  not  entitled  to  priority  because  of  the  rendition  of 
incidental  services. 

In  re  Greenberger,  30  Am.  B.  R.  117;  203  Fed.  583. 

In  re  Continental  Paint  Co.  (D.  C.  N.  Y.),  34  Am.  B.  R.  282;  220  Fed.  189. 

Blessing  v.  Blanchard,  35  Am.  B.  R.  135;  223  Fed.  35;   138  C.  C.  A.  399. 

.Judgment  for  damages  for  wrongful  dismissal  as  a  salesman  not  entitled  to 
priority. 

In  re  E.  B.  Lewis,  12  Am.  B.  R.  279. 

Assignment  of  wage  claim. 
General  Order  XXI. 

Does  not  lose  priority  by  assignment  before  commencement  of  bankruptcy  pro- 
ceeding. 


276  FOKMS  IN  BANKRUPTCY. 

Tn  re  Fuller  and  Bennett  (D.  C.  W.  Va.),  18  Am.  B.  R.  443;  152  Fed.  538. 

In  re  Bennett  (C.  C.  A.  6th  Cir,),  18  Am.  B.  R.  320;  153  Fed.  673;  82  C.  C.  A.  531. 

Shropshire  and  Co.  v.  Bush  (U.  S.  Sup.),  17  Am.  B.  R.  77;  204  U.  S.  186;  51  L. 
Ed.  436. 

Contra.  In  re  St.  Louis  Ice  Mfg.  and  Storage  Co.  (D.  C.  Mo.),  17  Am.  B.  R.  194; 
147  Fed.  752. 

In  re  Duteher,  32  Am.  B.  R.  545;  213  Fed.  908. 

But  where  one  holding  an  assignment  of  wages  exchanges  it  for  bankrupt's  note 
or  other  obligation  there  is  a  novation  and  priority  is  lost. ' 

In  re  Fuller  and  Bennett  (supra). 

Nor  by  assignment  after  proof. 

In  re  North  Carolina  Car  Co..  11  Am.  B.  R.  488;  127  Fed.  178. 

Priority  not  lost  by  assignment  after  filing  petition. 

In  re  Campbell,  4  Am.  B.  R.  535;  102  Fed.  686;  dist'g  In  re  Westlund,  3  Am.  B. 
R.  646;  99  Fed.  399. 

On  subrogation  of  surety  company  to  rights  of  wage  earners,  see  United  Surety 
Co.  V.  Iowa  Mfg.  Co.  et  al.,  24  Am.  B.  R.  726;   179  Fed.  55;  102  C.  C.  A.  623. 

Priority  of  taxes.    64-a. 

Actual  and  necessary  costs  of  administration  have  priority  over  taxes  due  State. 

In  re  Halsey  Electric  Generator  Co.  (D.  C.  N.  J.),  23  Am.  B.  R.  401;  175  Fed.  825; 
aff'd,  State  of  New  Jersey  v.  Lovell  (C.  C.  A.  3d  Cir.),  24  Am.  B.  R.  562;  179  Fed. 
321;  102  C.  C.  A.  505;  certiorari  denied,  219  U.  S.  587;  55  L.  Ed.  347. 

Contra.    In  re  Weiss  (D.  C.  N.  Y.),  20  Atn.  B.  R.  247;  159  Fed.  295. 

In  re  Prince  and  Walter  (D.  C.  Pa.),  12  Am.  B.  R.  675;   131  Fed.  546. 

In  re  Oxley  (D.  C.  Wash.),  30  Am.  B.  R.  406;   182  Fed.  1019. 

Taxes  accruing  after  filing  of  petition  entitled  to  same  priority. 

Stanard  v.  Dayton,  33  Am.  B.  R.  682;   220  Fed.  441. 

Entitled  to  priority  regardless  of  hardship  to  general  creditors. 

In  re  Bushnell  (D.  C.  Conn.),  33  Am.  B.  R.  47;  215  Fed.  651. 

Tn  re  Weissman,  24  Am.  B.  R.  150;   178  Fed.  115. 

Franchise  taxes. 

State  of  New  Jersey  v.  Anderson  (U.  S.  Sup.),  17  Am.  B.  R.  63;  203  U.  S.  483;  51 
L.  Ed.  284;  rev'g  14  Am.  B.  R.  604;  137  Fed.  858;  70  C.  C.  A.  388. 

Right  of  State  to  collect  from  bankrupt  estate  though  the  real  property  has  been 
relinquished  to  mortgagee. 

Hecox  v.  County  of  Teller  (C.  C.  A.  8th  Cir.)  (construing  Colorado  statute),  28 
Am.  B.  R.  525;   198  Fed.  634;   117  C.  C.  A.  338. 

Taxes  assessed  after  sale  of  property  by  trustee  not  entitled  to  priority. 

In  re  Crowell,  29  Am.  B.  R.  308;  199  Fed.  659. 

Section  is  strictly  construed  and  not  extended  to  a  creditor  other  tlian  the  State 
or  municipality  to  whicli  the  tax  is  due  and  owing. 

In  re  William  A.  Harris  Steam  Engine  Co.    (D.  C.  R.  I.),  34  Am.  B.  R.  835. 

Effect  of  assignment  of  lease. 

In  re  Sherwood's,  Inc.  (C.  C.  A.  2d  Cir.),  31  Am.  B.  R.  700,  772;  210  Fed.  754; 
127  C.  C.  A.  304. 

Taxes  which  trustee  is  required  to  pay  under  Sec.  64-a  carry  interest. 

In  re  Kallak.  17  Am.  B.  R.  414;   141  Fed.  276. 

And  penalty. 

In  re  Scheidt  Bros.,  23  Am.  B.  R.  778;  177  Fed.  509. 

Contra.     In  re  Fisher  and  Co.  (D.  C.  N.  J.),  17  Am.  B.  R.  404;  148  Fed.  907. 

"Legally  due  and  owing"  on  day  assessed  even  though  not  payable  until  after 
adjudication.     In  re  Sherwood's,  Inc.  (supra). 


P^ORMS  IN  BANKRUPTCY.  277 

What  not  a  "  Tax." 

A  penalty  for  failure  to  make  return  of  increase  of  capital  stock. 

Commonwealth  of  Pennsylvania  v.  York  Silk  Mfg.  Co.  (C.  C.  A.  3d  Cir.),  27  Am. 

B.  R.  525;   192  Fed.  81;   112  C.  C.  A.  613;  aff'g,  s.  c.  26  Am.  B.  R.  650;   188  Fed.  735. 

IJoniis  payable  upon  increase  of  capital  stock,     s.  c.    {supra.) 

Liability  of  an  employer  of  labor  to  contribute  assessments  under  the  "  Work- 
men's Compensation  Act  "  of  Washington,  not  a  "  Tax  "  under  Sec.  64-a. 

In  re  Farrell,  32  Am.  B.  R.  212;  211  Fed.  212. 

Unpaid  water  rents. 

In  re  Hills  and  Hills  (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  43;  221  Fed.  200;  137  C.  C. 
A.  150. 

In  re  Park  Brew  Co.,  35  Am.  B.  R.  652. 

When  may  be  disallowed  upon  ground  of  "  No  taxable  property." 

In  re  Otto  Freund  Arnold  Yeast  Co.,  24  Am.  B.  R.  458;   178  Fed.  305. 

Priority  by  State  statute. — 'Landlord's  lien.      In  accordance  with  local  law  of  State. 

In  re  Burns  (D.  C.  Ga.).  23  Am.  B.  R.  640;  175  Fed.  633. 

In  re  V.  D.  L.  Co.  (D.  C.  Ga.),  23  Am.  B.  R.  643;   175  Fed.  635. 

In  re  Delancey  Stables  Co.  (D.  C.  Pa.),  22  Am.  B.  R.  406;  170  Fed.  860. 

In  re  West  Side  Paper  Co.   (C.  C.  A.  3d  Cir.),  20  Am.  B.  R.  660;   162  Fed.  110;  89 

C.  C.  A.  110. 

In  re  Consumer's  Coffee  Co.  (D.  C.  Pa.),  18  Am.  B.  R.  500;  151  Fed.  933. 

Martin  v.  Orgain  (C.  C.  A.  5th  Cir.),  23  Am.  B.  R.  454;  174  Fed.  772;  98  C.  C.  A. 
246. 

In  re  Desmond  and  Co.  (D.  €.  Ala.),  28  Am.  B.  R.  456  and  foot  note;  198  Fed. 
581;  aff'd,  204  Fed.  1006;  122  C.  C.  A.  063. 

Central  Trust  Co.  v.  Lueders  and  Co.  (C.  C.  A.  6th  Cir.),  34  Am.  B.  R.  61 ;  221  Fed. 
829;  137  C.  C.  A.  387. 

In  re  Abrams,  29  Am.  B.  R.  590;  200  Fed.  1005. 

Preservation  of  landlord's  lien  given  by  State  statute  and  not  void  under  Sec.  67-f 
of  the  Act  even  though  enforced  and  attached  by  distress  within  four  months. 

Henderson  v.  Mayer,  28  Am.  B.  R.  387;  225  U.  S.  631;  56  L.  Ed.  1233;  aff'g  In  re 
Burns  {supra).     In  re  Jones  Bros.  &  Co.  (C.  C.  A.  5th  Cir.),  36  Am.  B.  R.  747. 

In  re  Southern  Hardware  and  Supply  Co.  (D.  C.  Ala.),  32  Am.  B.  R.  92;  210 
Fed.  381. 

Shapiro  v.  Thompson  (Ala.  Sup.  Ct.),  24  Am.  B.  R.  91. 

Distraint  after  bankruptcy;  right  denied. 

In  re  Bishop  (D.  C.  So.  Car.),  18  Am.  B.  R.  635;   153  Fed.  304. 

L'nder  law  of  Louisiana. 

In  re  Meyer  and  Bleuler,  28  Am.  B.  R.  17;  195  Fed.  653. 

Of  Illinois. 

In  re  United  :\Iotor  Chicago  Co.  (C.  C.  A.  7th  Cir.),  33  Am.  B.  K.  694;  220  Fed. 
7  72;   136  C.  C.  A.  37S. 

In  re  Chaudron  and  Peyton    (D.  C.  Md.),  24  Am.  B.  P.  811:   180  Fed.  841. 

Lender  laws  of  Pennsylvania. 

In  re  Keith-Gara  Co.,  29  Am.  B.  R.  466;  203  Fed.  585;  aff'd.  sub  nom.  Ludlow, 
Trustee  v.  Pugh   (C.  C.  A.  3d  Cir.),  32  Am.  B.  R.  435;  213  Fed.  450;   130  C.  C.  A.  96. 

In  re  Quality  Shoe  Shop.  34  Am.  B.  R.  196. 

Upheld  in  other  jurisdictions. 

In  re  Federal  Biscuit  Co.  (C.  C.  A.  2d  Cir.),  33  Am.  B.  R.  273:  218  Fed.  753;  134 
C.  C.  A.  431. 

As/reement  to  pay  taxes  as  part  of  the  rent. 

MtCann  v.  i:vans  (C.  C.  A.  3d  Cir.),  26  Am.  B.  R.  47;  185  Fed.  93;  107  C.  C.  A.  313. 


278  FORMS  m  BANKRUPTCY. 

Covenant  to  pay  water  rent. 

In  re  Family  Laundry  Co.,  27  Am.  B.  R.  517;   193  Fed.  297. 

Priority  for  materials. 

In  re  Bennett  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  320;  153  Fed.  673;  82  C.  C.  531; 
aff'g  18  Am.  B.  R.  847. 

In  re  Jones,  18  Am.  B.  R.  206;  151  Fed.  108. 

In  re  Rheinstrom  and  Sons  Co.,  207  Fed.  119. 

Mechanic's  liens. 

In  re  Clark  Coal  and  Coke  Co.,  23  Am.  B.  R.  273;  173  Fed.  658. 

Convict  labor. 

In  re  Worcester  Co.,  4  Am.  B.  R.  496;  102  Fed.  808;  42  C.  C.  A.  637. 

In  re  Mercer  (C.  C.  A.  8th  Cir.),  22  Am.  B.  R.  413;  171  Fed.  81;  96  C.  C.  A.  185; 
aff'g  In  re  Western  Implement  Co.,  22  Am.  B.  R.  167;  166  Fed.  576. 

As  to  community  property,  see 

In  re  Chavez  (New  Mexico)  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  641;  140  Fed.  73;  80 
C.  C.  A.  451. 

Costs  in  attachment  suit. —  Entitled  to  priority  of  payment. 
In  re  Goldberg  Bros.  (D.  C.  Me.),  16  Am.  B.  R.  521;  144  Fed.  566. 
In  re  Allen,  3  Am.  B.  R.  38;  96  Fed.  512. 

In  re  Amoratis  (C.  C.  A.  9th  Cir.)  (Cal.  Stat.),  24  Am.  B.  R.  565;  178  Fed.  919; 
102  C.  C.  A.  297. 

In  re  Moncrief  Mfg.  Co.,  31  Am.  B.  R.  674. 

Contra.     In  re  Copper  King,  Lim.  (D.  C.  Col.),  16  Am.  B.  R.  148;   143  Fed.  649. 

In  re  Rood  (D.  C.  Minn.),  34  Am.  B.  R.  273. 

Provable  as  an  unsecured  claim  only  so  far  as  necessarily  incurred. 

In  re  Tliompson  Mercantile  Co.  (D.  C.  Minn.),  11  Am.  B.  R.  579. 

[See  Notes  on  Forms  Nos.  159,  160,  165.] 


FORMa  IN  BANKKUPTCY. 


279 


FORM  No.  168. 


ORDER  DIRECTING  PAYMENT  OF  PRIORITY  CLAIMS. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


)■   Xo. 


Upon  reading  and  filing  the  petition  of Trustee  herein  duly 

verified  praying  for  authority  to  pay  the  claims  filed  herein  claiming  priority 

under  Section  G-t  of  the  Bankruptcy  Act,  for (wages),  and  upon 

motion  of attorney  for  said  Trustee,  it  is 

Ordered,  that  the  said  Trustee  ])e  and  he  hereby  is  authorized  and  directed 
to  pay  the  claims  entitled  to  priority  herein,  duly  filed  and  allowed  in  this 
proceeding,  as  set  forth  in  the  schedule  annexed  to  said  petition. 

Dated ,19... 


Referee  in  Bankruptcy. 
NOTES. 
Claims  entitled  to  priority  for  wages. 

Priority  of  claim  for  wajres  not  lost  by  entry  of  judfrment  on  claim  beforo  com- 
mencement of  bankniptoy  proceedings.     In  re  Haskell  (D.  C.  Mass.),  36  Am.  B.  R.  428. 

Priority  of  claim  of  landlord. 

Priority  of  claim  of  landlord  under  New  Jersey  statute.  In  re  Spiess-Alper  Co.  ( D.  C- 
X.  J.).  .36  Am.  B.  Pv.  470. 

Claims  entitled  to  priority  for  taxes. 

Award  by  New  York  State  Industrial  Commission  apainst  the  bankrupt  for 
personal  injuries  to  an  employee  not  entitled  to  priority  under  Sec.  64-b-5  nor  under 
Sec.  64-a.     In  re  Rockaway  Soda  Water  Mfg.  Co.  (Ref.  N.  Y.),  36  Am.  B.  R.  640. 


280  FOEMS  IN  BANKKUPTCY. 


FORM  No.  169. 

PETITION   TO  REVIEW  ORDER  EXPUNGING  PROOF   OF  DEBT. 

United  States  District  Court, 

for  the   District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


Xo, 


To ,  Esq.,  Eeferee  in  Bankruptcy : 

The  petition  of  respectfully  shows :     That  your 

petitioner  is  a  creditor  of ,  the  above  named  bankrupt,  and 

that  his  claim  in  the  sum  of  $ was  heretofore  filed  herein ; 

that  thereafter  objections  were  filed  by and  the  same  were 

duly  heard  by  the  Referee  herein  and  testimony  taken. 

That  on  the day  of ,  19.  .,  an  order,  a  copy  of  which 

is  hereto  annexed,  was  made  and  entered  herein  by  which  said  claim  was 
rejected,  disallowed  and  expunged. 

That  such  order  was  and  is  erroneous  in  that: 

[Concise  statement  of  error.] 

Wherefore,  your  petitioner,  feeling  aggrieved  because  of  such  order,  prays 
that  the  same  may  be  reviewed  as  provided  in  the  Bankruptcy  Act  of  1898,  the 
amendments  thereto,  and  General  Order  XXVII. 

Dated ,19... 


Petitioner. 
[Verification.] 

NOTES. 
Review  of  order  allowing  or  disallowing  claim. 

Findings  of  fact  of  a  referee  not  distiirbed  except  upon  convincing  proof  of  error. 
In  re  Hatem.  20  Am.  B.  R.  470;  161  Fed.  895. 
In  re  Rider  (D.  C.  N.  Y.),  3  Am.  B.  R.  192;  96  Fed.  811. 
In  re  Douglass  and  Sons  Co.  (D.  C.  Conn.),  8  Am.  B.  R.  113;   114  Fed.  772. 


FORMS  IN  BANKRUPTCY.  281 


FORM  No.  170. 

PETITION   THAT   ALL    CLAIMS   TO    SECURITIES,   ETC.,  BE  FILED  AND 

REFERRED. 


United  States  District  Court, 

lor  liie   District  of 

I:i  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


To  the  Honorable  Judge  of  the  District  Court  of  the  United  States  for  the 

District  of : 

The  petition  of respectfully  shows  to  this  Court  and  alleges : 

1.  That  heretofore  and  on ,  19.  .,  a  petition  praying  that 

the  a])Ove  named be  adjudged  an  involuntary  bankrupt  was 

filed  in  the  office  of  the  Clerk  of  the  District  Court  of  the  United  States  for 
the District  of 

2.  That  thereupon,  your  petitioner  was  duly  appointed  temporary  receiver 
of  the  goods,  assets  and  effects  of  said  bankrupt,  and  duly  qualified  as  such  by 
filing  a  bond,  as  required  ])y  this  court,  which  was  duly  approved,  and  he  there- 
upon entered  upon  the  performance  of  his  duties  and  has  continued  to  perform 
the  same. 

3.  That   thereafter,    such   proceedings   were   duly  had  that  an   order  of 

adjudication  was  made  and  entered  herein  on ,  19.  .,  and  the 

proceedin,<:s  herein  were  duly  referred  to ,  Esq.,  one  of 

the  referees  in  liankruptcy. 

4.  [That  thereafter,  such  further  proceedings  were  duly  had  before  said 

,  Esq.,  that  your  petitioner  herein  was  duly  appointed 

trustee  in  bankruptcy  herein,  and  duly  qualified  as  such  by  filing  his  bond 
with  said  referee,  which  was  thereupon  duly  approved,  and  he  thereupon 
entered  ui)on  the  performance  of  his  duties  as  such  Trustee,  and  has  continued 
to  perform  the  same.] 

5.  That  subsequent  to    ,  19.  .,  to-wit:  on  or  about 

,   19.  .,  your  petitioner  received  certain  stocks,   bonds, 

securities  and  other  assets  from  the  firm  of and  that  since , 

19.  .,  your  petitioner  has  likewise  received  from  other  sources  various  stocks, 
bonds,  securities  and  other  assets,  against  which  claims  are  made. 


282  FOiniS  IX  BAXlvlJUPTCY. 

G.  That  your  petitioner  believes  that  it  will  be  inadvisable  and  improper  to 
sell  and  distribute  such  stocks,  bonds,  securities  and  other  assets  so  received  by 

him  since ,  1!).  .,  until  all  rights  in  and  to  the  same  shall  have 

been  ascertained  and  determined. 

7.  Your  petitioner  therefore  asks  that  the  annexed  order  to  show  cause 
may  be  granted. 

8.  No  previous  application  for  the  annexed  order  to  show  cause  has  been 
made  to  any  Court  or  Judge,  and  the  reason  the  same  is  now  asked  for  is, 
that  it  is  desired  to  have  the  Court  determine  this  matter  at  the  earliest 
possible  date,  and  that  this  Court  should  determine  the  method  of  service 
hereof,  and  your  petitioner  suggests  that  service  may  be  made  by  publication 
of  the  annexed  order  to  show  cause,  for  the  following  reasons : 

(a)  The  bankrupt  herein  has  creditors,  as  appears  by  his  schedules 
herein,  in  excess  of in  number. 

(b)  The  said  creditors  are  located  in  many  other  states  of  the  United 
States,  and  service  other  than  by  publication  is  imi)ractica!)le. 

(c)  Your  petitioner  also  suggests  that  as  a  preliminary  measure,  this 
petition  and  the  order  to  show  cause  be  served  on  all  known  creditors. 

Wherefore,  your  petitioner  prays  for  an  order  to  show  cause : 

1.  Directing  creditors  of  the  above  named  bankrupt  and  all  persons,  firms 
and  corporations,  interested  herein,  to  show  cause  before  this  Court  why  an 
order  should  be  made  herein  directing  said  persons,  firms  and  corporations  to 
file  their  claims  against  said  stocks,  bonds,  securities  and  other  assets,  or  the 

proceeds  thereof,  received  by  the  petitioner  herein  from  the  firm  of , 

or  from  any  source,  subsequent  to 19 .  .,  if  any  such  claim 

they  have,  on  or  before  a  day  to  be  fixed  by  this  Court. 

2.  Directing  that  the  said  claims  so  made,  if  any,  be  referred  to 

Esq.,  the  referee  herein,  for  hearing,  testimony  and  report. 

3.  Directing  that  any  and  all  creditors,  persons,  firms  and  corporations, 
claiming  such  stocks,  bonds,  securities  and  other  assets,  or  the  ])roceeds thereof , 
who  shall  not  file  claims  as  aforesaid,  be  forever  barred  from  making  or  claim- 
ing any  such  title  or  ownership  to  the  said  stocks,  bonds,  securities  and  other 
assets,  or  the  proceeds  thereof,  and  why  the  petitioner  herein  should  not  have 
such  other  and  further  relief  as  to  the  Court  may  seem  just  and  proper. 

Dated ,19... 

•••• • > 

Petitioner. 
Attorneys  for  Petitioner, 

No Street 

City  of   

[Verification.] 


FORMS  IN  BANKRUPTCY. 


28;j 


FORM  No.  171. 


ORDER  TO  SHOAV  CAUSE  THEREON. 


In  the  District  Court  of  the  United  States, 

District  of 

In   Bankruptcy. 


In  the  Matter 

OF 

and    

individually  and  as  co-partners  doing  j^Order  to  show  cause,  Xo. 
business    under   the    firm    name    and 

style  of    

Alleged  Banlrupts. 


Upon  reading  the  annexed  petition  of ,  receiver  of  the 

above-named  alleged  l)ankrupts,  verified ,  19. .  .,  and  all  the 

papers  and  proceedings  had  and  taken  herein,  and  on  motion  of , 

attorneys  for  the  petitioner,  it  is 

Ordered,  that  all  of  the  creditors  of  the  above-named  alleged  bankrupts, 
and  all  other  persons,  firms  and  corporations  either  claiming  specific  stocks, 
bonds,  securities,  sums  of  money  or  other  assets,  or  the  proceeds  thereof,  or 
asserting  any  alleged  ])referential  claim  against  the  general  assets  of  the  estate 
herein,  which  are  or  may  be  in  the  possession,  custody  or  control  of  the 
petitioner  herein,  are  hereby  required  to  show  cause  before  me  or  any  one  of 
the  Judges  of  this  Court,  at  a  stated  term  of  said  Court,  to  be  held  in  room 

No ,  at building  in  the ,  City  of 

,  on ,  19 .  . ,  at  ....  o'clock  in  the  forenoon, 

or  as  soon  thereafter  as  counsel  can  be  heard,  why  an  order  should  not  be 
made  and  entered  herein  directing  said  creditors,  persons,  firms  or  corpora- 
tions to  file  within  such  time  as  the  Court  may  direct,  verified  statements  of 
any  and  all  claims  which  they  or  any  of  them  may  have  against  specific  stocks, 
bonds,  securities,  sums  of  money  or  other  assets,  or  the  proceeds  thereof,  and 
of  any  and  all  preferential  claims  which  they  may  have  against  the  general 
assets  of  the  estate  herein,  such  claims  tj  l)e  filed  with  a  Special  iMaster  to  Vo 
appointed  for  such  purpose,  and  why  the  claims  so  filed,  if  any,  should  not  be 
referred  to  said  Special  blaster  for  hearing  testimony  and  report,  and  why  in 
default  of  the  filing  and  proving  such  claims  at  a  time  and  place,  and  in  a 
manner  in  which  this  Court  may  direct,  said  creditors,  persons,  firms  or  cor- 
porations, and  any  and  all  of  them,  should  not  be  forever  barred,  foreclosed 
and  enjoined  from  making  and  asserting  any  such  claim  or  claims,  and 
sufficient  reason  for  appearing  therefor,  it  is 


284  FORMS  IX  BANKRUPTCY. 

Ordered,  that  service  of  this  order,  together  with  the  petition  i;pon  which" 
it  is  granted,  be  made  upon  each  of  the  creditors  or  other  persons  interested 
herein,  whether  or  not  such  persons  have  appeared  herein  by  attorney,  or  have 
instituted  reclamation  or  other  proceedings  against  the  receiver  herein,  by 
mailing  a  copy  to  each  of  them  at  their  respective  addresses,  as  the  same  may 
appear  upon  the  books  and  records  of  the  alleged  bankrupts  herein,  and  by 

publishing  a  copy  of  this  order  in  The once  a  week  for  two 

successive  weeks,  which  shall  be  and  hereby  is  declared  to  he  sufficient  service 
thereof. 

In  the  event  of  the  addresses  and  residences  of  any  of  the  creditors  of  any 
of  the  alleged  bankrupts  herein,  or  of  nny  of  the  persons,  firms  or  corpora- 
tions above  mentioned  are  unknown  to  the  receiver  herein,  and  do  not  appear 
on  the  books  or  records  of  the  alleged  bankrupts,  sufficient  service  of  this 
order  to  show  cause,  together  with  the  petition  upon  which  it  is  granted,  shall 
be  made  as  to  them,  by  mailing  in  the  same  manner  and  within  the  time  above 
specified,  to  them  a  copy  thereof  to  such  address  as  the  alleged  l)ankrupts 
herein  shall  furnish  to  said  receiver. 

And  it  is  further  ordered,  that  the  receiver  herein  may  apply  at  the  foot 
of  this  order  for  such  other  or  further  relief  in  the  premises  as  may  be 
necessary  or  proper. 

Dated ,19... 


U.  S.  District  Judge. 


FORMS  IN  BANKKUPTCY.  285 


FORM  No.  172. 

"OMNIBUS"  ORDER  DIRECTING  THAT  CLAIMS  TO   SECURITIES,  ETC., 
BE  FILED   AND  REFERRED. 

At  a  Stated  Term  of  the  District  Court 

of  tlie  L'nited  States  for  the 

District  of held  at  the  Court 

House  in  the  City  of on  the 

day  of ,  19.  .. 

Present : 

Hon , 

District  Judge. 


In  tiik  Matter 

OF 


Banl-rupt. 


^0. 


An  order  having  been  granted  herein  on ,  10.  .,  requiring 

creditors  of  the  above  named  bankrupt  and  all  other  persons,  firms  or  corpora- 
tions, claiming  stocks,  bonds,  securities  and  other  assets,  or  the  proceeds  thereof, 
in  the  possession,  custody  or  control  of  the  receiver  (or  trustee)  herein,  to  show 
cause  why  they  should  not  file  their  claims  against  the  said  stocks,  ])onds, 
securities  and  other  assets,  or  the  proceeds  thereof,  etc.,  and  the  same  having 
duly  come  on  for  argument,  now. 

On  reading  and  filing  the  said  order  to  show  cause,  dated ,  19.  .  ., 

the  petition  of receiver  (or  trustee)  herein  verified 19.  ., 

and  all  the  papers  and  proceedings  had  and  taken  herein,  and  proof  of  due 
service  thereof. 

On  motion  of attorney  for  tlie  receiver  (or  trustee)  herein, 

it  is 

Ordered,  that  all  creditors  of  the  above  named  l»ankni]it  and  all  persons, 
firms  or  corporations  claiming  stocks,  bonds,  securities  or  any  other  assets, 
or  the  proceeds  thereof,  in  the  possession,  custody  or  control  of  the  receiver 
(or  trustee)  herein  be  and  they  hereby  are  directed  to  file  their  claims  thereto, 

duly  verified  in  the  office  of  the  clerk  of  this  court,  on  or  before  the 

day  of ,  19 .  .  .  ;  and  it  is  further 

Ordered,  that  any  and  all  creditors  or  other  claimants  to  the  said  stocks, 
bonds,  securities  and  other  assets,  or  the  proceeds  thereof,  who  shall  not  file 


286  FOKMS  IN  BAXKKUPTCY. 

such  claim  to  the  said  stocks,  bonds,  securities  and  other  assets,  or  the  proceeds 
thereof  asserting  their  right,  title  or  interest  therein  and  thereto,  on  or  before 

said    day  of   ,  19 ... ,  be  and  they  hereby  are 

forever  barred  from  making  claim  or  asserting  any  right,  title  or  interest, 
in  or  to  the  said  stocks,  bonds,  securities  and  other  assets,  now  in  the  possession, 
custody  or  control  of  the  receiver  (or  trustee)  herein,  or  the  proceeds  thereof; 
and  it  is  further 

Ordered,  that  the  determination  of  all  rights,  titles  and  interests,  if  any,  in 
and  to  any  and  all  of  the  said  stocks,  bonds,  securities  and  other  assets,  or  the 
proceeds  thereof,  made  as  aforesaid,  be  and  the  same  herel)y  is  referred  to 

,  Esq.,  who  is  hereby  appointed  Special  ]\Iaster  for  that 

purpose,  to  hear  and  determine  the  rights  of  all  such  creditors  and  claimants, 
including  the  receiver  (or  trustee)  in  bankruptcy  herein ;  and  the  said  master 
is  directed  in  all  respects  to  adjust,  determine  and  adjudicate  the  rights,  titles, 
interests,  equities,  claims  and  liens  therein  and  thereto,  and  report  to  this 
Court  his  determination  thereon,  and  it  is  further 

Ordered,  that  service  of  this  order  be  made  upon  the  creditors  or  other 
firms,  persons  or  corporations  interested  herein,  by  mailing  on  or  before  .... 

,  a  copy  of  this  order  to  each  of  them  at  their  respective 

addresses  as  the  same  may  appear  upon  the  schedules  herein,  and  l)y  publishing 

a  copy  of  this  order  in  The ,  prior  to , 

which  shall  be  and  is  herel)y  declared  to  be  sufficient  service  thereof;  and  it 
is  further 

Ordered,  that  the  receiver  (or  trustee)  herein  may  apply  for  such  other 
and  further  relief  in  the  premises  as  may  he  necessary  or  proper. 


United  States  District  Judge. 

NOTES. 
Summary  determination  of  claims  to  property  held  by  receiver  or  trustee. 
In  re  Epstein   (C.  C.  A.  8th  Cir.),  H)  Am.  B.  R.  89;   156  Fed.  42;  84  C.  C.  A.  208. 
In  re  Rochford  (C.  C.  A.  8th  Cir.),  10  Am.  B.  R.  608;  124  Fed.  182;  59  C.  C.  A.  388. 

Validity  of  order. 

Bankruptcy  Court  has  power  to  limit  the  time  for  claimants  to  ])rove  title  to  stocks, 
bonds,  etc..  to  less  than  the  year  which  the  Act  allows  to  creditors  for  filing  claims. 

Tn  re  T.  A.  McTntyre  and  Co.  (C.  C.  A.  2d  Cir.),  24  Am.  B.  R.  4  and  foot  note; 
176  Yed.  5.52;  100  C.  C.  A.  140. 

In  re  Lathrop,  Haskins  and  Co.  (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  7.30;  223  Fed.  012; 
139  C.  C.  A.  302. 

Owners  of  converted  stock  by  a  bankrupt  firm  of  brokers  held  entitled  to  similar 
stock  in  bankrupt's  possession  at  time  of  bankrujjtcy  as  tenants  in  common  as  against 
general  creditors. 

In  re  A.  0.  Brown  and  Co.  (D.  C.  N.  Y.),  22  Am.  B.  R.  659;  171  Fed.  254. 

Thomas  v.  Taggart  (U.  S.  Sup.),  19  Am.  B.  R.  710;  209  U.  S.  385;  52  L.  Ed.  845; 
aff'g  In  re  .Tacob  Berry  and  Co..  17  Am.  B.  R.  467;   149  Fed.  176;  79  C.  C.  A.  124. 

Tn  re  A.  0.  Brown  and  Co.  (Ex  parte  Scotten),  25  Am.  B.  R.  800;  183  Fed.  861. 


FORMS  IN  BANKRUPTCY.  287 

In  re  T.  A.  Mclntyro  and  Co.  (C.  C.  A.  2d  Cir.),  25  Am.  B.  R.  93;  181  Fed.  960;  104 
C.  C.  A.  424. 

Constructive  identification  of  stock. 

Gorman  v.  Littlefield  (U.  S.  Sup.),  30  Am.  B.  R.  266;  229  U.  S.  19;  57  L.  Ed.  1047. 

In  re  Hollins  (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  34;  219  Fed.  .144;  135  C.  C.  A.  312; 
rev'd.  Duel  v.  Hollins    (U.  S.  Sup.),  N.  Y.  Law  Jour.,  .Tune  20,  1916. 

Motion  for  leave  to  file  after  expiration  of  time  denied. 

In  re  T.  A.  Mclntyre  and  Co.,  24  Am.  B.  R.  4 ;  176  Fed.  552;  100  C  C  A.  140. 

Contribution  among  claimants. 

In  re  T.  A.  Mclntyre  and  Co.  (Petition  of  Pippey)  (C.  C.  A.  2d  Cir.),  24  Am.  B.  R. 
626;  181  Fed.  955;  104  C.  C.  A.  419. 


PART  V. 

TRUSTEE   IN   BANKRUPTCY. 

FOBM  No.  173.  Bond  of  Trustee. 

174.  Trustee's  first  Report. 

175.  Trustee's  Report  of  exempted  Property. 

176.  Exceptions  to  Trustee's  Report  on  Exemptions. 

177.  Order  allowing  Exemptions  after  Trustee's  Report. 

178.  Petition  of  Trustee  to  continue  Business  of  Bankrupt. 

179.  Order  authorizing  Trustee  to  continue  Business. 

180.  Petition  to  reject  Assets  as  burdensome. 

181.  Order  allowing  Trustee  to  reject  Assets. 

182.  Trustee's  Bill  of  Sale. 

183.  Trustees  Deed  of  Real  Propertv. 

184.  Trustee's  Affidavit  to  correct  Tax  Assessment. 

185.  Order  requiring  Trustee  to  adopt  or  reject  lease. 

186.  Notice  of  Adoption  of  Lease  by  Trustee. 

187.  Petition  by  Trustee  for  Leave  to  sue. 

188.  Order  authorizing  Trustee  to  sue. 

189.  Order  of  Federal  Court  permitting  Trustee  to  apply  to   intervene  in 

State  Court  Action. 

190.  Affidavit  of  Trustee  to  intervene. 

191.  Order  in  State  Court  allowing  Intervention. 

192.  Order  authorizing  Trustee  to  abandon  legal  Proceedings. 

193.  Order  ratifying  Acts  of  Trustee. 

194.  Petition  for  Removal  of  Trustee  and  Order  to  show  Cause  tiiereon. 

195.  Order  for  Removal  of  Trustee. 

196.  Resignation  of  Trustee. 

197.  Order  for  Choice  of  new  Trustee. 

198.  Notice  of  Meeting  to  elect  new  Trustee. 

199.  Demand  for  Security  for  Costs  from  Trustee,  Plaintiff. 

200.  Order  requiring  Trustee  to  furnish  Security  for  Costs. 

201.  Order  requiring  Trustee  to  file  final  Account. 

202.  Trustee's  Return  of  no  Assets. 

203.  Trustee's  Report,  final  Account  and  Oath  to  Same. 

204.  Exceptions  to  Trustee's  Account. 

205.  Petition  of  Attorney'  for  Trustee  fcr  an  Allowance  for  Services  and 

for  a  Ccrtilicate  for  additional  Compensation.     (Local  Rule.) 

206.  Certificate    of    Referee    on    Application    for   additional    Compensation. 

(Local  Rule.) 

207.  Order  allowing  additional  Compensation  to  Attorney  for  Trustee. 

208.  Trustee's  final  Report. 

209.  Order  discharging  Trustee. 

[2SS] 


FORMS  IN  BANKRUPTCY. 


289 


FORM  No.  173. 

BOND   OF   TRUSTKE. 

In  the  District  Court  of  the  United  States, 

for  the District  of 


Ix  THK  Mattkr 


OF 


>    In  Bankruptcy  No. 


Bankrupt. 


Know  all  men  hy  these  presents : 

That  we,   of   City  of   , 

State  of ,  as  Principal,  and  the 

Company,  of   ,  a  corporation  duly  organized  under  the 

laws  of  the  State  of   ,  and  having  an   office  and  usual 

place  of  business  at  No Street,  in  the  City  of , 

as  Surety,  are  held  and  firmly  bound  unto  the  United  States  of  America  in  the 
sum  of 


dollars  in  lawful  money  of  the  United  States,  to  be  paid  to  the  said  United 

States,  for  which  payment,  well  and  truly  to  be  made,  the  said 

binds  himself,  his  heirs,  executors  and  administrators,  and  the  said  Company 
binds  itself  its  successors  and  assigns,  jointly  and  severally,  by  these  presents. 

Signed  and  sealed  this day  of ,  A.  D.,  19.  .. 

The  condition  of  this  obligation  is  such,  that  whereas  the   above  named 

was  on  the    day  of    A.   D.   19 . . , 

ai)pointed  trustee  in  the  case  pending  in  bankruptcy  in  said  court,  wherein 

the  bankru])t.  and  he,  the  said , 

has  accepted  said  trust  with  all  the  duties  and  obligations  pertaining  thereunto: 

Now,  therefore,  if  the  said    

trustee,  as  aforesaid,  shall  obey  such  orders  as  said  Court  may  make  in  relation 
to  said  trust,  and  shall  faithfully  and  truly  account  for  all  moneys,  assets  and 
effects  of  the  estate  of  said  bankrupt  which  shall  come  into  his  hands  and 
possession,  and  shall  in  all  respects  faithfully  perform  all  his  official  duties  as 


290  FORMS  IN  BANKRUPTCY, 

said  trustee,  then  this  obligation  to  be  void ;  otherwise,  to  remain  in  full  force 
and  virtue. 

Sealed  and  delivered 
in  the  presence  of 

L.  S. 

The    Co. 

By    

Manager. 
Attest :    

Attorneij-in-fact. 
[Acknowledgment  by  prinicipal  and  surety. 
Justification  by  Surety  Company.] 

NOTES. 
Sec.  50-b,  c,  g,  h,  i,  j,  k,  m. 

Bond  must  be  furiKs-lud  Avithin  ten  days,  or  five  days  additional  if  permitted  by 
the  court. 

Surety  company  sufficient. 

In  re  Kalter,  2  Am.  B.  R.  590. 

Presumption  in  State  court  that  trustee  duly  qualified  by  filing  bond. 

Breckons  v.  Snyder,  15  Am.  B.  R.  112;  211  Pa.  St.  176. 

What  bond  covers. 

In  re  Kajita,  13  Am.  B.  R.  19. 

Unauthorized  payments. 

In  re  Hoyt  and  IMitcliell,  11  Am.  B.  R.  784;  127  Fed.  968. 

Action  by  trustee  upon  bond  of  a  former  defaulting  trustee  may  be  maintained  in  a 
District  Court  of  the  United  States. 

United  States  ex  rel.  Scliauflh-r  v.  Union  Surety  and  Guaranty  Co.  (D.  C.  N.  Y.), 
9  Am.  B.  R.  114;  118  Fed.  482. 

Or  in  State  court  of  general  jurisdiction. 

Alexander  v.  Union  Surety  and  Guaranty  Co.,  11  Am.  B.  R.  32;  89  Apj).  Div. 
(N.  Y.)  3;  85  N.  Y.  Supp.  282. 

Action  upon  bond  brought  in  name  of  United  States. 

Alexander  v.  Union  Surety  and  Guaranty  Co.   (aupra). 

And  leave  of  court  not  necessary  (s.  c.)  Defaulting  trustee  proper,  but  not  neces- 
sary party  (s.  c). 

Action  on  trustee's  bond  may  be  brought  though  no  order  was  made  directing 
absconding  trustee  to  account. 

Scofield  V.  I'nited  States  ex  rel.  Bond  (C.  C.  A.  6th  Cir.),  23  Am.  B.  R.  259;  174 
Fed.  1 ;  98  C.  C.  A.  39. 

But,  generally,  an  accounting  is  a  necessary  prerequisite. 

United  States  v.  Sondheim,  33  Am.  B.  R.  217. 


FORMS  IN  BANKRUPTCY. 


291 


FORM  No.  174. 

TRUSTEE'S  FIRST  REPORT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

In  the  Matter 

OF 


Bankrupt. 


V      No. 


To 

,  Esq., 

Referee  in  Banlruptcy. 

I,    do   hereby   make   and   file   my   first   report   as 

tiustee  of  the  estate  of  the  above  named  bankrupt: 

1 .  On    ,  19 .  . ,  I  was  appointed  trustee 

of  the  estate  of  the  above  named  bankrupt  and  required  to  file  a  bond  in  the 

penalty  of  $ I  have  duly  qualified  by  filing  a  bond 

in  the  jienalty  required,  and  am  now  acting  as  such  trustee. 

2.  That  upon  entering  upon  my  duties,  I  prepared  a  complete  inventory 
of  all  the  property  of  the  bankrupt  estate  consisting  of 

> 

[Here  enumerate  property,  location,  encumbrances,  etc.,  and  proceedings  taken 
in  reference  to  same  or  to  reduce  to  cash.] 

3.  That   I    have   retained   as   my   counsel,    ,    Esq., 

and  directed  him  to  attend  to  the  followinsr  matters:   


4.     That  I  desire  instructions  as  to  the  following 


5.     That  T  have  on  hand  in  cash   dollars,  which  is  de- 
posited in  the   ,  a  designated  depository  of  this 

court,  and  that  said  sum  is  sufficient  for  a  first  dividend  of 


292 


FOEMS  m  BANKRUPTCY. 


per  cent,  upon  the  claims  filed  and  allowed  herein,  for  the  declaration  and 
payment  of  \\hich,  1  do  hereby  apply. 
Dated ,  19.  . . 

Respectfully  submitted, 


Trustee. 


[Verification,  if  desired,  or  required.] 

NOTES. 
Sec.  47-a     (10). 


FORM  No.    175. 

[Official.] 
TRUSTEE'S  REPORT  OF  EXEMPTED  PROPERTY. 


In  the  District  Court  of  the  United  States  for  the 

of   

In  Bankru])tcy. 


District 


In  the  jMatter 

OF 


Hankrvpt. 


At ,  on  the day  of ,  19.  .. 

The  following  is  a  schedule  of  property  designated  and  set  apart  to  be  re- 
tained by  the  l)ankrupt  aforesaid,  as  his  own  property,  under  the  provisions 
of  tlie  Acts  of  Congress  relating  to  bankruptcy. 


General  bead. 

Particular  description. 

Value. 

Military  uniform,  arms,  and  equip- 
ments   

Dolls. 

Cts. 

Property  exempted  by  state  laws.  . 

Trustee. 


FORMS  IN  BANKRUPTCY. 


293 


Act,  Sees.  2,  (11),  6,  47,  (11). 

General  Order  XVII.    See,  notes  under  Form  No.  112. 

In  re  McLlintuck,  13  Am.  B.  R.  GOG. 

In  re  Camp,  1  Am.  B.  R.  iGo;  91  Fed.  745. 

In  re  (Jrimes,  2  Am.  B.  R.  730;  96  Fed.  529. 

In  re  Friedrieli  (C.  C.  A.  7th  Cir.),  3  Am.  B.  R.  801;   100  Fed.  284;  40  C.  C.  A.  378. 

Burke  v.  Guarantee  Title  &  Trust  Co.  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R.  31;  134 
Fed.  562;  67  C.  C.  A.  486. 

In  re  Manning  (D.  C.  Pa.),  7  Am.  B.  R.  571;   112  Fed.  948. 

In  re  Finklestein  (D.  C.  Pa.),  27  Am.  B.  R.  229. 

Trustee  may  refuse  to  set  apart. 

In  re  Ellis,  10  Am.  B.  R.  754. 

Duty  of  trustee  upon  setting  apart  property  as  exempt  to  surrender  possession  of 
same  to  bankrupt. 

In  re  Soper,  22  Am.  B.  R.  868. 

Trustee's  action  thereon  not  final. 

In  re  White,  4  Am.  B.  R.  613;   103  Fed.  774. 


FORM  No.  176. 

EXCEPTIONS  TO  TRUSTEE'S  REPORT  SETTING  OFF  EXEMPTIONS. 

In  the  District  Court  of  the  United  States  for  the District 

of 

hi   Bankruptcy. 


In  the  ^Matter 

OF 


Bdnhriipl . 


Xo. 


Now  comes ,  of a  creditor  of  the 

above  named  bankrupt,  and  excepts  to  the  trustee's  report  settinfr  off  said 

lankrupt's  exemptions,  filed  herein  on  the day  of , 

10.  .,  in  that  such  report  sets  ofP  to  said  i>ankrupt  the  follow-inij: 


for  the  folh)\\inir  reasons 


294  FORMS  IX  BAXKRUPTCY. 

and  prays  that  a  hearing  may  l^e  had  upon  such  exceptions  and  that  the 
same  may  be  argued,  as  provided  in  General  Order  XVII. 
Dated ,19... 


Excepting  Creditor. 
NOTES. 
Gen.  Order  XVII. 

Exceptions  to  trustee's  report  on  exemptions. 
In  re  Cotton  &  Preston,  23  Am.  B.  R.  586. 
Xo  trial  by  jury  thereof  allowed  under  Sec.  19  of  Act. 
In  re  Thedford  (D.  C.  Tex.),  27  Am.  B.  R.  354. 
Time  for  filing  exceptions  mandatory  under  General  Order  XVII. 
In  re  Krecun   (C.  C  A.  7th  Cir.),  36  Am.  B.  R.  172. 
\^'Tien  exceptions  to  report  filed  too  late. 
In  re  Amos,  19  Am.  B.  R.  804. 


FORM  No.  177. 

ORDER  AXLOWING  EXEMPTIONS  AFTER  TRUSTEE'S  REPORT. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


Xo, 


The  trustee  herein  having,  more  than  twenty  days  since,  filed  his  report  of 
exempted  property,  in  accordance  with  General  Order  XVII.  and  no  exceptions 
having  heen  taken  thereto,  [or;  and  exce])tions  thereto  having  been  filed  by. .  . 

and  the  same  having  been  argued  before  me]  now,  on  motion  of 

Esq.,  attorney  for  said  bankrupt,  it  is 

Ordered,  that  said  trustee's  report  of  exempted  property  be,  and  the  same 
hereby  is,  in  all  things  confirmed,  and  the  bankrupt'.-^  claim  to  exemptions  is 
hereby  determined  accordingly; 

That  the  property  specified  in  such  report  be  delivered  to  said  bankrupt 
forthwith. 

Dated ,19... 


Be-feree  in  Banl-ruptcy. 


FORMS  IN  BANKRUPTCY.  295 


FORM  No.  178. 

PETITION  BY  TRUSTEE  TO  CONTINUE  BUSINESS  OF  BANKRUPT, 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


Xo. 


'I'o   ^  Esq., 

Referee  in  Bankruptcy. 
The  petition  of ,  respectfully  alleges  and  shows : 

1.  That  on  or  ahout  the day  of ,  19.  .  .,  he  was  duly 

appointed  trustee  in  bankruptcy  of the  bankrupt  above 

named,  and  required  to  file  a  bond  in  the  penalty  of  $ That 

your  petitioner  duly  qualified  as  such  trustee  by  filing  a  bond  in  the  penalty 
required ;  that  he  has  continued  to  act  and  is  now  acting  as  such  trustee. 

2.  That  said   ,  was  engaged  in 

and  bis  ])lace  of  l)usiness  was  at 

That  situated  on  these  premises  is  a  complete  outfit  for  the  manufacture  of 

,  consisting  of  machinery  of  various  kinds  and  materials 

to  be  used  for  manufacture.  (That  pursuant  to  the  authority  conferred  by 
an  order  of  this  court,  your  petitioner,  heretofore  as  temporary  receiver, 
carried  on  the  business  of  the  bankrupt).  That  at  the  time  of  the  appointment 
of  your  petitioner  as  trustee  herein,  the  business  of  the  bankrupt  was  being 
conducted  in  the  usual  manner,  and  your  petitioner  believes  that  it  is  for 
the  best  interests  of  the  estate  that  the  bvisiness  be  further  continued  under  his 
direction  as  trustee. 

.'5.  That  the  bankrupt  has  offered  terms  of  composition  to  his  creditors  and 
is  now  engaged  in  endeavoring  to  perfect  said  composition.  That  your  peti- 
tioner verily  believes  that  the  business  of  the  bankrupt  will  be  greatly  injured 
if  the  said  business  were  closed  at  this  time,  and  your  petitioner  further  believes 
that  it  would  be  for  the  best  interests  of  the  bankrupt  and  the  creditors  that 
he  be  allowed  to  continue  the  business  in  the  ordinary  way  for  a  period  of 
davs. 


296 


FOKMS  IN  BANKRUPTCY. 


\Vherefore,  your  petitioner  would  respectfully  pray  that  an  order  be  made 
herein,  authorizing  and  empowering  your  petitioner  to  carry  on  the  business 

of  the  bankrupt,  in  his  discretion,  for  a  period  of days  from 

the  date  of  the  said  order. 


Petitioner. 


[Verification,] 


FORM  No.  179. 


ORDER  AUTHORIZING  TRUSTEE  TO  CONTINUE  BUSINESS. 

United  States  District  Court, 

for  the District  of : 

In   Bankruptcy. 


Ix  THE  Matter 

OF 


Bnnl-rvpt. 


Xo. 


On  reading  and  filing  the  annexed  petition  of ,  the  trustee  of 

the  estate  of  the  above  named  bankrupt,  verified ,  19.  . .,  and 

it  appearing  to  be  for  the  best  interests  of  this  estate  and  there  being  no 

opposition  thereto,  and  on  motion  of ,  attorney  for  the  s;'.id 

trustee,  it  is 

Ordered,  that    the  said   trustee,   lie  and  he  is  hereby 

authorized,  in  his  discretion,  to  continue  and  conduct  the  business  of  the  said 
bankrupt,  for  a  period  of days  from  the  date  of  this  order. 

Dated 19... 


Referee  in  Banl-riipfci/. 
NOTE. 
Act,  Sec.  2  (5). 

As   to   liability   of   trustee    for   injuries   to   property   of   aiiotlur    while   conducting 
bankrupt's  business  without  an  order  of  the  court. 

McCauley  v.  Jackson   (X.  Y.  App.  Div.),  34  Am.  B.  R.  371;   165  App.  Div.   (N.  Y.) 
84G;   151  N.  Y.  Supp.  120. 


FORMS  IN  BANKRUPTCY, 


297 


FORM  No.  180. 
PETITION  TO  REJECT  ASSETS  AS  BURDENSOME. 


United  States  Di?trict  Court, 

for  the   District  of 

In  F)aiikni])t('y. 


In  the  ^Matter 

OF 


y    No. 


Ji((nlcruj)t. 


To 


,  Esq., 

Referee  in  Bankruptcy. 
Your  petitioner  respectfully  shows: 
That  he  is  the  trustee  herein  duly  qualiiied  and  acting. 
'J'hat  a  portion  of  such  hankrupt's  estate  consists  of  the  following  property: 


That  your  petitioner  has  investigated  the  value  of  such  property  and  finds 
the  same  to  be  worthless,  for  the  following  reasons : 

That  it  will  be  for  the  benefit  of  said  estate  that  your  petitioner  be  instructed 
to  reject  such  property  and  to  refuse  to  take  the  same  into  his  posses.-^ion. 

That  no  previous  application  has  been  made  for  the  order  hereinafter  asked. 

Wherefore,  your  petitioner  prays  for  an  order  permitting  him  to  disclaim 
title  to  such  property  and  to  reject  same  as  worthless  and  burdensome. 


Fetidoner. 


(Verification.) 


298  FOEMS  IX  BAXKKUPTCY. 

FORM  No.  181. 

ORDER  ALLO^VING  TRUSTEE  TO   REJECT  ASSETS  AS  BURDENSOME. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Banl-rupt. 


Xo. 


The  trustee  herein  having  made  application  for  an  order  permitting  him 
to  reject  as  worthless  and  burdensome  certain  property,  and  to  refuse  to  take 
the  same  into  his  possession,  and  it  appearing  that  such  order  should  be 
granted ;  and  no  one  appearing  in  opposition  thereto, 

Xow,  on  motion  of ,  Esq.,  attorney  for  said  trustee,  it  is 

Ordered,  that ,  the  trustee  herein,  be,  and  he  herein'  is, 

authorized  and  directed  to  reject  the  following  described  property,  and  to 
refuse  to  take  the  same  into  his  possession,  viz. : 

Dated ,19.  .. 

y 

lleferee  in  Banl-nipfr?/. 
XOTES. 

Burdensome  property. 

Trustee  not  bound  to  iake  property  which  may  involve  him  in  lititjation. 

Oldmixon  v.  Severance.  18  Am.  B.  E.  823;   117  App.  Div.  (X.  Y.)   921. 

In  re  Cogley.  5  Am.  B.  R.  731 ;  107  Fed.  73. 

In  re  Scht-erman.  2  X.  B.  X.  Rep.  118. 

May  abandon  claim  where  result  is  doubtful. 

In  re  Harper  (D.  C.  X.  Y.),  23  Am.  B.  R.  91S;   175  Fed.  412. 

Property  mortgaged  beyond  value. 

Equitable  Ix)an  &  Security  Co.  v.  Moss  &  Co.  (C.  C.  A.  Hth  Cir.).  11  Am.  B.  R.  Ill; 
125  Fed.  600;  60  C.  C.  A.  345. 

In  ro  Zehner.  27  Am.  B.  R.  536;  193  Fed.  787. 

In  re  Jersey  Island  Packing  Co.  (C.  C.  A.  9th  Cir.),  14  Am.  B.  K.  689;  138  Fed.  625; 
71  C.  C.  A.  75. 

What  not  an  abandonment. 

In  re  \Yi3eman  and  \Vallace,  20  Am.  B.  K.  293. 

Ha3  no  application  to  concealed  property. 


FOKMS  IN  BANKRUPTCY.  299 

First  Nat.  Bank  v.  Lasater   (U.  S.  Sup.),  13  Am.  U.  li.  U'JS;   lUG  U.  S.  115;   49 
L.  Ed.  4U8. 

EflFect  of  order  is  to  revest  title  in  bankrupt. 
Sessions  v.  Romadka,  145  L'.  S.  iili;  3G  L.  Ed.  UO'J. 


FORM  No.  182. 

TRUSTEE'S  BILL  OF  SALE. 

Know  all  men  by  these  presents : 

That  1, ,  as  trustee  in  bankruptcy  of , 

party  of  the  tirst  part,  for  and  in  consideration  of  the  sum  of 

dollars  lawful  money  of  the  United  States,  to  me  in  hand  paid,  at  or  before 

the  ensealing  and  delivery  of  these  presents  by ,  of  the  City 

of   ,  party  of  the  second  part,  the  receipt  whereof  is 

hereby  acknowledged,  have  bargained  and  sold,  and  by  these  presents  do  grant 
and  convey,  unto  the  said  party  of  the  second  part,  his  executors,  administra- 
tors and  assigns,  all  my  right,  title  and  interest  in  and  to  all  the  personal 
property,  consisting  of 


of ,  bankrupt,  situated  at ,  County  of 

as  contained  in  Schedule  "A"  hereto  annexed,  (subject  to  all  existing  liens 
and  encumbrances  thereon.) 

To  have  and  to  hold  the  same  unto  the  said  party  of  the  second  part,  his 
executors,  administrators  and  assigns  forever. 

Tn  witness  whereof,  I  have  hereunto  set  my  hand  and  seal  the day 

of ,  in  the  year  one  thousand  nine  hundred  and 

Signed,  Sealed  and  Delivered 

in  the  Presence  of   : 


As  frits  fee.  in  hatiWupfcy 
of '.. 


Schedule  "A"  of  foregoing  Bill  of  Sale: 


[  Acknowledgment] 


300  FOKMS  IN  BANKRUPTCY. 

FORM  No.  183. 

TRUSTEE'S  DEED. 

Know  all  men  by  these  presents : 

This  Indenture,  made  this day  of ,  in  the  year  one  thousand 

nine  hundred  and   ,  between   ,  as  trustee  in  bankruptcy 

of  the  estate  of ,  a  bankrupt,  of  the  City  of , 

County  of ,  and  State  of ,  party  of  the  first  part, 

and ,  of  the  same  place,  party  of  the  second  part, 

Witnesseth : 

That  whereas,  a  petition  in  involuntary  bankruptcy  was  filed  in  the  Dis- 
trict Court  of  the  United  States  for  the District  of , 

on  the day  of ,  19 .  .,  against ,  and 

Whereas,  the  said  ,  was  duly  adjudicated  a  bank- 
rupt on  said  petition  on  the day  of ,  19 .  . . ,  and  the  said 

,  thereafter  was  duly  appointed  trustee  of  the  estate 

of  the  said  bankrupt  on  the day  of ,  19 .  .  .,  and  thereafter 

duly  qualified,  and  has  continued  to  act  pnd  is  now  acting  as  such  trustee ;  and 

Whereas,  the  said ,  as  trustee  in  bankruptcy  of  the  estate 

of ,  bankrupt,  was  duly  authorized  (after  notice  to  the  mortgage 

bondholders,  lienors  and  creditors,)  by  an  order  of ,  Esq., 

Referee  in  Bankruptcy,  dated ,  19 . . .,  to  sell  and  convey 

the  property  hereinafter  mentioned  (at  puljlie  auction,  free  and  clear  of  liens 

except  taxes,)  and  the  said  sale  having  been  duly  held,  at , 

,  on  the day  of ,  19. . .,  (and  the  said. 

sale  having  thereafter  been  confirmed  by  an  order  of , 

Esq.,  Referee  in  Bankruptcy,  dated  the day  of ,  19 .  . .,) 

Now,  therefore,  know  ye,  that  I,  the  said ,  as  trustee  in 

bankruptcy  of ,  1  bankrupt,  by  virtue  of  the  power  and 

authority  in  me  vested,  as  aforesaid,  and  in  consideration  of  the  sum  of 

($ ),  to  me  in  hand  paid  by  the 

said ,  -party  of  the  second  part,  the  receipt  whereof 

is  herel)y  acknowledged,  do  hereby  give,  grant,  bargain,  sell  and  convey  unto 

the  said ,  his  heirs  and  assigns  forever.  All  those 

certain  tracts  or  parcels  of  land,  with  the  buildings  thereon  standing,  situated 

in  the  town  of ,  county  of State  of , 

and  bounded  and  described  as  follows,  to  wit:  [or,  all  my  right,  title  and  inter- 
est in  and  to  the  following  described  property :] 
[Insert  description.] 

Together  Avith  all  and  singular  the  tenements,  hereditaments  and  appur- 
tenances thereunto  belonging  or  in  any  wise  appertaining,  and  the  reversion 
and  reversions,  remainder  find  remainders,  rents,  issues  and  profits  thereof, 
to  have  and  to  hold  the  said  alsove  granted  premises  with  the  appurtenances 


F0KA18  IN  BANKRUPTCY.  301 

thereof,  uuto  the  said  party  of  the  second  part,  his  heirs  and  assigiis  forever, 
to  his  or  their  own  proper  use  and  behoof  as  fully  and  absolutely  as  the  said 
party  of  the  first  part  can  and  ought  to  do  pursuant  to  the  Statute  and  his 
authority  as  aforesaid, 

In  witness  whereof,  the  said  party  of  tlie  first  part  has  hereunto  set  his  hand 
and  seal  the  day  and  year  first  above  written. 
Signed,  sealed  and  delivered 

in  the  presence  of : 


As  Trustee  in  BankrupLcy,  etc. 
[  Acknowledgment.] 


FORM  No.  184. 

TRUSTEE'S    AFFIDAVIT    TO    CORRECT    ASSESSMENT   FOR    PERSONAX 
TAXES  AGAINST  ESTATE. 


In  the  Matter 

OF 

the  Assessment  of     for 

Personal  Taxes  by  the  City  of 


State  of 

County  of , 

,  l)eing  duly  sworn,  deposes  and  says : 

1.  That  he  is  the  trustee  in  bankruptcy  of   ,   (a 

corporation  organized  and  existing  under  and  by  virtue  of  the  laws  of  the 

State  of ) .    That  on  or  a])0ut  the day  of ,  19 .  . , 

the  said    (corporation  of)    was  duly  adjudged  a  bankrupt  in 

the  District  Court  of  tlie  United  States  for  the District  of 

,  and  thereafter  ceased  to  carry  on  business. 

2.  That  deponent  duly  qualified  as  trustee  herein  on  the day  of 

,  19... 

3.  That  on  the day  of ,  19. .,  [the  tax  date]  the 

said   (corporation  of)    was  insolvent  and  the  amount  of  his 

(its)  liabilities  greatly  exceeded  his  (its)  assets,  and  had  no  taxable  property. 
That  in  view  of  the  above  facts,  fleponont  would  respectfully  pray  that  the 
assessment  of  the  above  named  (corporation  of)   for  personal 


302 


FOiniS  IX  BAXKKUPTCY. 


taxes  for  the  year  1\).  .,  of  $ ,  be  vacated  and  cancelled  upon  the 

tax  books  or  assessment  rolls, 

> 

Sworn  to  before  nie  this 

day  of lU.. 


FORM  No.  185. 

ORDER  REQUIRING  TRUSTEE  TO  ADOPT  OR  REJECT  LEASE. 

At  a  Stated  Term  of  the  United  States 

District  Court,  held  in  and  for  the 

District  of    ,  at  the   Court 

House  in  the  City  of ,  on  the 

day  of ,19 


Present ; 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


On  reading  and  filing  the  notice  of  motion  herein,  and  the  petition  of  .... 

thereto  annexed   verified    ,   the   lease   thereto 

annexed  and  therein  referred  to,  and  after  hearing counsel  for 

petitioner  in  support  of  said  motion  and counsel  for 

trustee  in  opposition  thereto,  it  is 

Ordered,  that  the  trustee  herein  be  and  he  is  hereby,  ordered  and  directed 
to  serve  upon  the  attorney  for  the  petitioner  herein,  a  duly  acknowledged 
acceptance  or  rejection  of  said  lease  on  or  before ,  and  it  is 

Further  ordered,  that  such  acceptance  or  rejection  be  without  prejudice  to 
the  rights  of  the  petitioner  against  the  trustee  either  individually  or  as  such 
officer  of  the  estate  herein,  and  without  prejudice  to  the  defenses  or  claims 
in  opposition  thereto  of  such  trustee. 

Dated ,19... 


U.  S.  D.  J. 


FORMS  IN  BANKRUPTCY. 


303 


FORM  No.  186. 

NOTICE  OF  ADOPTION  OF  LEASE  BY  TRUSTEE. 


United  States  District  Court, 

District  of  .  . 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


Y  No. 


'J^o : 

You  will  please  take  notice  that  the  undersigned  trustee  in  hankruptcy  of  the 
above   named   bankrupt,   does  herel)y   elect  to   adopt   the   lease   of   premises 

No Street,  City  of ,  and  formerly 

occupied  by  the  bankrupt  herein,  said  lease  bearing  date  the day  of 

,  19 ... ,  between   as  lessor,  party  of  the  first 

part,  and ,  as  lessee,  party  of  the  secoiul  part,  for  the 

period  terminating  on  the day  of 19 .  . ,  the  date  of  the 

expiration  of  said  lease,  at  the  rentals  reserved  in  said  lease. 

Dated ,19.  .. 


Triisfee  in  Bnulruptcij  of 


NOTES. 

A  trustee  liable  upon  quantum  meruit  for  use  and  oecnpation  of  premises  leased 
by  the  bankrupt. 

In  re  Grij,mard  Lithof;raphic  Co.  (1).  C.  X.  V.).  I!)  Am.  D.  W.  101  ;  155  Fed.  699. 

Trustee  not  bound  to  assume. 

In  re  Sterne  &  Levi  (D.  C.  Tex.),  20  Am.  B.  R.  5.35. 

In  re  Scruggs,  31  Am.  B.  R.  94;  205  Fed.  673. 

Assumption  or  rejection  of  lease. 

Watson  V.  Merrill  (C.  C.  A.  8th  Cir.),  14  Am.  R.  R.  453;  136  Fed.  3.59:  69  C.  C.  A. 
185. 

In  re  Frazin  &  Oppenheim  (C.  C.  A.  2nd  dr.).  24  Am.  R.  R.  903;  183  Fed.  28; 
105  C.  C.  A.  320;  revV  23  Am.  R.  R.  289:   174  Fed.  713. 

Tn  re  Rubel   (D.  C.  Wis.).  21  Am.  R.  R.  .566:   166  Fed.  131. 

Shapiro  v.  Thompson  (Ala.  Sup.  Ct.),  24  Am.  R.  R.  91. 

Assumption  of  contract  by  tnistee. 

Atchison.  T.  and  S.  F.  R.  R.  Co.  v.  Hurley  iC.  C.  A.  8th  Cir.K  18  Am.  R.  R.  396;  153 
Fed.  *03;  82  C.  C.  A.  453;  aff'd  (U.  S.  Sup.),  213  U.  S.  126:  53  L.  Ed.  729. 


304 


FORMS  IX  BAXKRITPTCY. 


FORM  No.  187. 

PETITION  FOR  L,EAVE  BY  TRUSTEE  TO  SUE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


V    No. 


To  the  United  States  District  Court, 

for  the   District  of   

The  petition  of ,  respectfully  shows : 

1.  That  your  petitioner  is  the  trustee  in  bankruptcy  herein,  duly  qualified 
and  acting. 

2.  That   among  the  assets  coming  into   the  hands   of  your  petitioner   as 

trustee  was  a  certain  contract  dated ,  19 .  .,  with 

That,  as  your  petitioner  is  informed  and  verily  believes,  at  the 

time  of  the   adjudication   herein,   the   bankrupt   had   entered   upon   the   per- 
formance of  said  contract  and  completed  the  same. 

3.  That  the  said    has  been  examined   under   Section 

21a,  in  this  proceeding,  but  denies  that  there  is  any  sum  of  money  coming  to 
the  bankrupt  hei'ein,  on  account  of  said  contract. 

4.  'J'hat  the  creditors  herein  have  requested  your  petitioner,  as  trustee,  to 

bring  an  action  against for  the  recovery  of  the  moneys 

claimed  to  be  due  this  estate  by  reason  of  said  contract,  and  your  petitioner 

has  been  advised  by  his  counsel,    ,  that  he  has  a  good  and 

valid  cause  of  action  against 

5.  That  no  previous  application  has  been  made  for  the  order  prayed  for 
herein. 

Wherefore,  your  petitioner  prays  for  an  order  authorizing  and  permitting 

him  to  bring  an  action  in  the Court  for  the  County  of .  . .  . 

,  against 

• J 

Feixiioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY. 


305 


FORM  No.  188. 


ORDER  AUTHORIZING  TRUSTEE  TO  SUE. 


At  a  Stated  Term  of  the  United  States 
District  Court  for  the Dis- 
trict of ,  held  at  the 

United  States  Court  House,  City  of  .... 

on  the day  of , 

,19... 


Present : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


BanJiTiipt. 


r   No. 


Upon  readintj  and  filin<j  the  annexed  petition  of , 

trustee  herein,  duly  verified,  and  upon  motion  of , 

attorney  for  said  trustee,  it  is 

4 

Ordered,  that ,  as  trustee  in  bankruptcy  of  the  above 

named  bankrupt,  be  and  he  hereby  is  authorized  and  permitted  to  bring  an 

action  as  such  trustee  in  bankruptcy,  in  the Court  of , 

County,  against ,  upon  the  following 

alleged  cause  of  action  : 


to  recover  anv  moneys  which  mav  bo  duo  this  estate  fnn 


D.J. 
NOTES. 
See,  Sees.  23-a,  b,  47-a  (2)  as  amended  1910. 
Suits  by  trustee. 

May  maintain  suit  in  State  court  without  first  obtaining  an  order  to  do  so  from 
court  of  his  appointment. 

Traders  Ins.  Co.  v.  Mann,  11  Am.  B.  R.  269;   118  Ga.  381. 

Chism,  Trustee  v.  Bank  of  Friars  Point,  5  Am.  B.  R.  56;  27  So.  610. 

Tn  re  iMoCallum,  7  Am.  B.  R.  506;   113  Fed.  393. 

Contra.     In  re  iVlersman.  7  Am.  B.  R.  46. 

In  re  Phelps,  3  Am.  B.  R.  396. 


Li06 


FOKMS  IX  BAXKKUPTCY. 


May  maintain  suit  to  set  aside  fraudulent  transfer  in  district  other  tlian  the  one 
in  which  appointed. 

Teague  v.  Anderson  Hardware  Co.,  20  Am.  B.  R.  424;   161  Fed.  765. 

Refusal  to  bring  suit  to  set  aside  transfer.     Rights  and  remedies  of  creditors. 

Casey  v.  Baker  et  al.,  32  Am,  B.  R.  311. 

Limitations  thereon. 

Hull  V.  Burr  (C.  C.  A.  5th  Lir.),  18  Am.  B.  R.  541;  153  Fed.  945;  83  C.  C.  A.  61. 

Suits  against  trustee. —  Leave  to  sue  trustee. 

May  be  sued  without  first  obtaining  leave  of  court. 

In  re  Smith,  9  Am.  B.  R.  603;   121  Fed.  1014. 

When  should  not  be  granted. 

In  re  Sdiermerhorn  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  507;  145  Fed.  341;  76  C.  C.  A. 


215. 


Duty  as  to  defending  suits  brought  against  bankrupt  prior  to  adjudication. 
In  re  Kearney  Bros.,  25  Am.  B.  R.  757:   184  Fed.  190. 


FORM  No.  189. 


ORDER  OF  FEDERAI.  COURT  PERMITTING  TRUSTEE  TO  INTERVENE 
IN  STATE  COURT  ACTION. 

At  a  Stated  Term  of  the  District  Court 
of  the  United  States,  held  in  and  for  the 

District  of , 

at  the  United  States  Court  House  in  the 

City  of ,  on  the 

day  of ,  19.  .. 

Present : 

Hon , 


District  Judge. 


In  the  ]Matter 

OF 


Banlrupt. 


Upon  readinff  and  fdinij  the  petition  of  ,  Trustee  in  Bank- 
ruptcy herein,  verified  the day  of ,  19 .  .  . ,  and  upon 

all   the  proceedintrs  heretofore  had  herein,  and  sufficient  reason   appearing 

therefor,  now  upon  motion  of ,  attorney  for  the  said 

Trustee,  it  is 

Ordered,  that as  Trustee  in  Bankruptcy  of , 

the  bankrupt  herein,  he  and  he  here])y  is  authorized  and  permitted  to  inter- 


FORMS  IN  BANKRUPTCY.  307 

veue  as  a  party  plaintiff  (or  defendant)  in  the  action  of 

plaintiff,  against defendant,  now  pending  in  the 

Court  of 

D.J. 


FORM  No.  190. 

AFFIDAVIT  OF  TRUSTEE  TO  INTERVENE. 

Court, 


Plaintiff, 
against 

Defendant . 


State  of 

County  of 

heiiig  duly  sworn,  says : 

1.  That  lie  is  the  trustee  in  bankruptcy  of the  plaintiff 

herein. 

2.  That  this  action  is  for ,  and  was  commenced  hy  the 

idaintiff  on  or  al)0ut 19.  .  .  :  that  an  answer  has  ])eon  filed 

herein  by  the  defendant,  and  dejxment  is  informed  and  verily  believes  that  this 
action  is  on  the  calendar  of  this  court  undetermined. 

3.  That  on  the    day  of   10 ... ,  the  plaintiff 

herein  was  duly  adjudicated  a  voluntary  bankrupt  in  the  United  States 

District  Court  for  the District  of and  thereafter 

at   a   meeting  of  plaintiff's   creditors   duly   called   and    held,   deponent   was 

appointed  trustee  in  Itiinkniptcy  of  said    and  has  duly 

qualified  and  filed  his  l)()nd  in  the  penalty  required  and  is  still  acting  as  such 
trustee. 

4.  That  all  of  plaintiff's  rights  in  tliis  action  are  now  vested  by  law  in 
deponent  as  his  said  trustee  in  bankruptcy. 

5.  That  by  an  order  dated   duly  entered  in  the  District 

Court  of  the  Tnited  States  for  the district  of 

deponent  was  permitted  to  apply  to  intervene  as  ])arty  plaintiff  herein. 

6.  Xo  previous  application  has  been  made  for  the  order  asked  for  herein. 
Deponent,  therefore,  prays  that  he  may  intervene  and  be  substituted  as 


308 


FOKMS  IX  BAXKKUPTCY. 


party  plaintiff  in  this  action  in  the  place  of  the  said ,  and 

that  an  order  to  that  effect  may  be  entered. 


Sworn  to  before  me  this 

day  of ,19. 


FORM  No.  191. 

ORDER  ALLOW^ING  TRUSTEE  TO  INTERVENE. 

At  a  Stated  Term  of  the 

Court  of ,  held  in  and  for  the 

County   of    ,   at   the   Court 

House,  in  the  City  of   ,  on 

the day  of ,  19 .  .  . 


Present : 

Hon 

Justice. 

Plaintiff, 
against 

Defendant. 


Upon  reading  and  filing  the  affidavit  of ,  verified , 

19 ... ,  and  it  appearing  that  the  consent  of  the  United  States  District  Court 

for  the District  of has  been  duly  obtained  thereto,  it 

is,  on  motion  of ,  Esq., 

Ordered,  that ,  as  trustee  in  bankruptcy  of , 

he  and  he  hereby  is  allowed  to  intervene  herein  and  he  hereby  is  substituted 
as  party  plaintiff  in  this  action  in  the  place  and  stead  of  the  said 


617. 


278. 


NOTES. 
Intervention  by  trustee. 

Criffin  V.  Alutual  Life  Ins.  Co.  of  N.  Y..  11  Am.  B.  R.  622;  119  Ga.  663. 
Ninth  Nat.  Bank  v.  Moses,  11  Am.  B.  R.  772;  39  Misc.  (N.  Y.)  664;  80  X.  Y.  Supp. 

Blick  V.  Nimmo   (Md.  Ct.  of  App.),  30  Am.  B.  R.  770. 

May  intervene  in  action  to  foreclose  mortgajie. 

In  re  Porter  &  Bros..  6  Am.  B.  R.  2i>9;   109  Fed.  111. 

Kesaler  v.  Herklotz   (N.  Y.  App.  Div.),  22  Am.  B.  R.  257;   132  App.  Div.   (N.  Y.) 


P'ORMS  IN  BANKRUPTCY.  309 

Trustet'   cannot    be   substituted   in    l.bol   suit   brought   by   bankrupt   prior   to   liia 
adjudication. 

Epstein  v.  Handverker,  26  Am.  B.  R.  712. 

A  trustee  may  take  advantage  of  failure  to  file  a  chattel  mortgage. 

In  re  Metropolitan  Store  v.  Saloon  Fixture  Co.   (D.  C.  N.  Y.),  15  Am.  B.  R.  119. 

Substitution  as  plaintiff. 

Consent  of  Federal  court  should  be  first  obtained  and  aflirmatively  shown. 
Hahlo  et  al.  and  Burrit  as  trustee  v.  Cole  (^\  Y.  App.  Div.',  15  Am.  B.  R.  591;  112 
App.  Uiv.    (X.  Y.)    636. 

Patten  v.  Carley  (N.  Y.  App.  Div.),  8  Am.  B.  R.  482;  69  App.  Div.  (N.  Y.)  423. 

In  re  Howard,  12  Am.  B.  R.  462;  130  Fed.  1004. 

Colgan  V.  Finck,  30  Am.  B.  R.  535;   159  App.  Div.   (N.  Y.)   57. 

Continuation  of  suit  by  trustee;  liability  for  costs. 

Malloch  V.  Adams,  28  Am.  B.  R.  916;    199  Fed.  542. 


FORM  No.  192. 

ORDER  AUTHORIZING  TRUSTEE  TO  ABANDON  LEGAX  PROCEEDINGS. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlrupf. 


Xo. 


T'pon  all  the  papers  and  proceedings  had  in  the  above  entitled  matter,  the 

petition  of ,  trustee,  verified  the day  of , 

19.  . .,  the  notice  to  creditors,  dated ,  19.  .  .,  and  proof  of  due 

mailing:  of  said  notice;  and  a  mectinj;  of  creditors  having  been  duly  held  at 

the  office  of ,  referee  herein,  on  the day  of , 

19.  .  .,  and  said  creditors  having  voted  at  said  meeting  that as 

trustee  be  authorized  to  abandon  all  legal  proceedings  and  litigation  heretofore 

commenced  by  him.  relative  to  the  recovery  of from 

,  and  sufficient  reason  appearing  therefor; 

Now,  upon  motion  of attorney  for  the  trustee,  it  is 

Ordered,  that   as  trustee  be  and  he  hereby  is  authorized 

to  abandon  all  legal  proceedings  seeking  to  recover 

Dated  ,  19... 


Referee  in  Bankruptcy. 


310 


FORMS  IN  BAXKRUPTCY. 


FORM  No.  193. 

ORDER  RATIFYING  ACTS  OF  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 

Ix  TUK  IMattkr 
OF 


JBankvKjyt. 


y      No. 


A  meeting  of  creditors  having  been  held  at  tlie  office  of  the  referee  on  the 

. . .  .day  of ,  19.  ..  and  the  trustee  of  the  estate  of  the  above 

named   bankrupt   having  appeared   at   said  meeting  and   stated   to   the   said 

creditors  that  he  had  received  as  such  trustee  the  sum  of  .$ 

in  full  satisfaction  of  the  claim  of  the  bankrupt  against    

of  the  City  of ,  by  reason  of  the  following : 


and  the  said  trustee  having  asked  that  his  said  acts  be  ratified  by  the  creditors 
at  said  meeting,  and  tiie  said  creditors  having  voted  to  ratify  his  said 
acts,   it   is 

Ordered,  that  the  acts  and  proceedings  hereinbefore  stated  to  have  been 
taken  by  the  trustee  herein,  be  and  the  same  hereby  are  in  all  respects  ratified 
and  confirmed. 

Dated,   ,   10... 


Referee  in  Bankruptcy. 


FORMS  IN  BANKRUPTCY 


311 


FORM  No.  194. 


PETITION  FOR  REMOVAL  OF  TRUSTEE  AND  ORDER  TO  SHOW  CAUSE 

THEREON. 


I'nited  States  District  Court, 

District  of 

III  Bankruptcy. 


In  tiik  ^I  vttku 

OF 


y   No. 


Jyunkriipt. 


To  the  District  Court  of  the  United  States, 
District  of : 

The  petition  of   ,  a  creditor  of  said  bankrupt,  whose 

claim  has  been  filed  and  allowed  herein,  respectfully  represents  that  it  is  for 

the  interest  of  the  estate  of  said  bankrupt  that ,  heretofore 

appointed  trustee  of  said  bankrupt's  estate,  should  bo  removed  from  liis 
trust,  for  the  causes  following,  to  wit:  [Here  set  fortli  the  particular  cause 
or  causes  for  which  such  removal  is  requested.] 

Wherefore,   prays  that  notice  be  served  upon  said 

,  trustee  as  aforesaid,  to  show  cause,  at  such  time  as  may 

be  fixed  by  the  court,  why  an  order  should  not  be  made  removing  him  from 
said  trust. 


Petitioner. 


(Verification.) 


312  FORMS  IN  BANKRUPTCY. 


ORDER  TO  SHOAV  CAUSE  THEREON. 


United  States  District  Court, 

for  the  .  .■ District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


At ,  on  the day  of ,  A.  D.  19 ... , 

To   , 

Trustee  of  the  estate  of ,  bankrupt : 

You  are  hereby  notified  to  appear  before  the  Judge  of  this  court,  at  the 

Court  House,  on  the day  of ,  A.  D.  19 ... ,  at 

o'clock  ....  ]\I.,  to  show  cause  (if  any  you  have)  why  you  should 

not  be  removed  from  your  trust  as  trustee  as  aforesaid,  according  to  the  prayer 

of  the  petition  of ,  one  of  the  creditors  of  said  bankrupt,  filed 

in  this  court  on  the day  of ,  A.  D.  19 .  .  . ,  in  which  it 

is  alleged (Here  insert  the  allegation  of  the  petition.) 


Referee  {or  Cleric.) 
NOTES. 

Act.     Sec.  2,  (17). 

General  Orders  XIII.,  XVII. 

Trustee  removable  by  the  judge  only. 

In  re  Bernec  &  Wolf,  185  Fed.  224. 

Application  made  in  the  first  instance  to  the  court  upon  notice  to  trustee.     Judge 
may  refer  to  the  referee  as  such,  or  as  special  master. 

Joining  with  bankrupt  in  scheme  to  defraud  by  means  of  a  composition,  grounds 
for  removal. 

In  re  Wrisloy  Co.  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  193;   1.33  Fed.  3S8 ;  66  C.  C.  A. 
450. 

Change  of  residence  of  trustee  not  in  itself  sufficient  ground  for  removal. 

In  re  Seider  (D.  C.  N.  Y.),  20  Am.  B.  R.  70S;   163  Fed.  139. 

Trustee,  when  removed  for  cause,  denied  personal  expenses  and  commissions. 

in  re  Leverton,  19  Am.  B.  R.  434;  155  Fed.  931. 

When  proof  of  claim  has  not  been  disallowed,  trustee  may  not  collaterally  attack 
status  of  creditor  upon  petition  for  removal. 

In  re  Roanoke  Furnace  Co.,  18  Am.  B.  R.  661;   152  Fed.  846. 

When  trustee  removed,  appointment  of  a  new  trustee. 

Scofield  v.  United  States  ex  rel.  Bond   (C.  C.  A.  6th  Cir.),  23  Am.  B.  R.  259;   174 
Fed.  1 ;  98  C.  C.  A.  39. 


FORMS  IN  BANKRUPTCY. 


313 


FORM  No.  195. 

ORDER  FOR  REMOVAL.  OF  TRUSTEE. 


"United  States  District  Court, 

for  tlie District  of 

III  Bankruptcy. 


I\   TilK   ]^^ATTER 
OF 


Bankrupt. 


Xo. 


of ,  a  creditor  herein  having  on 

the day  of ,  A.  D.  19.  .,  presented  his  petition  to 

this  court,  praying  that  for  the  reasons  therein  set  forth, , 

the   trustee   of   the   estate   of   said    bankrupt,    might    be 

removed : 

Now,  therefore,  upon  reading  the  said  petition  of  the  said 

and  t.he  evidence  submitted  therewith,  and  upon  hearing  counsel  on  behalf 
of  said  petitioner  and  counsel  for  the  trustee,  and  upon  the  evidence  submitted 
on  behalf  of  said  trustee,  it  is 

Ordered,   that   the   said    be   removed    from    liis   trust    as 

trustee    of   the    estate    of    said    bankrupt,    and    that    the    costs    of    the    said 

petitioner  incidental  to  said  petition  be  paid  by  said trustee 

(or,  out  of  the  estate  of  the  said ,  subject  to  prior  charges). 

Witness  the  Honorable ,  Judge  of  the  said  court,  and 

the  seal  thereof,  at in  said  district,  on  the   

day  of ,  A.  D.  19.  .. 

D.J. 


314 


FOEMS  1\  BAXKKUPTCY. 


FORM  No.  196. 


RESIGNATION  OF  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


To   Esq.,  Keferee  in  Bankruptcy. 

Street, 

City  of  

Dear  Sir: 

I  hereby  tender  my  resignation  as  trustee  of  the  estate  of 

bankrupt,  and  request  that  same  be  accepted.     I  herewith  file  my  report  and 
account  as  trustee. 

EespectfuUy  yours, 


Dated   ,  19, 


NOTES. 
Compensation  when  trustee  resiofns  to  avoid  odinm  of  removal. 
In  re  E.  J.  Fidler  &  Son,  23  Am.  B.  R.  16;  172  Fed.  632. 

Effect  of  on  pending  suit  and  proper  method  of  procedure  by  supplemental  bill. 
Hull  V.  Burr  (Fla.  Sup.  Ct.),  28  Am.  B.  R.  837. 


FORMS  IN  BANKRUPTCY.  315 


FORM  No.  197. 

[Official.] 


ORDER  FOR  CHOICE   OF  NEW  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Barikrupt. 


Xo. 


At ,  on  the day  of ,  A.  D.  19 .  . . 

Whereas  by  reason  of  the  removal  (or  the  death  or  resignation)  of 

,  heretofore  appointed  trustee  of  the  estate  of  said  bank- 
rupt, a  vacancy  exists  in  the  office  of  said  trustee,  it  is 

Ordered,  that  a  meeting  of  the  creditors  of  said  bankrupt  be  held  at , 

in ,  in  said  district,  on  the day  of , 

A.  D.  19. . .,  for  the  choice  of  a  new  trustee  of  said  estate. 

And  it  is  further  ordered  that  notice  Ije  given  to  said  creditors  of  the  time, 
place  and  purpose  of  said  meeting,  by  letter  to  each,  to  he  deposited  in  the 
mail  at  least  ten  davs  before  that  day. 


Beferee  in  Bankruptcy. 
NOTES. 
Vacancy  in  office  of  Trustee. 
Sec.  44. 

General  Order  XXV. 

Creditors  must  be  given  opportunity  to  elect. 
In  re  Hare,  9  Am.  B.  R.  520;   119  Fed.  246. 
On  re-opened  estate. 

Appointment  may  not  be  collaterally  attacked. 
Fowler  v.  .Jenks.  1 1  Am.  B.  R.  255.  . 

Referee  cannot  appoint  unless  creditors  have  failed  to  do  so. 
In  re  Newton   (C.  C.  A.  8th  Cir.),  6  Am.  B.  R.  52;  107  Fed.  429;  46  C.  C.  A.  399. 


316 


FOKMS  IN  BANKRUPTCY. 


FORM  No.  188. 


NOTICE  OF  MEETING  TO  ELECT  NEW  TRUSTEE. 


United  States  District  Court, 
District  of   


Ix  THE  Matter 

OF 


Bankrupt. 


No. 


To  the  creditors  of  the  above  named  liaBkrupt: 

A  vacancy  in  the  office  of  the  Trustee  herein  having  been  caused  by  the 

death  of  the  former  Trustee ,  notice  is  hereljy  given  that  a 

special  meeting  of  creditors  will  be  held  at  the  office  of , 

Eef eree  in  Bankruptcy, Street, ,  on  the 

of ,  19 .  . . ,  at o'clock  in  the noon,  at 

which  time  the  creditors  may  attend,  appoint  a  new  Trustee  and  transact  such 
other  business  as  may  properly  come  before  the  said  meeting. 


Referee  in  BanJcruptcy. 
Street, 


FORMS  IN  BANKRUPTCY. 


317 


FORM  No.  199. 

DEMAND  FOR  SECURITY  FOR  COSTS  FROM  TRUSTEE,  PLAINTIFF. 


County  of 


Couit, 


in  Bankruptcy  of  • 


.,  as  Trustee 


against 


Plaintiffs 


and 

' ) 

Defendants. 


Sir: 

Please  take  notice  that  the  plaintiff  herein  is  hereby  required  forthwith 
to  give  security  for  costs  in  accordance  with  the  rules  and  practice  of  this 
court  on  the  ground  that  when  this  action  was  commenced,  the  plaintiff  was 
the,  "  official  assignee  or  official  trustee  of  a  debtor,  or  an  assignee  in  bank- 
ruptcy,"  in  an  action  brousht  upon  a  cause  of  action  claimed  by  him  to 
have  arisen,  "  before  the  assignment,  the  appointment  of  the  trustee,  or  tii^i 
adjudication  in  bankruptcy." 

Dated, , , ,  19.  .. 

Attorney  for  Defendant, 
Office  and  P.  0.  Address, 

Street, 

City  of   

To Esq., 

Atiornei/  for  Plaintiff, 

Street, 

City  of 


318 


FORMS  I?^  BANKRUPTCY. 


FORM  No.  200. 

ORDER  REQUIRING  TRUSTEE  TO  FURNISH  SECURITY  FOR  COSTS. 

At  a  Special  Term  of  the 

Court   (Part    ..)   of   ....   held  in  the 

Court  House  in  the  City  of 

on  the day  of ,  19. 

Present : 

Hon , 

Justice. 

a.s  Trustee 

in  Bankruptcy  of 

Plaintiff, 
against 

Defendant. 


On  reading  and  filing  the  affidavit  of   duly  verified. 

and   the   annexed   demand,   with    proof   of   due   service,    and    on    motion    of 

attorney    for    the    defendant    herein,    and    it    appearing 

that  this  action  is  hrought  upon  a  cause  of  action  arising  before  the  appoint- 
ment of  the  trustee  and  the  adjudication  in  bankruptcy  herein,  it  is 

Ordered,  that  the  plaintiff  within days  after  service  of  a 

copy  of  this  order  upon  his  attorney,  pay  into  court  the  sum  of  $250  to  be 
applied  to  the  payment  of  costs,  if  any,  awarded  against  him.  or  in  lieu  thereof, 
file  with  the  clerk  of  this  court,  an  undertaking  executed  to  the  defendant  by 
one  sufhcient  surety  that  such  surety  will  pay  to  the  defendant,  upon  demand, 
all  costs  which  may  be  awarded  to  him  in  this  action,  not  to  exceed  the  sum 

of  two  hundred  and  fifty  dollars,  ($250),  and  also  within  said days  to 

serve  upon  the  attorney  for  the  defendant,  a  written  notice  of  such  payment  or 
of  the  filing  of  such  undertaking,  and  it  is 

Further  ordered,  that  all  proceedings  on  the  part  of  the  plaintiff  herein, 
except  to  review  or  vacate  tliis  order,  are  hereby  stayed  until  the  payment  of 
said  sum  or  the  filing  of  such  undertaking  and  notice  thereof,  and  the 
allowance  of  such  undertaking,  and  it  is 

Further  ordered,  that  the  time  of  the  defendant  to  answer,  demur,  or  other- 
wise move  with  reference  to  the  complaint  herein,  be  extended  until  ( ) 

days  after  compliance  with  the  terms  of  this  order. 

bated, ,19... 


J. 


FORMS  IN  BANKRUPTCY. 


319 


NOTES. 

Security  for  costs  (X.  Y.  Practice). 

Code  of  Civil  Procedure,  Sec.  3268  (4). 

In  a  suit  upon  a  cause  of  action  which  arose  prior  to  adjudication  trustee  must 
furnish  security  for  costs  upon  demand. 

Joseph  V.  Ratf,  9  Am.  B.  R.  227;  75  App.  Div,  (X.  Y.)  447;  modfg  Joseph  v. 
Markley,  8  Am.  B.  R.  18;  73  App.  Div,  (X.  Y.)   156. 

Jordan  v.  Bridges,  12  Am.  B.  R.  626;  113  Fed.  107. 

Cole  V.  Manson,  42  Misc.  (N.  Y.)  149;  85  X.  Y.  Supp.  1011. 

\Vhen  a  trustee  sues  to  set  aside  an  alleged  fraudulent  conveyance  by  tlie  bankrupt, 
the  cause  of  action  is  not  one,  "Arising  before  the  assignment,  the  appointment  of  the 
trustee  or  the  adjudication  in  bankruj)tcy  "  as  specified  in  Code  Civ.  Pro.  sec.  3268  (4). 

Riker  v.  Owynne   (X.  Y.  Sup.),  21  Am.  B.  R.  95;   129  App.  Div.   (X.  Y.)   112. 

Xon-rcsident  trustee  may  be  required  to  furnish  under  rule  of  court. 

Osborne  v.  Pennsylvajiia  R.  Co.,  20  Am.  B.  R.  277. 

"A  trustee  in  bankruptcy  suing  to  set  aside  fraudulent  conveyances  made  by  the 
bankrupt  will  be  required  to  give  security  for  costs  pursuant  to  section  3268  of  the  Code 
of  Civil  Procedure,  where  it  appears  that  more  than  six  months  before  the  adjudication 
in  bankruptcy  the  creditors  in  whose  behalf  the  trustee  sues  had  obtained  judgment 
against  the  bankrupt  and  the  execution  thereon  had  been  returned  unsatisfied  so  that 
a  creditor's  suit  could  have  been  maintained  by  them." 

Kiendl  as  Trustee,  etc.  v.  Dubroflf  and  others  (App.  Div.  2nd  Dept.),  136  App.  Div. 
(X.  Y.  I   8;  citing  Kronfeld  v.  Liebman,  78  App.  Div.    (X.  Y.)   437. 

Adsit  V.  Butler.  87  X.  Y.  585. 

Prentiss  v.  Bowden,  145  X.  Y, 


See  also: 
Kielly  v. 
Schreier 
Thomas 


342. 


Rosenberg,  57  App.  Div.   (X.  Y.)   408. 

V.  Hogan,  70  App.  Div.  (X.  Y.)  2;  74  X.  Y. 

-.  Roddy,  19  Am.  B.  R.  873;   122  App.  Div. 


Supp.  1051. 
(X.  Y.)   851. 


FORM  No.  201. 

ORDER  DIRECTING  TRUSTEE  TO  FILE  TINAT.  ACCOUNT. 


United  States  District  Court, 

District  of   .  . 

In  Bankruptcy. 


In  the  Mattek 

OF 


BnnlTupf. 


r   Xo. 


a  creditor  of  the  above  named  bankrupt  whose  claim 

has  been  filed  and  allowed  herein,  havincf  made  application  to  this  Court  U)V 


320  FOKMS  IX  BAXKEUPTCY. 

au  order  requiring ,  Esq.,  the  trustee  in  bankruptcy  herein, 

to  file  his  final  account  and  it  appearing  that  one  year  has  expired  since  the 
adjudication  herein  and  no  valid  reason  having  ])een  offered  why  this  estate 

should  not  be  closed,  now  upon  reading  and  filing  the  petition  of 

verified  the day  of ,  19 .  . .,  it  is 

Ordered,  that trustee  of  the  above  named  bankrupt  file 

his  final  account  as  such  trustee  in  the  otfice  of  the  referee  herein  on  or  before 
the day  of ,19... 

Dated   ,  19... 


Referee  in  Banlruptcij. 


FORM  No.  202. 

[Official.^ 
TRUSTEE'S  RETURN   OF  NO  ASSETS. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 

In  thk  Matter 

OF 


Bankrupt. 


Xo. 


At ,  in  said  district,  on  the day  of , 

A.  D.  19. .. 

On  the  day  aforesaid,  comes  ,  of ,  in  the 

County  of   and  State  of   ,  and  makes 

oath  and  says  that  he,  as  trustee  of  the  estate  and  effects  of  the  alcove  named 
bankrupt,  has  neither  received  nor  paid  any  moneys  on  account  of  the 
estate. 


Trustee. 
Subscribed    and    sworn    to  before  me.  ] 

at ,  this day  of  \ 

,  A.  D.  10...  j 

NOTES. 
Tn   aoTTip   hirisdictinns  rcforoos  require   as   an   aflditional   clause.    \"  and   ro   assets 
are  discoverable."! 


FORMS  IN  BANKRUPTCY.  321 

FORM  No.  203. 

TRUSTEE'S  REPORT,  FINAL  ACCOUNT  AND  OATH  TO  SAME. 

United  States  District  Court, 

for  the  District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


Xo. 


To Esq.,  Referee  in  Bankruptcy : 

I, ,  do  hereliv  make  and  file  my  final  report  as 

trustee  of  the  estate  of  the  above  named  bankrupt : 

1.  At  the  first  meeting  of  creditors  of  the  above  named  l^ankrupt,  held  at 

the  office  of  the  referee  on   ,  19.  .,  I  was  appointed  trustee  of 

the  estate  of  the  bankrupt  and  duly  qualified. 

2.  That  I  retained  as  my  attorney Esq.,  of 

3.  That  on  the day  of ,  19 .  .  .  I  filed  my  first  report 

herein  and  thereafter  a  first  dividend  of ^  was  declared  and 

paid  to  all  creditors  herein,  whose  claims  had  l^een  duly  filed  and  allowed. 

4.  That  all  of  the  property  l^elonging  to  this  estate  has  now  been  reduced 
to  cash  and  the  administration  thereof  practically  completed. 

5.  That  the  following  matters  have  received  my  attention  since  the  date  of 
my  first  report :   


C).  ]\Iy  final  account  is  hereto  annexed  and  with  vouchers  in  support  thereof. 

By  this  account  it  appears  that  I  have  received  $ and  have 

expended  $ ,  leaving  a  balance  in  my  hands  for  distribution 

amounting  to  $ 

7.  I  state  my  lawful   commissions  as  trustee  at  $ 

All  of  which  is  respectfully  submitted. 

Dated  ,  19... 

'  > 

Trustee. 


322 


FOEMS  IN  BANKRUPTCY. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  TiiE  Mattk;k 

OF 


Banlrupf 


Final  Account  of 


No. 


Trustee. 
19 .  .  I  charge  myself  as  follows : 


Total 


19. .  I  credit  myself  as  follows: 


Total 
SUMMARY. 


Total   Receipts, 
Total  Disbursements, 

Balance  in  hands  of  trustee. 
Dated  ,  19... 


Trustee. 


FORMS  IN  BANKRUPTCY. 


323 


OATH  TO  FINAL  ACCOUNT. 

[Official.] 

In  the  District  Court  of  tlie  United  States  for  the  . 

of 

In  Bankruptcy. 


District 


In  the  Mattku 

OF 


Bankrupt. 


No. 


On  this (lay  of  ,  A.  D.  19 ... ,  hefore  me 

comes ,  of   ,  in  the  county  of 

and  State  of ,  and  makes  oath,  and  says  that  he  was,  on 

the day  of ,  A.  D.  19 .  . .  appointed  trustee  of 

the  estate  and  effects  of  the  above-named  bankrupt,  and  that  as  such  trustee 
he  has  conducted  the  settlement  of  the  said  estate.     That  the  account  hereto 

annexed  containing sheets  of  paper,  the  first  sheet 

whereof  is  marked  with  the  letter is  true,  and  such  account 

contains  entries  of  every  sum  of  money  received  by  said  trustee  on  account  of 
the  estate  and  effects  of  the  above-named  bankrupt,  and  that  the  payments 
purporting  in  such  account  to  have  been  made  by  said  trustee  have  been  so 
made  by  him.  And  he  asks  to  be  allowed  for  said  payments  and  for  com- 
missions and  expenses  as  charged  in  said  accounts. 


Trustee. 

Subscribed  and  sworn  to  l)efore  me  at ,  in  said , 

district  of ,  this day  of ,  A.  D.  19 , 


72. 


NOTES. 
General  Order  XVII. 
Final  account.     Act.     Sec.  2,  (8),  47,  (7),  (8),  48-a,  e,  49,  58,  65. 

Any  time  subsequent  to  four  months  after  adjudication. 

In  re  Eldrcd.  19  Am.  B.  R.  52;  155  Fed.  686. 

Tn  re  Bell  Biano  Co.   (D.  C.  N.  Y.),  18  Am.  B.  R.  183;   155  Fed.  272. 

In  re  Stein.  1  Am.  B.  R.  662;  94  Fed.  124. 

Filinfj  may  be  compelled. 

O'Conor  v.  Sunseri  (C.  C.  A.  3rd  Clr.),  26  Am.  B.  R.  1 ;  184  Fed.  712;  107  C.  C.  A. 

When  petition  to  review  should  be  dismissed. 
In  re  Scherr,  14  Am.  B.  R.  794;   138  Fed.  695. 


324  FOKMS  IN  BANKRUPTCY. 

Objections  to  trustee's  account. 

Trustee  bound  to  use  due  diligence  in  collecting  assets  of  estate  and  may  be 
charged  with  value  of  assets  lost  by  failure  to  use  such  diligence. 

In  re  Cadenas  and  Coe,  24  Am.  B.  R.  135;   178  Fed.  158. 

In  re  Reinboth  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  15;  157  Fed.  672;  85  C.  C.  A.  340. 

See,  In  re  Bayley,  22  Am.  B.  R.  249;  177  Fed.  522. 

In  re  Olmsted   (D.  C.  Haw.),  32  Am.  B.  R.  344. 

In  re  Carotliers  &  Co.,  27  Am.  B.  R.  921;   193  Fed.  087. 

In  re  Eden  Musee  American  Co.  (D.  C.  N.  Y.),  36  Am.  B.  R.  111. 

Not  liable  as  trustee  for  injuries  to  property  of  another,  while  conducting  bank- 
rupt's business  without  an  order  authorizing  continuance  of  business. 

McCauley  v.  Jackson  (N.  Y.  App.  Div.),  34  Am.  B.  R.  371;  165  App.  Div.  (N.  Y.) 
846;   151  X.Y.  Supp.  120. 

Surcharged  for  mismanagement   or  dishonesty. 

In  re  Monsarrat  (D.  C.  Haw.),  25  Am.  B.  R.  820. 

Faynient  of  unauthorized  allowances  by  referee  to  himself. 

In  re  Borger  (Dist.  of  Col.  Sup.  Ct.),  35  Am.  B.  R.  238. 

An  order  sustaining  objections  to  a  trustee's  account  and  charging  trustee  with 
losses  reviewable  only  upon  petition  for  review  under  section  24-b. 

In  re  Moore  &  Bridgeman  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  651;  166  Fed.  689; 
92  C.  C.  A.  285. 

Exceptant  must  move  promptly  in  obtaining  a  review  or  he  will  be  deemed  to 
have  acquiesced. 

In  re  Scherr,  14  Am.  B.  R.  794;   138  Fed.  695. 

Act.     Sec.  58-a  (6). 

Accounts  of  trustee. —  E.xamination  of  by  referee. 
In  re  Baginsky,  Michel  &  Co.,  2  Am.  B.  R.  243. 
In  re  Fullick,  28  Am.  B.  R.  634;   201  Fed.  463. 
In  re  Byerly,  12  Am.  B.  R.  186;   128  Fed.  637. 
Must  be  complete  before  settlement  allowed. 
In  re  Carr,  8  Am.  B.  R.  635;  116  Fed.  556. 
In  re  Hoyt,  9  Am.  B.  R.  574;   119  Fed.  987. 

Deficiency  incurred  in  conducting  business  of  bankrupt  allowed  as  a  preferred 
claim. 

In  re  Prince  &  Walter,  12  Am.  B.  R.  675;   131  Fed.  546. 


FORMS  IN  BANKRUPTCY.  325 


FORM  No.  204. 


EXCEPTIONS  TO  TRUSTEE'S  ACCOUNT. 


United  States  District  Court, 

for  the District  of 

111  Bankruptcy. 


In  the  Matter 

OF 


No. 


Bankrupt. 


,  a  creditor  and  person  interested  in  the  aliove  entitled 

estate  appearing  by ,  his  attorney,  hereby  excepts  to  the  trustee's 

account  filed  herein  in  the  following  particulars : 

I.  He  excepts  to  the  following  items  of  expenditure  as  unnecessary,  unwar- 
ranted and  unlawful,  viz. :   


and  asks  that  the  said  trustee  be  surcharged  therewith. 

IT.     He  excepts  to  said  account  on  the  ground  that  the  trustee  has  failed  to 
account  for  the  following  assets  belonffinff  to  this  estate :. 


III.  He  excepts  to  said  account  on  tlie  ground  that  the  said  trustee  has 
wasted  and  negligently  lost  the  following  assets  Ijelonging  to  this  estate: 

IV.  (Set  forth  specifically  any  other  objections.) 

Wherefore, respectfully  asks  that  the  said 

account  be  not  allowed ;  that  the  trustee  be  not  discharged  until  he  has 
accounted  for  the  matters  above  set  forth. 

Dated ,  If)... 


Creditor. 

[Verification.] 

NOTES. 

Compensation  of  trustee.     Sees.  48-(a),  (b),  (c),  (e),  72. 

Cross-references,  Sees.  2,  (5),  51,  (2). 

General  Order  XXXV.,  (3).     See,  Rule  XXII,  So.  Dist.  of  N.  Y.  and  8  of  Instruc- 
tions to  Referees. 


32G  FORMS  IX  BANKRUPTCY. 

Commissions  on  "All  monies  disbursed,"  or  turned  over  to  any  person,  including 
lien  holders. 

Basis  for  determination. 

In  re  J.  M.  Fiske  &  Co.  (D.  C.  N.  Y.),  31  Am.  B.  R.  736;  209  Fed.  982. 

In  re  Smith  (C.  C.  A.  6th  Cir.),  29  Am.  B.  R.  628;  203  Fed.  369;  121  C.  C.  A. 
485. 

Application  determined  by  law  as  it  stood  at  time  of  appointment. 

In  re  Screws,  17  Am.  B.  R.  269;   147  Fed.  989. 

In  encumbered  property. 

In  re  Sanford  Furniture  Mf'g  Co.,  11  Am.  B.  R.  414;  126  Fed.  888. 

In  re  Muhlhauaer  Co.,  9  Am.  B.  R.  80. 

In  re  Cramond  (D.  C.  N.  Y.),  17  Am.  B.  R.  22;  145  Fed.  966. 

In  re  Hicks  (Ref.  Tex.),  27  Am.  B.  R.  168. 

In  re  Baughman  (D.  C.  So.  Car.),  20  Am.  B.  R.  811;   163  Fed.  669. 

Denied  in  pledged  stock  in  hands  of  pledgee. 

In  re  Meadows  (D.  C.  N.  Y.),  29  Am.  B.  R.  165;   199  Fed.  304. 

^\nien  no  surplus. 

Smith  V.  Township  of  Au  Ores  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  745;  150  Fed.  257; 
80  C.  C.  A.  145. 

In  re  Bourlier  Cornice  and  Roofing  Co.,  13  Am.  B.  R.  585;    133  Fed.  958. 

Commissions  on  exempt  property. 

In  re  Castleberry  (D.  C.  Ga.),  16  Am.  B.  R.  430;   143  Fed.  1018. 

Trustee  removed  for  misconduct  denied  compensation. 

In  re  Leverton   (D.  C.  Pa.),  19  Am.  B.  R.  434;   155  Fed.  931. 

Contract  for  extra  compensation  made  with  creditor  void  as  against  public  policy. 

Devries  v.  Orem   (Ct.  of  App.  Md.),  17  Am.  B.  R.  876;   65  Atl.  430. 

American  Surety  Co.  v.  Freed  (C.  C.  A.  3rd  Cir.),  35  Am.  B.  R.  103;  224  Fed.  333. 

None  on  secured  creditor's  claim. 

In  re  Anders  Push  Button  Telephone  Co.  (D.  C.  N.  Y.),  13  Am.  B.  R.  043;  136 
Fed.  995. 

A  trustee  who  is  an  attorney  at  law  not  allowed  additional  compensation  for  legal 
services  performed  by  himself. 

In  re  Van  Denburg  (D.  C.  O.).  34  Am.  B.  R.  521;  221  Fed.  475. 

When  entitled  to  full  commissions. 

In  re  Morse  Iron  \Vork9  and  Dry  Dock  Co.  (D.  C.  N.  Y.),  18  Am.  B.  R.  846;  154 
Fed.  -214. 


FORMS  IN  BANKRUPTCY.  327 


FORM  No.  205. 

PETITION  OF  ATTORNEY  FOR  TRUSTEE  FOR  AN  ALLOWANCE  FOR 
SERVICES  AND  FOR  A  CERTIFICATE  FOR  ADDITIONAL  COMPEN- 
SATION.     (LOCAL  RULE.) 


District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


No. 


Banlrnpt. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

1.  That  he  is  the  attorney  for  the  trustee  herein. 

2.  That  on  the day  of ,  19 .  . , was 

duly  appointed  trustee  in  bankruptcy  herein  and  duly  qualified.     That  there- 
after and  on  or  about  the day  of your  petitioner  was 

duly  retained  by  the  said  trustee  to  act  as  his  attorney  in  the  administration 
of  the  estate  and  has  since  continued  to  r-ct  in  such  capacity. 

3.  That  your  petitioner  has  rendered  a  large  amount  of  services  to  tliis 
estate  which  are  enumerated  as  follows : 

[Set  forth  explicitly  and  in  detail  showing  amount  of  time  involved.] 

4.  That  the  trustee's  final  account  herein  sliows  that  he  has  received  a 

total  of  $ and  has  disbursed  the  sum  of  $ ,  leaving  a 

balance  in  his  hands  for  distribution  of  $ 

5.  That  petitioner  has  received  no  compensation  for  his  services  rendered 
to  this  estate  as  above  set  forth  and  has  incurred  necessary  disbursements  and 
expenses  of  $ ,  a  schedule  of  which  is  hereto  annexed. 

6.  Petitioner  respectfully  submits  that  his  services  in  view  of  the  amount 
of  time  and  work  involved  and  results  attained  entitle  him  to  a  greater 
amount  of  compensation  than  the  referee  is  empowered  to  grant  under  the 
rule  of  this  court. 

Wherefore,  petitioner  prays  for  such  allowance  for  his  services  as  to  the 
court  may  seem  just  and  ])roper.  that  his  disbursements  be  allowed  and  that 


328  FOKMS  IN  BANKRUPTCY. 

tlie  rcierce  herein  grant  him  a  certificate  for  additional  compensation  as  pro- 
vided bv  Eule of  this  district. 


Petitioner. 
[Verification.] 


FORM  No.  206. 

CERTIFICATE    OF    REFEREE    FOR    ADDITIONAL,    COMPENSATION    TO 
ATTORNEY  FOR  TRUSTEE  (SOUTHERN  DISTRICT  OF  NEVT  YORK). 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


BanWupt. 


To  the  IIonora])le  Judges  of  the  United  States  District  Court, 
for  the  Southern  District  of  New  York : 

I, ,  referee  in  bankruptcy,  in  charge  of  this  case  do  hereby 

certify  as  follows: 

That  the  bankrupt  herein  was  a  corporation  organized  and  existing  under 

the  laws  of  the  State  of   ,  and  having  its  principal  place  of 

business  at  Xo street,  in  the  Borough  of ,  city  of 

,  where  it  was  engaged  m  the  manufacture  and  sale  of 

That  said  company  was  duly  adjudicated  a  bankrupt  on 

the day  of ,  19 . . ,  and  on  tlie day  of 

,  19 .  .,  at  the  first  meeting  of  creditors  held  before  me, 

,  was  elected  trustee  and  duly  qualified.    That  on  the 

day  of ,  19 .  .,  the  said  trustee  filed  his  final  account  with 

the  vouchers  in  support  thereof  and  on  said  day, ,  attorney  for 

said  trustee  filed  with  me  an  application  for  allowance  for  his  services  as  such 
attorney  and  praying  for  additional  compensation.  Due  notice  was  given  to 
all  of  the  creditors  herein  of  a  meeting  to  consider  such  application  and  pass 
on  the  trustee's  account.     That  such  meeting  was  duly  held  at  my  office  on 


FORMS  IN  BANKRUPTCY.  329 

,  19.  .,  aud  no  objections  were  made  or  filed  to  such 

account. 

The  trustee  in  his  final  account  charges  himself  with  having  received  a  total 

of  $ and  credits  himself  with  having  disbursed  the  sum  of  $ , 

leaving  in  his  hands  a  balance  of  $ 

That  the  commissions  of  the  trustee  herein  amount  to  the  sum  of  $ 

That  it  appears  by  the  petition  of ,  the  attorney  for  the 

trustee,  that  he  has  acted  continuously  as  such  attorney,  from , 

19 .  . ,  to  date,  a  period  of  more  than years,  and  has  brought  a  suit 

against and  others,  to  recover  assets  in  large  amount  alleged 

to  have  been  diverted  from  said  corporation  prior  to  the  adjudication,  and  con- 
cealed.   That  such  suit  was  instituted  in  the Court  of 

and  resulted  in  a  substantial  recovery  for  the  estate.  That  the  amount  of  time 
employed  l)y  counsel  in  the  conduct  of  this  suit  may  be  summarized  as  follows : 


That  this  involved  the  preparation  of  the  bill  in  equity,  taking  out  of  commis- 
sions to  take  testimony  in  various  states,  preliminary  motions  and  the  actual 

trial  of  the  case  on  the day  of ,  resulting  in  a  decree 

in  favor  of  the  trustee  upon  which  the  estate  realized  the  sum  of  $ 

That  it  also  appears  by  the  petition  of  said  attorney  for  the  trustee  that  he 
conducted  a  lengthy  examination  of  the  officers  of  the  bankrupt  and  other 
witnesses  at  the  first  meeting  of  creditors  and  adjournments  thereof  before  the 
referee  and  also  special  examinations  under  orders  obtained  upon  application 
under  section  21-a,  involving days  of  attendance  before  the  referee. 

It  also  appears  that  the  said  attorney  collected  the  outstanding  accounts 
entailing  correspondence  with  debtors  in  various  parts  of  the  country ;  that  he 

investigated  a  pending  suit  of  the  bankrupt  against in 

,  and  advised  the  trustee  with  reference  to  same. 

lie  also  lirought  proceedings  on  behalf  of  the  trustee  to  re-examine 

different  claims  filed  in  the  referee's  office,  each  of  which  was  an  independent 
proceeding,  and  are  set  forth  in  detail  in  the  attorney's  petition  wiib  the 
ultimate  dis])osition  of  each  proceeding.  These  re-examinations  involved  an 
unusual  amount  of  time  and  work  for  the  trustee's  attorney  and  were  of  sub- 
stantial benefit  in  reducing  the  amount  of  claims  presented  against  the  estate. 

He  also  prepared  petition  and  order  for  sale  of  bankrupt's  effects  and  bill 
of  sale  thereon,  and  the  various  reports  and  final  account  of  the  trustee.  He 
also  rendered  the  general  and  ordinary  services  of  the  attorney  for  the  trustee- 
That  in  view  of  the  facts  presented  and  the  amount  of  services  rendered,  I  am 

of  the  opinion,  that  the  sum  of  $ which  is  the  maximum  amount 

that  may  be  allowed  by  the  referee  is  inadequate  compensation  for  the  services 

rendered  and  that  the  attorney  for  tlie  trustee  herein, ,  is 

entitled  to  roceivo  for  hip  services  as  such  attorney  a  sum  in  excess  thereof  and 


330 


FOEMS  IX  BAXKRUPTCY. 


is  granted  permission  to  apply  to  the  Court  for  such  additional  compensation 
as  to  the  Court  may  seem  proper. 

That  this  certificate  is  made  in  pursuance  of  Rule  8  of  instructions  to 
referees  in  bankruptcy. 

Dated ,  19.  .. 

Respectfully  submitted. 


Referee  in  Bankruptcy. 


FORM  No.  207. 

ORDER  ALLO\(riNG  ADDITIONAL  COMPENSATION  TO  ATTORNEY  FOR 

TRUSTEE. 

At  a  Stated  Term  of  the  United  States 

District  Court,  for  the District 

of ,  held  at  the  United 

States  Court  House,   ,  City 

of on  the day  of 

,19.. 

Present  : 

Hon , 


District  Judge. 


In  thu  Matter 

OF 


Banl-riipf. 


r  No. 


,  the  attorney  for  the  trustee  herein,  having  presented 

his  duly  verified  petition  praying  that  he  be  allowed  additional  compensation 
for  services  rendered  by  him  to  the  trustee  in  this  proceeding,  and  a  meeting  of 
creditors  having  been  duly  held  after  due  notice  of  the  filing  of  said  petition, 
and  the  referee  having  filed  his  certificate  to  the  effect  that  in  his  opinion, 
said  attorney  is  entitled  to  additional  compensation,  and  a  motion  having 
been  duly  made  by  the  said  attorney  for  an  order  fixing  and  allowing  same, 

now  upon  reading  and  filing  the  certificate  of  .• ,  Esq.,  Referee, 

dated ,  19 .  . ,  the  petition  of verified 

ID.  .,  and  upon  all  the  proceedings  had  herein,  and  no 


FORMS  IN  BANKRUPTCY. 


331 


one  appearing  in  opposition  thereto,  it  is  on  motion  of   , 

attorney  for  the  trustee  herein, 

Ordered,  that  the  said  attorney  for  the  trustee  l)e  and  ho  lierehy  is  allowed 
additional  compensation  and  the  trustee  is  hereby  directed  to  pay  to  him  out 

of  the  funds  in  his  hands  l)elonging  to  the  estate,  the  sum  of 

dollars  in  addition  to  amount  heretofore  allowed  by  the  referee  herein. 

• J 

D.J. 


FORM  No.  208. 

TRUSTEE'S  FINAL  REPORT. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  JVIattek 

OF 


Banlrupt. 


No. 


To Esq.,  Referee  in  Bankruptcy : 

T trustee  in  l^ankruptcy  of  the  above  named  liankrupt 

do  herel)y  report  that  on  the day  of ,  19 .  . ,  an  order 

was  duly  made  herein  passing  my  accounts  as  trustee  herein  and  directing  me 
to  make  certain  payments,  and  that  pursuant  to  said  order  I  have  made  the 
payments  directed  therein  and  file  herewith  the  vouchers  in  support  thereof. 

I  further  report  that  there  are  now  no  assets  in  my  hands  as  trustee  and  no 
other  assets  are  discoverable. 

"Wherefore.  T  respectfully  y)ray  that  an  order  be  made  herein  discharging  me 
of  my  trust  and  directing  that  my  bond  be  cancelled. 

Dated ,  19... 


Trustee. 


[Verification.] 


332 


FORMS  IN  BANKRUPTCY. 


FORM  No.  209. 

ORDEK  DISCHARGING  TRUSTEE. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


BanlrupL 


y  No. 


An   order  liaving  l)een  heretofore   made   in   this   proceeding   passing  the 

account  of ,  the  trustee  herein,  and  directing  him  to  make 

certain  payments,  and  the  said  trustee  having  filed  in  the  office  of  the  referee 
his  final  report,  with  the  vouchers  in  support  thereof,  showing  that  the  pay- 
ments directed  hy  said  order  have  been  duly  made,  and  that  he  has  no  further 
assets  in  his  hands  and  none  is  discoverable,  it  is 

Ordered,  that  the  said  report  be  and  the  same  herel)y  is  allowed  as  filed,  and 
the  said  trustee  hereby  discharged  of  his  trust,  and  his  bond  as  trustee  directed 
to  be  cancelled. 

Dated ,  19... 


Referee  in  Banlcruptcy. 


NOTES. 
Jud^e  has  power  to  vacate. 
Brown  v.  Persons,  10  Am.  B.  U.  416;   122  Fed. 


212. 


PART  VI. 

EXAMINATION   OF  WITNESSES  AND   DEPOSITIONS. 

Form  No.  210.     Petition  by  Receiver  for  Examination  under  Sec.  21-a  before  Special 
Commissioner. 

211.  Order  for  Examination  tiiereon. 

212.  Order  for  Examination  of  Bankrupt. 

213.  Petition   by   Trustee  for   Order   of   Examination   of   Witness   and   for 

Subpoena. 

214.  Order  for  such  Examination  and  that  Subpoena  issue. 

215.  Petition  that  U.  S.  Marshal  produce  Prisoner  for  Examination. 

216.  Order  that  ilarslial  produce  Prisoner  for  Examination. 

217.  Subpoena  to  appear  before  Special  Commissioner. 

218.  Subpoena  Ticket. 

219.  Summons  to   \Mtness  to  appear  before  Referee. 

220.  Subpoena  Duces  Tecum. 

221.  Return  of  Summons  to  Witness. 

222.  Examination  of  Bankrupt  or  Witness. 

223.  Petition  that  Witness  sij|;n  Testimony  before  Referee. 

224.  Order  that  Witness  sign  Testimony. 

225.  Petition  for  Leave  to  obtain  Ancillarj'  Order  of  Examination. 

226.  Order  granting  Leave  to  apply  for  Ancillary  Order  of  Ivixiimination. 

227.  Petition  in  Court  of  Ancillary  Jurisdiction  for  Order  of  Examination. 

228.  Order  of  Examination  in   Court  of  Ancillary  Jurisdiction. 

229.  Notice  of  taking  Deposition   {De  Dene  Esse). 

230.  Deposition  (De  Bene  Esse). 

231.  Certificate  of  Commissioner  or  Notary  Public  thereon. 

FORM  No.  210. 

PETITION     BY     RECEIVER     FOR     EXAMINATION     UNDER     SEC,     21-a 
BEFORE  SPECIAL  COMMISSIONER. 

United  States  District  Court, 

District  of   : 

In  Bankruptcy. 


In  the  I\ Latter 

OF 


Banlcrnpt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the District  of  .  . 

[333] 


334  rOKMS  IX  BAXKKUPTCY. 

The  petition  of respectfully  shows  and  alleges : 

1.  That  on  or  about  the clay  of ,  19 . .,  a  petition 

in  involuntary  1)ankruptcy  was  tiled  bv  certain  creditors  against  the  above 
named  bankrupt  and  on  said  day  your  petitioner  was  duly  appointed  temporary 
receiver  in  bankruptcy  and  has  duly  qualified  and  is  now  acting  as  such 

receiver.     (That  an  order  of  adjudication  was  entered  herein  on  the 

day  of ,19..) 

2.  That  the  assets  belonging  to  the  estate  consist  of  the  following: 


and  your  petitioner  has  had  considerable  difficulty  in  collecting  and  obtaining 
possession  of  same ;  and  although  he  has  endeavored  to  ascertain  the  exact 
condition  of  this  property  and  other  matters  pertaining  to  the  bankruptcy 
proceedings  from  the  bankrupt,  he  has  been  unable  either  to  get  possession  of 
the  books,  or  to  acquire  sufficient  information  to  enable  him  to  proceed  with 
the  collection  of  the  accounts  and  other  matters  pertaining  to  the  adminis- 
tration of  the  estate. 

3.  That of and 

of   were  employees  of  (or  had  business  relations  with) 

the  bankrupt  and  your  petitioner  believes  have  certain  information  of  value  to 
the  administration  of  this  estate. 

4.  That  without  an  early  examination  of  the  designated  persons,  concern- 
ing the  acts,  conduct  and  property  of  the  bankrupt  whose  estate  is  in  process 
of  administration,  your  petitioner  fears  he  will  have  great  difficulty  in  collect- 
ing the  outstanding  accounts,  recovering  property  and  otherwise  properly 
administering  the  estate. 

Wherefore,  your  petitioner  prays  for  an  order,  under  Section  21-a  of  the 

United  States  Bankruptcy  Act,  requiring and 

to  appear  before  a  special  commissioner  of  this  court  and  be  examined  con- 
cerning the  acts,  conduct  and  property  of  the  bankrupt  whose  estate  is  in 
process  of  administration. 


Petitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY. 


335 


FORM  No.  211. 

ORDER  FOR  EXAMINATION  THEREON. 


At  a  Stated  Term  of  the  District  Court 

of  tlie  United  States  for District 

of held  at  the  United  States 

Court  House,  City  of ,  on 

the day  of ,19. 


Present  : 
Hon , 


District  Judge. 


Ix  THE  Matter 
OP 


Banlrupt. 


On  reading  and  filing  the  petition  of ,  temporary 

receiver  herein,  verified  the   day  of   ,  19.  .,  the 

})etition  in  bankruptcy  and  all  the  ])roceedings  heretofore  had  herein  and 

pufficient  reason  appearing  to  me  therefor,  on  motion  of , 

attorney  for  said  receiver,  it  is 

Ordered,  that ,  of ,  appear  before 

,  Esq.,  who  is  hereby  appointed  Special  Commissioner  for 

that  purpose,  and  be  examined  concerning  the  acts,  conduct  and  the  property 
of  the  said  bankrupt,  whose  estate  is  in  process  of  administration,  and  the 
clerk  of  this  Court  is  hereby  authorized  to  issue  a  subpoena  to  secure  the 
attendance  of  such  witness. 


D.J. 
NOTES. 
Examination  of  witnesses.     Sec.  21-a,  7  (9). 

Cross  References.     Sees.  12,  20,  38  (2)  (5)  39  (5)  (9)  41-a  (3)  (4)  58-a  (1). 
General  Orders  IV,  X,  XII  (1),  XXII. 
Authority  for  Examination  under  21-a. 
When  authorized  before  adjudication; 
Estate  in  process  of  administration. 

Cameron  v.  United  States  (U.  S.  Sup.).  31  Am.  B.  R.  604:  231  U.  S.  710;  58  L.  Ed. 
448;  rev'g  on  other  prounds,  s.  c.  27  Am.  B.  R.  657;  192  Fed.  548;  113  C.  C.  A.  20. 
In  re  Howard  (D.  C.  Cal.),  2  Am.  B.  R.  582;  95  Fed.  415. 
In  re  Fleischer  (D.  C.  N.  Y.),  18  Am.  B.  R.  194;  151  Fed.  81. 


336  FORMS  IN  BANKRUPTCY. 

Rawlins  &  Rawlins  v.  Hall-Epps  Clothing  Co.  (C.  C.  A.  5th  Cir.),  33  Am.  B.  R.  237; 
217  Fed.  884;   133  C.  C.  A.  594. 

Within  discretion  of  court. 

In  re  Andrews,  12  Am.  B.  R.  267;  130  Fed.  383. 

Contra.  Skubinsky  v.  Brodek  et  al.  (C.  C.  A.  3d  Cir.),  22  Am.  B.  R.  630;  172  Fed. 
332;  97  C.  C.  A.  116. 

In  re  Crenshaw  (D.  C.  Ala.),  19  Am.  B.  R.  266;  155  Fed.  271.  In  re  Davidson 
(D.  C.  Mass.).  19  Am.  B.  R.  833;  158  Fed.  678. 

Who  may  apply  for  examination. 

The  bankrupt,  creditor  or  any  officer  may  ajiply.     "  Officer "  includes  receiver. 

In  re  Fixen,  2  Am.  B.  R.  822;  96  Fed.  748. 

Even  though  creditor  has  not  proved  his  claim. 

In  re  Rose,  19  Am.  B.  R.  169;   163  Fed.  636. 

In  re  Walker,  3  Am.  B.  R.  35;   96  Fed.  550. 

In  re  Jehu,  2  Am.  B.  R.  498;  94  Fed.  638. 

In  re  Samuelsohn,  23  Am.  B.  R.  528;   174  Fed.  911. 

In  re  Kuffler.  18  Am.  B.  R.  587;  153  Fed.  667. 

\Mien  application  may  be  made  to  referee. 

In  re  Abbey  Press  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  11;  134  Fed.  51;  67  C.  C.  A. 
161. 

In  application  for  order  to  examine  the  bankrupt  or  a  third  person  not  necessary 
to  set  forth  the  questions  to  be  asked  or  particular  facts  or  transactions  to  be  inves- 
tigated. 

In  re  Bryant.  26  Am.  B.  R.  504;   188  Fed.  530- 

Jn  re  Howard,  2  Am.  B.  R.  582;   95  Fed.  415. 

Who  may  be  examined. 

Any  designated  person;  assignee  or  receiver  under  State  law  included. 

In  re  Pursell.  8  Am.  B.  R.  96;  114  Fed.  371. 

People's  Bank  v.  BroAvn  (C.  C.  A.  3rd  Cir.),  7  Am.  P..  R.  475;  112  Fed.  652;  50 
C.  C.  A.  411. 

Person  liable  to  suit  may  be  examined. 

In  re  Cliffe,  3  Am.  B.  R.  257;  97  I>d.  540. 

Person  to  be  examined  not  entitled  to  notice  of  application,  nor  creditors. 

In  re  Abbey  Press   (C.  C.  A.  2nd  Cir.)    (supra). 

In  re  Abrahamson  &  Bretstein,  1  Am.  B.  R.  44. 

Privilege  from  service  of  process  in  State  court  while  attending  meeting  of  cred- 
itors under  subpoena. 

Powell  V.  Pangborn  (X.  Y.  App.  Div.),  31  Am.  B.  11.  63;);  101  Api>.  Div.  (X.  Y.) 
453;   145  X.  Y.  Supp.  1073. 

After  estate  is  closed,  examination  of  third  persons  cannot  be  had. 

In  re  Cobb,  7  Am.  B.  R.  104. 

In  re  Sumner,  4  Am.  B.  R.  123;  101  Fed.  221. 

Examination  for  purpose  of  framing  specifications  in  opposition  to  discharge. 

In  re  Price,  1  Am.  B.  R.  419;  91  Fed.  635. 

Examination  of  wife  of  bankrupt  since  amendment  of  1903. 

What  latitude  allowed. 

In  re  Worrell.  10  Am.  B.  R.  744;  125  Fed.  li>9. 

See,  Act  of  June  29,  1906,  amending  Rev.  Stat.  Sec.  858. 

In  re  Kessler   (D.  C.  Pa.),  35  Am.  B.  R.  30;  225  Fed.  394. 

Bankrupt  entitled  to  counsel. 

In  re  Hark  Bros.,  14  Am.  B.  R.  624;   1.36  Fed.  986. 

Witness  other  than  bankrupt  not  entitk^  to  counsel  as  matter  of  riglit. 


FORMS  IN  BANKRUPTCY.  337 

In  re  Cobb,  7  Am.  B.  R.  104.     In  re  Howard   (supra). 

In  re  Abbey  Press   (C.  C.  A.  2nd  Cir.)     (supra). 

Special  commissioner  may  administer  oath  to  ■witness. 

Wechsler  v.  U.  S.,  19  Am.  B.  R.  1;   158  Fed.  579;  86  C.  C.  A.  37. 

And  should  be  present  at  hearing  to  personally  see  and  hear  witnesses. 

In  re  Rubin  &  Lipmun  (D.  C.  N.  Y.),  32  Am.  B.  R.  295;  215  Fed.  669. 

Scope  of  examination. 

Great  latitude  allowed. 

In  re  Morgan  &  Slattery  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  253;  98  Fed.  414;  39  C. 
C.  A.  118;  aff'g,  s.  c.  97  Fed.  319.     In  re  Foerst,  1  Am.  B.  R.  259;  93  Fed.  190. 

In  re  Pittner,  2  N.  B.  X.  Rep.  915. 

In  re  Carley,  5  Am.  B.  R.  554;  106  Fed.  862. 

In  re  Harden,  1  Am.  B.  R.  670;  96  Fed.  199. 

In  re  Brundage,  4  Am.  B.  R.  47;   100  Fed.  613. 

In  re  Fi.xen,  2  Am.  B.  R.  822;  96  Fed.  748. 

Wechsler  v.  United  States  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  1;  158  Fed.  579;  86 
C.  C.  A.  37. 

In  re  Lathrop,  Haskins  &  Co.  (D.  C.  N.  Y.),  24  Am.  B.  R.  911;   184  Fed.  534. 

In  re  Straschnow  (C.  C.  A.  2nd  Cir.),  24  Am.  B.  R.  948;  181  Fed.  337;  104  C.  C. 
A.  167. 

Examination  not  extended  to  property  acquired  after  filing  of  petition. 

In  re  Hayden  (supra). 

In  re  White,  2  X.  B.  X.  Rep.  536. 

But  see.  In  re  Walton,  1  X.  B.  X.  533. 

Meaning  of  words  in  statute,  "  concerning  the  property  of  the  Ijankrupt." 

In  re  Seligman   (D.  C.  X.  Y.),  26  Am.  B.  R.  664;   192  Fed.  750. 

Impeaching  credibility  of  hostile  witness. 

Hankinson  v.  Vantine,  152  X.  Y.  20,  27. 

In  re  Calvi   (D.  C.  X.  Y.),  26  Am.  B.  R.  206,  219;   185  Fed.  642. 

Power  to  pass  upon  evidence. 

In  re  Automatic  Musical  Co.,  30  Am.  B.  R.  328;  204  Fed.  33 1. 

Committed  for  contempt  owing  to  contumacy  and  pretended  lack  of  memory. 

In  re  Schulman,  21  Am.  B.  R.  288;  160  Fed.  237;  aff'd,  23  Am.  B.  R.  809;  177  Fed. 
191;   101  C.  C.  A.  3G1. 

Criminating  questions. 

Counselnuui  v.  Hitchcock   (U.  S.  Sup.),  142  U.  S.  547. 

In  re  Kanter  &  Coiien,  9  Am.  B.  R.  104;  117  Fed.  356. 

In  re  Hooks  Smelting  Co.,  15  Am.  B.  R.  S3,  13S  Fed.  054.  In  re  Scott,  1  Am.  B.  R. 
49;  95  Fed.  815.  In  re  Rosser,  2  Am.  B.  R.  755;  96  Fed.  305.  In  re  Hathorn,  2  Am.  H. 
R.  298.     In  re  Walsh,  4  Am.  B.  R.  693;  104  Fed.  518. 

Mackel  v.  Rochester  (C.  C.  A.  9th  Cir.),  4  Am.  B.  R.  1 ;  102  Fed.  314:  42  C.  C.  A. 
427.    In  re  Henschel,  7  Am.  B.  R.  207.    In  re  Shera,  7  Am.  B.  R.  552;  114  Fed.  207. 

In  re  Xachman,  8  Am.  B.  R.  180;   114  Fed.  995. 

In  re  Franklin  Syndicate,  4  Am.  B.  R.  511;  114  Fed.  205. 

United  States  v.  Brod,  23  Am.  B.  R.  740;  176  Fed.  165. 

In  re  Feldstein,  4  Am.  B.  R.  321;   103  Fed.  260. 

lu  re  Bendheim  (D.  C.  X.  Y.),  24  Am.  B.  R.  2.54;   180  Fed.  918. 

Does  not  exempt  Ixinkrupt  from  prosecution,  if  he  voluntarily  testifies. 

Burrell  v.  State,  12  Am.  B.  R.  132;  194  U.  S.  572;  48  L.  Ed.  1122;  aff'g  27  Mont. 
282;  United  States  v.  Simon,  17  Am.  B.  R.  41;   146  Fed.  89. 

Waiver  of  privilege. 


338  FOKMS  IX  BAXKEUPTCY. 

In  re  Bendheim  {supra). 

In  re  Tobias  Greenthal  &  Mendelson,  31  Am.  B.  R.  889;  215  Fed.  815. 
When  court  is  convinced  that  the  answer  to  question  cannot  by   any  reasonable 
possibility  incriminate,  witness  should  be  compelled  to  answer. 
In  re  Levin  (D.  C.  X.  Y.),  11  Am.  B.  R.  382;   131  Fed.  388. 

Privileged  communications. 

In  re  Ruos,  20  Am.  B.  R.  281;  159  Fed.  252. 

People's  Bank  v.  Brown  (C.  C.  A.  3rd  Cir.),  7  Am.  B.  R.  475;  112  Fed.  652;  50  C. 
C.  A.  411. 

In  re  Jefferson,  3  Am.  B.  R.  174;  96  Fed.  826;  In  re  Mayer,  3  Am.  B.  R.  222;  97 
Fed.  328. 

Use  of  examination  in  other  proceedings. 

Wechsler  v.  United  States  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  1 ;  158  Fed.  579;  86  C. 
C.  A.  37;  revg  16  Am.  B.  R.  1. 

In  re  Wilcox,  6  Am.  B.  R.  362;   109  Fed.  628;  48  C.  C.  A.  567. 

In  re  Alphin  &  Lake  Cotton  Co.,  12  Am.  B.  R.  653;  131  Fed.  823. 

Breckons  v.  Snyder,  15  Am.  B.  R.  112;  211  Pa.  St.  176. 

In  re  Shaw,  6  Am.  B.  R.  499;  109  Fed.  780;  In  re  Keller,  6  Am.  B.  R.  334;  109  Fed. 
118. 

In  reclamation  proceedings  after  death  of  bankrupt  his  testimony  at  first  meeting 
admissible. 

In  re  Thompson  (D.  C.  X.  J.),  28  Am.  B.  R.  794;  197  Fed.  681. 

When  evidence  taken  on  general  examination  under  21 -a  is  admissible  in  discharge 
proceeding. 

In  re  Malschick.  33  Am.  B.  R.  214;  217  Fed.  492. 

Shaffer  v.  The  Koblegard  Co.  (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  898;  183  Fed.  71; 
105  C.  C.  A.  363;  aff'g  In  re  Shaffer,  22  Am.  B.  R.  147;   169  Fed.  724. 

When  inadmissible. 

In  re  Xational  Boat  &  Engine  Co.,  33  Am.  B.  R.   154;   216  Fed.  208. 

See  Collier  (10th  Ed.),  p.  331. 

Use  of  stenographer's  notes  of  testimony  given  by  bankrupt  at  first  meeting  not 
read  to  witness  or  signed  by  him  is  admissible  against  him  in  a  contempt  proceeding 
when  stenographer  who  took  the  notes  is  called  and  attests  to  their  accuracy. 

In  re  Kaplan  Bros.  (C.  C.  A.  3rd  Cir.),  32  Am.  B.  R.  305;  213  Fed.  753;  130  C.  C. 
A.  267. 


FORMS  IN  BANKRUPTCY. 


339 


FORM  No.  212. 

[Official.] 
ORDER  FOR  EXAMINATION  OF  BANKRUPT. 


In  the  District  Court  of  the  United  States, 

for  the District  of  . 

In  Bankruptcy. 


In  thk  ]\Iatter 

OF 


Banlrupt. 


Y   Xo. 


At ,  on  the  day  of ,  A.  D.  19.. 

I'pon  the  application  of ,  trustee  of  said  liankrupt 

[or  creditor  of  said  bankrupt],  it  is  ordered  that  said  bankrupt  attend  before 

,  one  of  the  referees  in  bankruptcy  of  this  court,  at 

on  the day  of ,  at  . .  o  'clock 

in  the  . . .  .noon,  to  sul)mit  to  examination  under  the  Acts  of  Congress  relating 
to  bankruptcy,  and  that  a  copy  of  this  order  be  delivered  to  him,  the  said 
bankrupt,  forthwith. 


Beferee  in  Bankrwptcy. 
NOTES. 
This  form  is  little  used.     As  a  matter  of  practice  the  bankrupt  is  examined  at  the 
first  meeting  of  creditors  or  adjournments  thereof  without  formal  order. 

Examination  of  bankrupt.     Sec.  7  (9). 

In  re  Mellen,  3  Am.  B.  P..  '22(5:  <)7  Fed.  326. 

For  framing  specifications  upon  discharge. 

Tn  re  Price,  1   Am.  B.  R.  41<);  m  Fed.  635. 

Examination  of  bankrupt  after  discliarge  and  while  estate  is  in  process  of  admin- 
istration. 

Tn  re  Westfall  Bros.  &  Co.,  8  Am.  B.  R.  431. 

See,  Tn  re  I^eters,  1  Am.  B.  R.  248. 

His  duty  to  testify  fully. 

In  re  FelhTman.  17  Am.  B.  R.  TSo;  140  Fed.  244. 

In  re  Jacobs  &  Roth,  18  Am.  B.  R.  728;   1.54  Fed.  988. 

!May  be  punished  for  persistent  evasive  answers.  Tn  re  Singer,  23  Am.  B.  R.  2S ; 
174  Fed.  208. 

A  creditor  even  tliough  he  has  not  filed  a  claim  is  entitled  to  examine  a  bankrupt 
under  the  provision  of  Sec.  7-a. 


340  FOEMS  IX  BAXKKUPTCY. 

In  re  Samuelsohn  (D.  C.  X.  Y.),  23  Am.  B.  R.  528;  174  Fed.  911. 
How  testimony  taken  is  in  discretion  of  referee. 
In  re  Goldstein,  19  Am.  B.  R.  96;   155  Fed.  695. 
Governed  largely  by  local  district  rules. 

Dressell  v.  North  State  Lumber  Co.,  9  Am.  B.  R.  541;  119  Fed.  531. 
In  re  Sturgeon  (C.  C.  A.  2nd  Cir.),  14  Am.  B.  R.  681;  139  Fed.  60S;  71  C.  C.  A.  592. 
In  re  Lange,  3  Am.  B.  R.  231;  97  Fed.  197.    In  re  Tudor,  4  Am.  B.  R.  78;  100  Fed. 
796.     In  re  Isaacson  (D.  C.  N.  Y.),  23  Am.  B.  R.  665;  175  Fed.  292. 
Revival  of  proceedings  for  examination  in  discretion  of  court. 
In  re  Bryant,  26  Am.  B.  R.  504;  188  Fed.  530. 

Correction  of  testimony. 

In  re  Hark  Bros.,  14  Am.  B.  R.  624;  136  Fed.  986. 


FORM  No.  213. 

PETITION  BY  TRUSTEE  FOR  ORDER  OF  EXAMINATION  OF  AVITNESS 

AND  FOR  SUBPOENA. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Banl-rupt. 


Xo. 


To 

,  Esq., 

Beferee  in  Bankruptcy. 

The  petition  of respectfully  shows : 

1.  That  he  is  the  trustee  herein,  duly  qualified  and  acting. 

2.  (That  the  bankrupt  in  this  proceeding  has  left  the  jurisdiction  and  has 
not  been  present  at  any  meeting  of  creditors.  That  the  books  of  account  have 
not  come  into  the  possession  of  the  trustee,  and  your  petitioner  has  been  able 
to  obtain  but  little  information  concerning  the  condition  of  this  estate). 

3.  That  upon   information   and   belief   certain   pa\Tnents   were   made   to 

of   which  petitioner  believes  to  have  been 

preferential  (or  certain  property  has  been  transferred  to 

within  the  last  three  months  which  petitioner  desires  to  investigate). 


FORMS  IN  BANKRUPTCY.  341 

4.     That  in  the  opinion  of  your  petitioner of , 

of and of ,  have 

certain  information  concerning  the  acts,  conduct  of  said  bankrupt  and  the 
property  of  the  said  bankrupt  estate  now  in  process  of  administration  and 
that  the  persons  aforesaid  are  in  possession  of  certain  papers  which  projjcrly 
belong  to  this  estate  or  would  throw  light  on  said  transactions. 

Wherefore,  petitioner  prays  for  an  order  under  Section  21-a  of  the  Bank- 
ruptcy Act  requiring  the  above  named  persons  to  appear  before  the  referee 
and  be  examined  concerning  the  acts,  conduct  of  the  bankrupt  and  the  property 
belonging  to  the  bankrupt  estate  and  that  a  subpoena  (duces  tecum)  be  issued 
by  the  clerk  of  this  court  directed  to  such  persons. 


relitioner. 
[Verification.] 


FORM  No.  214. 

ORDER  FOR  EXAMINATION  AND  TKAT  SUBPOENA  ISSUE. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  ]\1atter 
OP 


No. 


Banl-rupt. 


On  reading  and  filing  the  ])etition  of , 

the  trustee  herein,  duly  verified,  and  on  motion  of , 

attorney  for  said  trustee,  it  is 

Ordered,  that   and    , 

appear  before  me  for  examination  concerning  the  acts,  conduct  of  the 
bankrupt  and  property  belonging  to  the  bankrupt  estate  herein  now  in 

process  of  administration,  at  my  office,  No Street, 

City  of ,  and  that  a  subpoena  be  issued  by  the  clerk 

of  this  court  directed  to  such  persons  requiring  them  to  be  present  at 
the  time  designated  in  said  subpoena. 

Dated ,  19.  .. 


Referee  in  Bankruptcy. 


342  FOKMS  IN  BANKRUPTCY. 


FORM  No.  215. 

PETITION  THAT  U.  S.  MARSHAL  PRODUCE  PRISONER  FOR  EXAMINA- 
TION. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  IMatter 

OF 


BanliTupf. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

That  he  is  the  receiver  of  the  ahove  named  bankrupt.    That  heretofore,  and 

on  the day  of ,  19 . . ,  an  order  was  duly  made  and 

entered  herein  appointing ,  Esq.,  as  Special  Commissioner, 

to  take  the  examination  of , 

, ,  and  others,  and  directing  said  persons 

named  to  appear  before  said  Commissioner  at  a  time  and  place  thereafter  to 
he  fixed,  to  be  there  and  then  examined  under  oath  concerning  the  acts, 
conduct  and  property  of  the  bankrupt,  and  that  a  subpoena  issue  to  said  per- 
sons directing  them  so  to  appear. 

That  thereafter  a  subpoena  was  duly  issued  by  the  clerk  of  this  court  in 

accordance  with  the  said  order,  returnable  on  the day  of , 

19. .,  at  ....  o'clock  in  the  .  . .  .noon  before  said  commissioner  at  his  office, 

No ,  City  of 

That  said  suljpoena  has  not  been  served  upon  said , 

,  and by  reason  of  the  fact  that  they, 

and  each  of  them,  are  now  in  the  custody  of  the  United   States  marshal 

for  the District  of on  warrants  of  arrest  issued 

by  a  United  States  commissioner  charging  them,  and  each  of  them,  with  the 
commission  of  a  crime  and  they,  and  each  of  them,  are  confined  by  said  mar- 
shal in  the prison,  in  the  City  of , 

there  to  await  the  action  of  the  Federal  Grand  Jury. 

That  your  petitioner  is  desirous  of  examining  the  persons  named  in  accord- 
ance with  the  order  heretofore  entered  herein,  and  respectfully  prays  this 
TTonorable  Court,  that  an  order  be  made  and  entered  herein  directing  the 


FORMS  IN  BAMvKUPTCY.  343 

said  United  States  marshal  to  produce  said  persons  named  before  said  com- 
missioner at  said  time  and  place  for  examination  under  the  provisions  of 
Section  ::il-a  of  the  Acts  of  Congress  relating  to  bankruptcy,  and  in  pursuance 
of  the  subpoena  duly  issued  for  that  purpose. 
And  your  petitioner  will  ever  pray. 


Petitioner. 

[\'eri(ication.] 


FORM  No.  216. 

ORDER  THAT  MARSHAL  PRODUCE  PRISONER  FOR  EXAMINATION. 

At  a  Stated  Term  of  the  United  States 

District  Court,  held  in  and  for  the 

District  of ,  at  the  Court 

House  in  the  City  of 

on  the day  of 19 . . 

Present  : 

Hon , 

District  Judge. 


Ix  THE  Matter 

OF 


Banlrnpt. 


Xo. 


T^'pon  reading  and  fding  the  annexed  ])etition  of , 

duly  verified,  and  all  the  proceedings  heretofore  had  herein  and  sufficient  rea- 
son appearing  therefor,  it  is,  on  motion  of ,  Attorney  for  peti- 
tioner. 

Ordered,  that ,  the  United  States  Marshal  for  the 

District  of ,  be,  and  he  hereby  is,  directed 

to  bring  and  produce   ,   and   

before ,  Esq.,  a  commissioner  of  this  court,  at  his  office  Xo. 

in  the  City  of ,  on  the day  of 

ID.  .,  at   o'clock  in  the noon  of  said  day,  to 

testify  all  and  singular  vv-ith  reference  to  the  acts,  conduct  and  property 


344  FOEMS  IX  BAXKRUPTCY. 

of ,  bankrupt,  and  at  such  other  times  and  places  as 

the  said  commissioner  may  direct. 


D.  J. 
NOTES, 
ilay  also  be  procured,  particularly  when  confined  by  order  of  State  court,  by  writ 
of  habeas  corpus  ad  testificandum. 

In  re  Thaw,  21  Am.  B.  K.  561;  166  Fed.  71,  and  22  Am.  B.  R.  687;   172  Fed.  288. 


FORM  No.  217. 

SUBPOENA  TO  APPEAR  BEFORE  SPECIAL  CQMMISSIONER. 

The  President  of  the  United  States  of  America,  to 


Geeetixg  : 

"We  command  you,  that  all  and  singular  business  and  excuses  'being  laid 

aside,  you  and  each  of  you  be  and  appear  in  your  proper  persons,  before 

a   Commissioner  appointed 

by  the  District  Court  of  the  United  States  of  America  for  the Dis- 
trict of in  the Circuit,  at  his  office  at  the  U.  S. 

Court  House  in  the  City  of ,  in  the  said 

District  of ,  on  the day  of 

one  thousand  nine  hundred  and at o'clock 

in  the noon  of  the  same  day,  to  testify  all  and  singular  what  you  and 

each  of  you  may  know  in  a  certain 

now  pending  undetermined  in  the 

of  the  United  States,  for  the District  of wherein 


on  the  part  of  the 

And  this  you  or  either  of  you  are  not  to  omit,  under  the  penalty  upon  each  and 
every  of  you,  of  Two  hundred  and  fifty  dollars. 

Witness,  Hon ,  Judge  of  the  District 

Court  of  the  United  States,  at  the  City  of the 

day  of in  the  5'ear  of  our  Lord  one 

thousand  nine  hundred  and 

Clerh 


FORMS  IN  BANKRUPTCY.  345 

FORM  No.  218. 

SUBPOENA   TICKET. 

By  virtue  of  a  writ  of  subpoena,  to  you  directed  and  herewith  shown,  you 
are  comniaiided  and  firmly  enjoined,  that  laying  all  other  matters  aside  and 
notwithstanding  any  excuse,  you  be  and  appear  in  your  proper  person  before 

a  Commissioner  duly  appointed  by  the 

District  Court  of  the  United  States  of  America,  for  the District  of 

,  at  his  office,  at  the  U.  S,  Court  House  jn  the  City 

of ,  on  the day  of   at 

o'clock  in  the noon  of  the  same  day,  to  testify  all  and 

singular  you  may  know  in  a  certain  cause  now  pending  in  the 

Court  of  the  United  States  for  the District  of 

wherein 

on  the  part  of  the And  this  you  are  not  to  omit  under 

the  penalty  of  Two  hundred  and  fifty  dollars. 

Dated  this day  of 19 .  . 

By  the  Court. 
To  

XOTES. 

Subpoena  to  appear  and  testify. 

Territorial  effect. 

In  re  Hemstreet,  8  Am.  B.  R.  760;  117  Fed.  .568. 

In  re  Cole   (D.  C.  Me.),  13  Am.  B.  R.  300;   133  Fed.  414. 

Examination  of  non-resident  witness  —  how  procured. 

In  re  Robinson   (D.  C.  Minn.).  24  Am.  B.  R.  617;   179  Fed.  724. 

Witness  fee  $1.50,  and  mileage. 

Payment  of  fees. 

In  re  Johnson  &  Knox  Lumber  Co.  (C.  C.  A.  7th  Cir.),  IS  Am.  B.  R.  50;  151  Fed. 
207;  SO  C.  C.  A.  259. 

In  re  Marcus  (D.  C.  Vt.),  20  Am.  B.  R.  397;  160  Fed.  229. 

Privilege  of  witness  from  service  of  process  in  State  court  while  attending  meeting 
of  creditors. 

Powell  V.  Pangborn  fX.  Y.  App.  Div.),  31  Am.  B.  R.  650;  161  App.  Div.  (N.  Y.) 
453;  145  N.  Y.  Supp.  1073. 

See,  as  to  such  service  in  suit  in  Federal  court. 

In  re  Smith  Construction  Co.  (D.  C.  Ga.),  35  Am.  B.  R.  227;  224  Fed.  228. 

Proof  of  service  by  return  of  marshal  or  affidavit. 

Disobedience  of  subpoena. 

In  re  Boeshore,  10  Am.  B.  R.  802. 

\^Tiere  there  has  been  no  payment  or  tender  of  expenses  and  fees  to  a  witness 
subpoenaed  to  appear  before  a  referee  at  a  place  more  than  100  miles  from  the  place  of 
his  residence  no  attachment  for  disobedience  should  issue.  In  re  Kerber  (D.  C.  Pa.),  10 
Am.  B.  R.  747. 


346  FORMS  IX  BANKRUPTCY. 

FORM  No.  219. 

SUMMONS  TO  \(riTNESS  TO  APPEAR  BEFORE  REFEREE. 

In  the  District  Court  of  the  United  States, 

for  the District  of 


To 


Whereas of ,  in  the  County  of 

and  State  of   has  been  duly  adjudged 

bankrupt,  and  the  proceeding  in  bankruptcy  is  pending  in  the  District  Court 
of  the  United  States  for  the District  of , 

These  are  to  require  you,  to  whom  this  summons  is  directed,  personally  to 

be  and  appear  before ,  one  of  the  referees  in  bankruptcy 

of  the  said  court,  at ,  on  the day  of 

at   o'clock  in  the   noon,  then  and 

there  to  be  examined  in  relation  to  said  bankruptcy. 

Witness  the  Honorable Judge  of  said  court,  and 

the  seal  thereof,  at  the  City  of ,  this day 

of A.  D.  19... 


Clerk. 


FORMS  TX  BAXKRFPTCY.  347 

FORM  No.  220. 

SUBPOENA  DUCES  TECUM. 


The  President  of  the  United  States  of  America, 
To 

Greeting  : 

We  Command  You,  That,  all  business  and 

excuses    being    laid    aside,    you    appear    and 

attend  before 

for  the District  of 

at in  the  United 

States  Court ,  in  tiie  City  of 

on  the day  of 

at    o'clock  in  tlie 

noon,  to  testify  and  give  evidence  in 

a  certain    now  pending 

undetermined   in   the  said  Court,    (between) 

on  the  part  of  the and  that  you  bring  with  you  and 

and  produce  at  the  time  and  place  aforesaid,  a  certain 


[Here  specify  books,  papers,  documents,  etc.] 

now  in  your  custody,  and  all  other  deeds,  evidences  and  writings  which  you 
have  in  your  custody  or  power  concerning  the  premises.  And  for  a  failure  to 
attend,  you  will  be  deemed  guilty  of  contempt  of  Court,  and  liable  to  pay  all 
losses  and  damages  sustained  thereby  to  the  party  aggrieved,  and  forfeit  Two 
hundred  and  fifty  dollars  in  addition  thereto. 

Witness,  The  Honorable    Judge  of  the  District  Court 

of  the  United  States  for  the District  of , 

the day  of in  the  year  of  oar  Lord  one 

thousand  nine  hundred  and 

> 

Attorney, 

Clerk. 


348  FOEMS  IN  BANKRUPTCY. 

NOTES. 

Production  of  books  and  papers. 

In  re  Ik-ss,  14  Am.  B.  11.  559;  134  Fod.  109  and  136  Fed.  988. 

In  re  Hart,  14  Am.  B.  R.  624;  136  Fed.  986. 

In  re  Rosenblatt,  16  Am.  B.  R.  306;  143  Fed.  663. 

In  re  E.  S.  Wheeler  and  Co.  (C.  C.  A.  2d  Cir.),  19  Am.  B.  R.  461;  158  Fed.  603;  85 
C.  C.  A.  425;  rev'g  18  Am.  B.  R.  421.     In  re  Sapiro,  1  Am.  B.  R.  296;   92  Fed.  440. 

In  re  U.  S.  Graphite  Co.    (D.  C.  Pa.),  20  Am.  B.  R.  280;   159  Fed.  300. 

Order  should  be  specific  and  certain. 

Rawlins  and  Rawlins  v.  Hall  Epps  Clothing  Co.  (C.  C.  A.  5th  Cir.),  33  Am.  B.  R. 
237;  217  Fed.  884;  133  C.  C.  A.  594. 

Hale  V.  Henkel  (U.  S.  Sup.),  201  U.  S.  43-76. 

Failure  to  produce,  punishable  as  a  contempt. 

In  re  Alper  (D.  C.  N.  Y.),  19  Am.  B.  R.  612;   162  Fed.  207. 

Referee  lias  power  to  make  order  for  production  of,  during  progress  of  examination. 
Subpoena  duces  tecum  not  tlien  necessary. 

In  re  Soloway  and  Katz,  28  Am.  B.  R.  228;  195  Fed.  100;  and  on  further  review 
s.  c.  28  Am.  B.  R.  345;  195  Fed.  103. 

Order  compelling  bankrupt  to  turn  over  books  to  a  receiver  in  bankruptcy  not 
an  infringement  of  constitutional  rights  as  self-incriminating  evidence. 

In  re  Harris  (U.  S.  Sup.),  26  Am.  B.  R.  302;  31  Sup.  Ct.  557;  221  U.  S.  274;  55  L. 
Ed.  732;  afT'g  as  certified.  In  re  Harris  (D.  C  N.  Y.),  20  Am.  B.  R.  911;  164  Fed.  292. 

Not  a  question  of  rights,  but  of  yielding  property  to  whicli  bankrupt  is  no  longer 
entitled,     s.  c. 

See,  Counselman  v.  Hitchcock,  142  U.  S.  547. 

Waiver  of  self-incriminating  testimony  by  surrender  of  books  to  bankruptcy" 
oflficer. 

In  re  Tracy  and  Co.  (D.  C.  N.  Y.),  23  Am.  B.  R.  438;  177  Fed.  532. 

Sworn  statement  to  tax  assessor. 

In  re  Reid,  17  Am.  B.  R.  477;   155  Fed.  933. 

Ancillary  order. 

Wlitrc  a  court  of  bankruptcy  may  act  summarily,  another  court  of  bankruptcy  has 
ancillary  jurisdiction  and  may  make  the  same  order  in  aid  of  the  court  of  original 
jurisdiction  and  may  order  ollicers  of  the  bankrupt  corporation  who  are  within  its 
jurisdiction  to  deliver  to  the  trustee  books  and  papers  of  the  corporation  in  their 
custody.  Babbitt,  Trustee  v.  Butcher  et  al.  (U.  S.  Sup.),  23  Am.  B.  R.  519;  216  U.  S. 
102;  54  L.  Ed.  402;  30  Sup.  Ct.  Rep.  372. 

See,  Amendment  of  1910,  Sec.  2  (20). 


FORMlS  li\  BANKRUPTCY. 


349 


FORM  No.  221. 

RETURN  OF   SUMMONS   TO   "WITNESS. 

In  tlie  Distiict  Court  of  the  Ignited  States 

for  the    District  of   , 

In  JJankruptcy. 


Xn"  the  Matter 

OF 


Iiankrii}>t 


V    No. 


On  this   day  of    ,  A.   D.19..,  before  me  comes 

,  of ,  in  the  county  of and 

State  of    ,  and   nuxkes  oath,   and  says  that  he   did,   on 

,  the day  of A.  D.  19.  ., 

personally  serve ,  of ,  in  the  Tounty  of 

and  State  of ,  with  a  true  copy  of  the 

summons  hereto  annexed,  by  delivering  the  same  to  him  ;  and  he  furtlier  makes 
oath  and  says  that  he  is  not  interested  in  the  proceeding  in  hankruptcy  named 
in  said  siimmons. 


Subscribed  and  sworn  to  before  me,  this 
A.  D.  lU... 


day  of 


350 


FOEMS  IX  BANKRUPTCY. 


FORM  No.  222. 

[Official.] 
EXAMINATION  OF  BANKRUPT  OR  W^ITNESS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Banlrupt. 


'  No. 


At in  said  district,  on  the day  of , 

A.  D.,  19.  .  .  before ,  one  of  the  referees  in  bankruptcy  of  said 

court,  lieing  duly  sworn  and  examined  at  the  time  and  place  above  mentioned, 

upon  his  oath  says : 

[Here  insert  substance  of  examination  of  party.] 

Subscribed  and  sworn  to  before  me  this dav  of ,  19 .  . . 


Referee  in  Bankruptcy. 

NOTES. 

Testimony. 

Testimony  of  bankrupt  a  part  of  the  record  and  creditors  are  entitled  to  access 
to  it. 

In  re  Sannielsolin.  23  Am.  B.  R.  52S;    174  Fed.  911. 

Referee  not  required  to  take  notes  of  testimony  personally  or  incur  expense  for 
clerical  or  stenographer's  services  without  indemnity  therefor.  He  should  supervise  the 
examination  at  expense  of  party  taking  it  or  he  may  allow  it  to  be  taken  by  the 
parties  themselves. 

In  re  Warzawiak,  1  National  Bank'r  News,  135. 


FOliMS  IN  BANKEUPTCY. 


351 


FORM  No.  223. 

PETITION  THAT  WITNESS  SIGN  TESTIMONY  BEFORE  REFEREE. 

United  States  District  Court, 

District  of   : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlrupt. 


Xo, 


To ,  Esq., 

Referee  in  Banlruptcy. 
The  petition  of respectfully  shows : 

1.  That  he  is  the  trustee  in  bankruptcy  herein,  duly  qualified  and  acting. 

2.  That  at  the  first  meeting  of  creditors  herein  held  on , 

19 ....  at  the  instance  of  petitioner,  one ,  was  examined 

as  a  witness  in  this  proceeding,  and  his  testimony  duly  transcribed. 

.3.  Your  petitioner  through  his  attorney,  has  requested  said  witness  to  call 
at  the  office  of  the  referee  herein  and  sign  his  said  testimony  before  said 
referee,  but  he,  without  adequate  reason,  has  neglected  and  refused  to  sign 
same. 

4.  That  no  previous  application  has  been  made  for  the  order  asked  for 
herein. 

"\ATierefore,  your  petitioner  prays  for  an  order,  directing  the  said  witness 

to  appear  at  the  referee's  office  on  a  day  certain  for  the 

purpose  of  signing  his  testimony,  or  to  show  cause  why  he  should  not  sign  the 
same. 


Petitioner. 


Aerification.] 


352 


FORMS  IX  BAXKEUPTCY. 


FORM  No.  224. 

ORDER  THAT  "WITNESS   SIGN  TESTIMONY. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Banl-rupf. 


Upon  reading  and  filing  the  petition  of ,  the  trustee  herein, 

duly  verified,  and  upon  all  the  proceedings  herein,  and  upon  motion  of 

,  attorney  for  the  said  trustee,  it  is 

Ordered,  that attend  at  my  office,  Xo in  the 

City  of ,  on  the day  of ,  19 ... , 

at o'clock  in  the noon,  for  the  purpose  of  signing  before 

the  referee,  the  testimony  heretofore  given  by  him  in  said  proceeding  or  to 
show  cause  why  he  should  not  be  directed  to  so  sign  his  said  testimony. 
Dated  19... 


Referee  in  Banlruptcy. 


FOKMh  IX  BAXKKUPTCY.  353 


FORM  No.  225. 

PETITION  FOR   LEAVE   TO   OBTAIN  ANCILLARY   ORDER   OF 

EXAMINATION. 


United  States  District  Court, 

District  of   .  . 

lu  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows : 

1.  That  he  is  the  receiver  (trustee)  herein. 

2.  That  on  the day  of ,  10 .  . ,  a  petition  in  involun- 
tary bankruptcy  was  filed  herein  h}-  certain  creditors  against  the  above  named 

and  on  same  day  your  petitioner  was  duly  appointed 

receiver,  duly  qualified  and  is  now  acting  as  such  receiver.  That  said  bank- 
ruptcy proceeding  is  now  pending,  [or,  that  on  the day  of , 

the  said was  duly  adjudicated  a  liankrupt  and  at  the  first  meeting  of 

creditors  thereafter  held  before  Esq.,  as  referee,  your 

petitioner  was  duly  appointed  trustee,  duly  qualified  and  is  now  acting  as 
such  trustee.] 

3.  That  in  the  administration  of  this  estate,  it  is  necessary  to  obtain  an 

examination  of and in  aid  of  petitioner  in  the 

recovery  of  assets  belonging  to  this  estate,  and  such  witnesses  are  or  reside 

outside  of  the  jurisdiction  of  this  Court  and  within  the district 

of at 

Wherefore,  your  petitioner  prays  for  an  order  granting  him  permission  to 

apply  to  the  District  Court  of  the  United  States  for  the district 

of ,  for  an  ancillary  order  of  examination  of  the  witnesses 

whose  testimony  is  desired  in  aid  of  the  receiver  (trustee),  and  as  to  the  acts, 
conduct  and  property  of  the  bankrupt  whose  estate  is  in  process  of  administra- 
tion. 

•*••• » 

Petitioner. 

[Verification.] 


354 


FORMS  IX  BANKKUPTCY. 


FORM  No.  226. 

ORDER  GRANTING  LEAVE  TO  APPLY  FOR  ANCILLARY  ORDER  OF 

EXAMINATION. 

At  a  Stated  Term  of  the  District  Court 
of  the  United  States,  held  in  and  for  the 

District  of ,  at 

the  Court  House  in  the  City  of 

on  the day  of ,  191 .  . 

Present : 

Hon , 

District  Judge. 


In  thp:  Matter 

OF 


Banlrupt. 


receiver  (trustee),  herein  having  made  application  for 

leave  to  institute  ancillary  proceedings  in  the district  of 

for  the  purpose  of  obtaining  an  ancillary  order  of  examination  of  certain 

witnesses  being  or  residing  in  said district  of and  it 

appearing  that  said  application  is  necessary  and  proper 

Now,  upon  reading  and  filing  the  petition  of receiver 

(trustee)  herein,  duly  verified  and  upoji  motion  of ,  attorney 

for  the  petitioner,  it  is 

Ordered,  that  the  application  be  and  hereby  is  granted  and 

the  receiver  (trustee)  herein,  be  and  he  hereby  is  authorized  and  empowered 

to  apply  to  the  District  Court  of  the  United  States  for  the district 

of   for  an  ancillary  order  of  examination  of  such  witnesses 

within  the  jurisdiction  of  said  Court  as  may  be  necessary,  as  to  the  acts,  con- 
duct or  property  of  the  bankrupt  herein. 


D.J. 


FOKMS  IN  BANKHUPTCY. 


355 


FORM  No.  227. 

PETITION  IN  COURT  OF  ANCILLARY  JURISDICTION  FOR  ORDER  OF 

EXAMINATION. 

United  States  District  Court, 

District  of : 

111  Bankruptcy. 


In  the  j\1atti:r 

OF 


BanlTttpt. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

1.  That  on  the day  of 19 .  . . ,  a  petition  in  hank- 

ruptcy  was  filed  against  the  above  named  l)ankrupt  in  the  District  Court  of  the 

United  States  for  the district  of (That  on  the 

day  of he  was  duly  adjudicated  a  bankrupt  in  said 

court.) 

2.  That  your  petitioner  was  on  the day  of ,  19 .  . ., 

appointed  temporary  receiver  of  the  said  bankrupt  in  such  court  and  there- 
after duly  qualified  and  is  still  acting  as  such  receiver. 

[or,  That  thereafter  at  the  first  meeting  of  the  creditors  of  said  bankrupt 
duly  called  and  held  in  said  district,  petitioner  was  duly  appointed  trustee, 
duly  qualified  and  is  now  acting  as  such  trustee.] 

3.  That  certain  witnesses  whose  testimony  is  material  and  necessary  in  aid 
of  petitioner  as  to  the  acts,  conduct  and  property  of  the  bankrupt  whose 
estate  is  in  process  of  administration,  as  hereinbefore  set  forth,  are  or  reside 
within  the  jurisdiction  of  this  court  at 

4.  That  said  witnesses  are  as  follows : 


(That  certain  documents  to  be  examined  are  in  the  possession  of 

) 

5.  That   ancillary   proceedings  to  obtain   such    order  of  examination    are 

necessary  in  this  district  and  on  the day  of ,  the 

District  Court  for  the district  of by  an  order  entered 

therein,  duly  authorized  petitioner  to  apply  to  this  court  for  such  ancillary 
order  of  examination. 


35G 


FOEMS  IN  BANKRUPTCY. 


Wherefore,  petitioner  respectfully  prays  for  ancillary  proceedings  in  this 
district  in  aid  of  petitioner  and  ior  an  order  for  the  examination  of  certain 

witnesses and   before  a  referee  or  special 

commissioner  to  be  appointed  in  this  district  concerning  the  acts,  conduct  or 
property  of  the  bankrupt  herein,  whose  estate  is  in  process  of  administration 

in  the  District  Court  of  the  United  States  for  the District  of 

,  and  such  other  and  further  witnesses  as  may  appear  necessary,  that 

a  subpoena  issue  to  secure  the  attendance  of  such  witnesses  and  for  such  other 
and  further  relief  as  may  be  necessary. 


Petitioner. 
[Verification.] 

NOTES. 

Sec.  2  (20). 

Ancillary  oider  for  examination  authorized. 

In  re  Sutter  Bros.  (D.  C.  N.  Y.),  11  Am.  B.  R.  632;  131  Fed.  654. 

In  re  Sturgeon  ( C.  C.  A.  2d  Cir.),  14  Am.  B.  R.  681;  139  Fed.  608;  71  C.  C.  A.  592. 

In  re   iladson   Steele   Co.    (Elkus,   Petitioner)     (U.   S.   Sup.),    (citing   Babbitt   v. 
Dutcher),  23  Am.  B.  R.  614;   216  U.  S.  115;   54  L.  Ed.  407. 

Contra. 

In  re  Williams,  10  Am.  B.  R.  538;   123  Fed.  321. 


FOEM  No.  228. 


ORDER  FOR  EXAMINATION  IN  COURT   OF  ANCILLARY 
JURISDICTION. 

At  a  Stated  Term  of  the  District  Court 
of  the  United  States,  held  in  and  for  the 

district  of   ,  at  the 

Court  House,  in  the  City  of , 

on  the day  of ,  19 . . . 

Present : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Banl-rwpt. 


Upon  the  petition  of   Esq.,  Peeeiver   (Trustee)  of.  . 

bankrupt,  and  it  appearing  that  an  involuntary  petition  in 


for.m;s  in  bankruptcy.  357 

bankruptcy  has  been  filed  and  is  now  pending  against  the  said 

in  the  District  Court  of  the  United  States  I'or  the District  of 

;  that  said  petitioner  has  been  duly  apjjointed  by  said  court 

Receiver  (Trustee)  of  the  said  Ijankrupt  and  has  duly  qualilied  as  such 
olficer;  that  said  Receiver  (Trustee)  has  l)eeu  duly  authorized  to  apply  to 
this  court  for  an  order  of  examination  of  certain  witnesses;  within  the  juris- 
diction of  this  court  and  that  it  is  proper  and  necessary  in  aid  of  said  Receiver 
(Trustee)  that  an  ancillary  order  for  the  examination  of  said  persons  issue; 
Now,  upon  motion  of   ,  Esq.,  attorney  for  said  petitioner,  it  is 

Ordered,  that  the  prayer  of  said  petition,  be  and  hereby  is  granted  and  an 

ancillary  order  of  examination  in  aid  of  said as  Receiver 

(Trustee)  of  said  l)ankrupt  issue,  and  it  is  further 

Ordered,  that and of , 

appear  before  ,  Esq.,  who  is  hereby  appointed  Special  Com- 
missioner for  that  ])urpose  at  a  time  and  place  to  be  designated  by  him  and 
be  examined  concerning  the  acts,  conduct  and  property  of  the  said  bankrupt 
whose  estate  is  in  process  of  administration  in  the  District  Court  of  the  United 

States  for  tlie  District  of and  that  a  subpoena 

issue  directed  to  such  persons. 


D.J. 


FORM  No.  229. 

NOTICE  OF  TAKING  DEPOSITION   (DE   BENE  ESSE). 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  ^Iattek 

OF 


Banl-rupf. 


r   No. 


Please  take  notice  that and 

witnesses  whose  testimony  is  necessary  in  this  procoefling  and  who  reside  at 

a  greater  distance  than  100  miles  from   , 

where  the  court  is  in  which  this  ]iroceeding  is  pending,  or  the  place  of  trial 


358  FORMS  IX  BAXKRUPTCY. 

herein,  will  be  examined  (de  bene  esse)  on  the  part  of in  this 

proceeding  before Esq.,  Commissioner  (or  Notary  Public) 

(duly  appointed  for,  etc.)  at  his  office  Xo St.  in  the  City  of 

on  the day  of ,  19 ... , 

at o'clock  in  the noon,  at  which  time  and  place  you  are  hereby 

notified  to  be  present  and  put  interrogatories,  if  you  shall  think  fit. 

Dated, the day  of ,  19 .  . . 

Yours,  etc., 


Attorney  for 

(Address), 

To ,  Esq., 

Attorney  for 

(Address.) 

NOTE. 
Consult  R.  S.  863  et  seq. 


FORMS  I^T  BANKRUPTCY. 


359 


FORM  No.  230. 

DEPOSITION    (DE   BENE   ESSE.) 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


liatiJcnipt. 


V    No. 


United  States  of  America,' 

District  of  ...  . 

State  of   

County  of   


>-  ss. 


On  this day  of >  19.  .,  before  me , 

a  commissioner  duly  appointed  for  the District  of 

under  and  by  virtue  of  the  Act  of  Congress  (or  a  Notary  Public  in  and  for 

the  County  of ,  State  of ,  duly  qualified  and 

acting)  personally  appeared  at  my  office  in  the  City  of in  said 

District  of , 

a  witness  on  the  part  of in  a  certain  bankruptcy  proceed- 
ing now  depeiding  and  undetermined  in  the  District  Court  of  the   United 

States,  for  the district  of ,  wherein 

is  the  bankrupt.     And  the  said having  been  by  me  first 

cautioned  and  sworn  to  testify  the  whole  truth,  did  thereupon  depose  and  say: 


Taken,  subscribed  and^ 
sworn    to     before   me 
the  ....  day  of  . . .  . , 
....,  19...' 


360  FOEMS  IN  BANKEUPTCY. 

NOTES. 

Depositions.  Act  Sees.  21b  and  c,  41a. —  U.  S.  Revised  Statutes,  Sec^.  863-865. 
Equity  Rules  XLVII,  LIII,  LIV,  LV,  LVI. 

Usual  method  of  obtaining  testimony  of  necessary  witnesses  at  a  distance  greater 
than  100  miles  from  place  where  proceeding  is  pending;  does  not  exclude  more  formal 
method  of  a  commission  to  take  testimony. 

In  re  Hemstreet,  8  Am.  B.  R.  7G0;  117  Fed.  568. 

In  re  Cole,  13  Am.  B.  R.  300;  133  Fed.  414. 

Notice  of  taking  must  be  filed  with  the  referee. 

In  re  Robinson  (D.  C.  Minn.),  24  Am.  B.  R.  617;   179  Fed.  724. 

Motion  to  suppress  deposition. 

Carey  v.  Donohue  (C.  C.  A.  Gth  Cir.),  31  Am.  B.  R.  210-215;  209  Fed.  328;  126 
C.  C.  A.  254. 

In  re  Washington  Steel  and  Bolt  Co.,  32  Am.  B.  R.  153;  210  Fed.  984. 

Depositions  de  bene  esse. 

Not  received  in  evidence  unless  provisions  of  statute  are  strictly  followed. 

May  be  taken  before  any  judge  of  a  court  of  the  United  States,  or  any  United 
States  commissioner,  clerk  of  a  District  Court  or  any  notary  public  not  being  of  counsel 
or  attorney  to  any  of  the  parties  to  the  proceedings  nor  interested  in  the  event.  May 
also  be  taken  without  the  United  States  before  consular  officer. 

Reasonable  written  notice  to  adverse  party  is  required  and  notice  of  the  taking 
of  depositions  must  be  filed  in  every  case  with  the  referee  in  bankruptcy  in  charge  of 
tlie  proceedings.  When  taken  in  opposition  to  the  allowance  of  a  claim  notice  shall  be 
served  upon  claimant  and  when  in  opposition  to  a  discharge  notice  in  same  way  to  the 
bankrupt. 

Attendance  of  witness  compelled  by  subpoena. 


FORM  No.  231. 

CERTIFICATE    OF    COMMISSIONER    OR    NOTARY    PUBLIC    THEREON. 

United  States  of  America, 


District  of 


State  of 

County  of 

I, ,  a  Notary  Public  duly  appointed  in  and  for  the 

Connty  of aiid  State  of ,  [or  U.  S.  Commis- 
sioner] duly  authorized  under  and  by  virtue  of  the  acts  of  Congress  of  the 
United  States,  and  of  the  Eevised  Statutes  of  the  United  States  to  take  deposi- 
tions, affidavits  and  liail  in  civil  causes,  dependinfi;  in  the  courts  of  the  United 
States,  do  hereby  certify,  tliat  the  reason  for  taking  the  foregoing  depositions 

is,  and  the  fact  is,  that  the  testimony  of  the  witnesses, and 

,  is  material  and  necessary  in  the  proceeding  in  the  caption 

of  the  said  depositions  named,  and  that  they  reside  more  than  100  miles  from 
the  district  where  the  proceedings  are  pending,  [or  follow  Eev.  Stat.  Sec.  863.] 

I  further  certify,  that  due  notification  of  the  time  and  place  of  taking  the 


FOJLMS  IN  BANKKUPTCY.  361 

said  depositions  was  served  upon ,  attorneys  for , 

requiring-  them  to  be  present  at  the  taking  of  the  deposition  and  to  put  inter- 
rogatories if  he  or  they  might  tliink  fit,  of  which  a  copy  is  hereto  annexed,  with. 

due  proof  of  service  on  said  attorneys ;  and  that  on  the day  of 

,  in  the  year ,  1  was  attended  l)y , 

Esq.,  and  by  witnesses  who  were  of  sound  mind  and  lawful  age,  and  the 
witnesses  were  by  me  first  carefully  examined  and  cautioned,  and  sworn  to 
testify  the  truth,  the  whole  truth  and  nothing  but  the  truth,  and  the  deposi- 
tions were  by  me  reduced  to  Avriting,  in  the  presence  of  the  witnesses,  and  from 
their  statements,  and  after  carefully  reading  the  same  to  the  witnesses,  they 
subscril)ed  the  same  in  my  presence.  I  have  retained  the  ^aid  depositions  in 
my  possession  for  the  purpose  of  forwarding  the  same  with  my  own  hand  to 

Esq.,  Clerk  of  the  United  States  District  Court  for 

the District  of the  Court  for  which  the  same 

are  taken. 

And  I  do  further  certify,  that  T  am  not  of  counsel  or  attorney  for  either  of 
the  parties  in  the  said  deposition  and  caption  named,  nor  in  any  way  interested 
in  the  event  of  the  cause  named  in  the  said  caption. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 

day  of ,  in  the  year  of  our  Lord  one  thousand,  nine  hun- 
dred and 


Notary  Public Co. 

[or  U.  S.  Commissioner 
District  of ] 


PART  VII. 

SALES. 

Form  No.  232.     Petition    for    Appraisal    and    Sale    at    Auction    by    Receiver    before 
Adjudication. 

233.  Order  for  Appraisal  and  Sale  before  Adjudication. 

234.  Petition  for  Appraisal  and  Sale  by  Receiver  after  Adjudication  upon 

sealed  Bids. 

235.  Order  for  Appraisal  and  Sale  after  Adjudication  upon  sealed  Bids. 

236.  Notice  of  Auction  Sale  by  Receiver. 

237.  Notice  of  Sale  by  Receiver  on  sealed  Bids. 

238.  Petition  by  Receiver  for  Sale  of  perishable  Property. 

239.  Notice  of  Sale  by  Trustee. 

240.  Petition  for  private  Sale  by  Trustee. 

241.  Order  for  private  Sale  by   Trustee. 

242.  Petition  for  Sale  at  Auction  of  Real  Estate. 

243.  Order  for  Sale  at  Auction  of  Real  Estate. 

244.  Petition  to  Referee  for  Sale  of  perishable  Propertj',  and  Order  thereon. 

245.  Petition  and  Order  for  Sale  subject  to  Lien. 

246.  Notice  of  Sale.     (New  Jersey  Practice.) 

247.  Trustee's  Memorandum  of  "  Terms  of  Sale." 

248.  Petition  for  Sale  free  and  clear  of  Liens. 

249.  Notice  of  Motion  for  Sale  free  and  clear  of  Liens. 

250.  Order  directing  Sale  free  and  clear  of  Liens. 

251.  Petition  to  confirm  Sale. 

252.  Order  confirming  Sale. 

253.  Notice  of  Ta.xation  of  Auctioneer's  Charges. 

254.  Order  for  Resale  on  Default  of  former  Purchaser. 

255.  Petition  to  vacate  Sale. 

256.  Order  to  show  Cause  why  Sale  should  not  be  vacated. 

257.  Order  vacating  Sale. 

[362] 


FORMS  J.X  BA^'KKUPTCY.  363 


FORM  No.  232. 

PETITION   FOR   APPRAISAL   AND    SALE    AT    AUCTION    BY    RECEIVER 
BEFORE  ADJUDICATION. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


No. 


Bankrupt. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows : 

1.  That  by  an  order  of  this  court,  dated  the day  of , 

19.  . .,  your  petitioner  was  duly  appointed  receiver  of  the  property,  assets  and 
effects  of  the  above  named  bankrupt,  has  duly  qualified  and  is  now  acting  as 
such  receiver. 

2.  That  your  petitioner  as  receiver  is  in  possession  of  the  property  of  the 
said  bankrupt 

upon  the  premises  Xo ,  City  of ,  where 

the  bankrupt  carried  on  business  as That  your  petitioner 

has  closed  the  business  and  placed  a  custodian  in  charge  of  the  premises. 

3.  That  the  property  consists  of  the  following: 


is  perishable  in  its  nature 

and  petitioner  believes  that  it  is  absolutely  necessary  and  for  the  liest  interests 
of  the  creditors  of  the  above  named  bankrupt  that  all  of  the  said  property 
should  be  sold  without  delay.  [Here  set  forth  any  reasons  necessitating  a  sale 
and  showing  property  to  be  perishable.] 

(That  the  rent  for  the  past  month  amounting  to  $ has  not  been  paid, 

and  the  landlord  is  endeavoring  to  force  the  receiver  to  vacate  the  premises.) 
That  the  said  property  is  bulky  and  difficult  to  move,  and  in  the  opinion  of 
your  petitioner  should  be  sold  upon  the  premises. 

4.  That  the  consent  of  the  bankrupt  to  said  sale  is  hereto  annexed. 


364 


FOKMS  IN  BANKKUFrCY. 


5.  No  previous  applieation  has  been  made  for  the  order  asked  for  herein. 

Wherefore,  your  petitioner  prays  for  an  order  appointing  appraisers  of  the 
property,  assets  and  effects  belonging  to  the  above  named  estate,  and  that  your 
petitioner  be  authorized  to  sell  said  property,  assets  and  effects  at  public  auc- 
tion, pursuant  to  the  rules  of  this  court. 

Dated ,  I'J.  .  . 


Petitioner. 
[Verification.] 

I  hereby  consent  to  the  entry  of  an  order  of  sale  of  the  assets  and  effects  of 
said  alleged  bankrupt. 

Dated ,  l!i... 


Attorney  for  Alleged  Bankrupt. 


FORM  No.  233. 

ORDER  FOR  APPRAISAL  AND   SALE  BEFORE  ADJUDICATION. 

At  a  Stated  Term  of  the  United  States 

District  Court,  held  in  and  for  the 

District  of ,  at  the  Court 

House  in  the  City  of ,  on  the 

day  of ,  19.  .. 

Present : 

Hon , 

District  Judge. 


In  the  Mattek 

OF 


BanJi-riipf. 


Xo, 


Oil  reading  and  filing  the  annexed  petition  of , 

receiver  of  the  above  named  bankrupt  duly  verified,  and  all  the  proceed- 
ings had  herein,  and  upon  the  annexed  consent  of attorney 

for  said  bankrupt  and  sufficient  reason  appearing  therefor,  it  is,  on  motion 
of attorney  for  the  said  receiver,     , 

Ordered,  that , ,  and  .  • all  of 

the  City  of   ,  three  disinterested  persons,  be  and  they 


FOKMS  l\  BA.NKllUPTCY.  365 

licrcby  are  appointed  appraisers  to  appraise  the  property  of  the  bankrupt;  said 
appraisers  to  be  duly  sworn,  and  to  report  the  result  of  their  appraisal  in  writ- 
ing to  the  Court  with  all  i-onvenient  spivd  and 

It  is  further  ordered,  that  said ,  the  receiver  of  the 

above  named  bankrupt,  be  and  he  hereby  is  authorized  and  directed  to  sell 
at  public  auction,  pursuant  to  the  rules  ol  this  court,  all  of  the  personal  i)rop- 
erty  belonging  to  this  estate  so  aj)praised. 


D.J. 
NOTES. 
Receiver's  sale. —  Jurisdiction. 

Mason  v.  Wolkowich  (C.  C.  A.  1st  t'ir.i,  17  Am.  B.  R.  709;  150  f>d.  699;  80  C. 
C.  A.  435. 

In  re  fiarner  and  Co.,  18  Am.  B.  R.  733;  153  F(-d.  914. 

In  re  Becker,  3  Am.  B.  R.  412;  98  Fed.  407. 

In  re  Kelly  Dry  (ioods  Co.,  4  Am.  B.  R.  528;   102  Fed.  747. 

In   re  R.   F.   Duke   and   Son,   28   Am.   B.   R.    195    (and   foot  note);    199    Fed.    199. 

In  re  Desrochers  (D.  C.  X.  Y.),  25  Am.  B.  R.  703;  183  Fed.  991. 

In  re  Peerless  Finishing  Co.  (D.  C.  K  Y.),  28  Am.  B.  R.  429;  199  Fed.  350. 

Petition  should  set  forth  facts  showing  that  the  property  is  in  wiiole  or  part 
perishable  or  will  greatly  deteriorate  by  handling  in  due  course  of  administration. 

In  re  Harris,  19  Am.  B.  R.  635;   156  Fed.  S75. 

Api)licati()n  by  ancillary  receiver,  when  denied. 

In  re  Brockton  Ideal  Shoe  Co.,  27  Am.  B.  R.  577;    194  Fed.  2.'53. 

Application  should  be  Tuade  in  first  instance  to  court  of  original  jurisdiction  iii 
most  cases,     s.  c.    (supra). 

A  receiver  may  be  autliorized  by  the  referee,  after  adjudication,  to  sell  property 
of  a  perishable  nature. 

In  re  (iarner  and  Co.  (supra). 

Not  so,  however,  in  many  jurisdictions. 

A  contingent  interest  in  an  estate  may  be  sold. 

In  re  Gutterson.  14  Am.  B.  R.  495;  136  Fed.  698. 

I'atents  and  ])atent  rigiits. 

In  re  Myers- Wolf  .Mfg.  Co.  (C.  C.  A.  3d  Cir.),  ,30  Am.  B.  R.  572;  205  Fed.  289;  123 
C.  C.  A.  441. 

Objections  to  sale  cannot  be  raised  for  first  time  on  review. 

In  re  (iutterson  {supra). 

Sale  by  receiver  without  an  order  of  the  court  convi-ys  no  title. 

In  re  Fulton  (D.  C.  N.  Y.),  18  Am.  B.  R.  591;  153  Fed.  664. 

Muschel  v.  Austern  (N.  Y.),  87  N.  Y.  Supp.  235;  43  Misc.  (N.  Y.)  352. 

In  re  Styer,  3  Am.  B.  \l.  424;  98  Fed.  290. 

Airirmaiue  of  receiver's  sale  by  trustee. 

Mason  v.  Wolkowich  (supra). 

Power  of  coiu't  to  enforce  completion  of  contract  of  sale. 

Mason  v.  Wolkowich  (supra). 

Purchaser  at  a  judicial  sale  submits  himself  to  jurisdiction  of  the  court  and  may  be 
compelled  to  do  so  by  rule  or  attachment  issuing  out  of  the  court  under  whose  decree 
the  sale  is  had ;  applies  to  private  sale  confirmed  as  well  as  public  sale. 

In  re  J.  Jungman  and  Co.,  Inc.  (C.  C.  A.  2d  Cir.),  26  Am.  B.  R.  401;  186  Fed.  302; 
108  C.  C.  A.  380. 

Camden  v.  Mayhew,  129  U.  S.  73;  32  L.  i:d.  008. 


3G6  FORMS  IX  BAXKKUPTCY. 

In  some  districts,  as  in  Southern  District  of  New  York,  official  auctioneers  are 
designati'd  to  conduct  bankruptcy  auction  sales,  and  such  appointment  lias  been  held 
valid. 

In  re  Benjamin  (C.  C.  A.  'id  Cir.),  14  Am.  B.  R.  481;  136  Fed.  175;  69  C.  C.  A.  191; 
affg  13  Am.  B.  R.  18. 

Sturgiss  V.  Corbin  ( C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  543;  141  Fed.  1;  72 
C.  C.  A.  179. 

Practice  on  Sales. 

Order  dispensing  ■with  provisions  of  local  rule  valid,  as  such  rules  are  nut 
jurisdictional. 

In  re  Nevada-Utah  Mines  and  Smelter  Corporation  (D.  C.  N.  Y.i,  28  Am.  B.  R. 
409;  198  Fed.  497;  aff'd,  s.  c.  29  Am.  B.  R.  754;  202  Fed.  126;   120  C.  C.  A.  440. 

No  upset  price  necessary  in  order. 

Schuler  v.  llassinger  (C.  C.  A.  5th  Cir.),  24  Am.  B.  K.  184;  177  Fed.  119;  100 
C.  C.  A.  539. 

Sufficiency  of  publication. 

Local  statutes  do  not  bind  Federal  court  in  its  administration  of  bankruptcy 
estates. 

In  re  National  Mining  Exploration  Co.  (D.  C.  Mass.),  27  Am.  B.  R.  92;  193  Fed.  232. 

Compare,  In  re  Edes   (D.  C.  Me.),  14  Am.  B.  R.  382;   135  Fed.  595. 

Duty  of  trustee  to  accept  bids. 

Coal  City  House  Furnishing  Co.  v.  Hogue  (In  re  Williams)  (C.  C.  A.  4th  Cir.), 
28  Am.  B.  R.  258;  197  Fed.  1;   116  C.  C.  A.  523. 

What  constitutes  a  bid. 

Jn  re  J.  B.  and  J.  M.  Cornell  Co.  (D.  C.  N.  ¥.),  26  Am.  B.  R.  252;   186  Fed.  859. 

Who  may  purchase. 

Bondholders,  stockholders  or  officers  of  bankrupt  corporation  may  properly  form 
reorganization  committee  of  a  new  corporation  and  buy,  if  no  attempt  is  made  to  stifle 
or  exclude  outside  bidding. 

In  re  Pittsburgh  Dick  Creek  Mining  Co.,  28  Am.  B.  R.  613;  197  Fed.  106. 


FORMS  IX  BANKRUPTCY. 


367 


FORM  No.  234. 


PETITION   FOR  APPRAISAL  AND   SALE  BY  RECEIVER  AFTER  ADJU- 
DICATION  UPON   SEALED   BIDS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


IX    THE    MATTIiU 
OF 


Bdnkrupf. 


Xo. 


To  the 

Honorable  Judge  of  the  District  Court  of  the  United  States : 

for  the District  of : 

The  petition  of ,  respectfully  alleges  and  shows: 

1.  That  on ,  19 .  . . ,  he  was  duly  appointed  receiver  in 

bankruptcy  of  the  estate  of  the  above  named  bankrupt  and  required  to  file  a 

bond  in  the  penalty  of  $ ;  that  thereafter  he  filed  his  bond  in  the 

penalty  required,  and  has  continued  to  act  and  is  still  acting  as  such  receiver. 

2.  That ,  the  bankrupt  above  named,  was  engaged  in 

business  in  the  City  of ;  that  upon  qualify- 
ing as  receiver,  your  petitioner  took  charge  of  the  al)ove  named  premises  and 
all  the  assets  therein  contained ;  that  by  the  order  appointing  your  petitioner 
receiver  herein,  he  was  authorized  to  continue  the  business  for  a  period  of 

days  from  the  date  thereof;  that  in  pursuance  of  the  authority  so 

vested  in  your  petitioner,  he  continued  to  carry  on  the  l)usine3S  of  the  bankrupt 
upon  the  above  premises.  That  the  assets  of  the  bankrupt,  so  far  as  your 
petitioner  has  been  able  to  discover,  consist  of  the  following  property  contained 
in  the  premises ,  City  of 


3.  That  the  said   was  duly  adjudicated  a  bankrupt 

on  the day  of ,  19 ...  ;  that  some  time  must 

necessarily  elapse  before  there  can  be  a  first  meeting  of  creditors,  election  of  a 
trustee  and  a  sale  by  such  trustee :  That  the  business  at  present  is  being  con- 
ducted at  a  loss  and  in  the  opinion  of  your  petitioner  is  not  profitable;  that 


368  FOIJMS  IN  BAA'ivKUPTCY. 

it  would  he  a  mistake  to  allow  the  assets,  helonging  to  the  estate  herein,  to 
remain  unsold  until  same  could  he  sold  hy  a  trustee,  and  that  such  delay 
would  involve  great  loss  and  expense  to  this  estate,  inasmuch  as  the  value  of 
the  estate  depends  upon  keeping  the  business  as  a  going  concern  and  the 
property  is  rapidly  deteriorating  in  value. 

4.  That  your  petitioner  verily  believes  that  it  would  be  for  the  best  interests 
of  the  estate  in  his  charge,  that  the  assets  belonging  to  the  estate  herein  be 
sold  at  this  time,  as  the  court  may  direct ;  that  your  petitioner  verily  believes 
tlie  best  method  of  sale  of  the  assets  in  his  charge,  would  he  to  advertise  for 
sealed  bids  for  the  entire  business,  equipment,  good-will  and  unexpired  term  of 
the  lease;  that  the  said  bids  be  opened  on  a  day  and  time  certain ;  that  if  the 
bids  received  are  less  than  the  appraised  value,  or  if  equal  to  the  appraised 
value,  but  not  satisfactory  to  your  petitioner,  that  your  petitioner  sell  said  stock 
and  fixtures  at  public  auction  within  a  few  days  thereafter,  such  period  to  be 
designated  by  the  court ;  and  that  the  creditors  of  the  above  named  bankrupt,  as 
they  mav  appear  on  the  schedule  of  creditors  now  on  file  herein,  may  receive 
such  notice  as  the  court  may  direct,  and  that  such  other  notice  may  l)e  given,  as 
your  petitioner  may  deem  necessary  and  proper. 

Wherefore,  your  petitioner  would  respectfully  pray  that  he  be  authorized  to 

sell  the  assets  of  the  said  bankrupt,  now  situated  at , 

together  with  the  good-will  of  the  business  and  the  unexpired  term  of  the 
lease  of  the  said  premises,  at  private  sale  upon  sealed  competitive  bids  or 
at  public  auction,  under  such  terms  and  conditions  as  this  court  may  direct. 

"• 7 

Petitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY. 


369 


FORM  No.  235. 

ORDER  FOR  APPRAISAI.  AND   SALE  UPON   SEALED  BIDS. 

At  a  stated  term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the  Court 

House,  City  of    ,011  the 

day  of ,  19 .  . . 

Present : 

Hon , 

District  Judge. 


I2i  THE  Matter 

OF 


Bankrupt. 


No. 


Upon  the  petition,  adjudication  and  all  the  proceedings  herein,  and  upon  the 

annexed  petition  of ,  receiver  of  the  estate  of  the  al)ove 

named  hankrupt,  verified  the day  of ,  19 .  . .  ., 

and  upon  motion  of ,  attorney  for  the  said  receiver, 

it  is 

Ordered,  that , and , 

three  disinterested  persons,  he,  and  they  are  hereby  appointed  appraisers,  to 
appraise  the  property,  assets  and  effects  in  possession  of  the  receiver  herein; 
that  they  forthwith  enter  upon  their  duties  as  such  appraisers,  and  after  taking 
the  oath  required,  file  such  appraisal  in  the  office  of  the  clerk  of  this  court. 

And  it  is  further  ordered,  that  all  the  property,  assets  and  effects  of 

,  the  l)ankrupt  above  named,  now  in  the  possession  of 

the  receiver  herein,  situated  at ,  (together  with  the  good-will 

of  the  business  of  the  said  bankrupt,  and  the  unexpired  term  of  the  lease  of 
the  said  premises,)  be  sold  to  the  highest  l)idder  at  private  sale,  on  written 
competitive  sealed  ])ids,  for  a  sum  not  less  than  the  appraised  value  thereof, 
if  in  the  opinion  of  the  said  receiver  the  said  l)id  is  the  l)est  that  can  be 
olitained  therefor;  or  if  the  property  be  not  so  sold,  then  that  the  property  be 
sold  at  public  auction  for  a  sum  not  less  than  seventy-five  percentum  of  the 
appraised  value,  and  according  to  the  rules  of  this  court.    And 

Tt  is  further  ordered,  that  the  said  receiver  mail  notices  of  said  sale  to  all 
the  creditors  of  the  said  l)ankrupt,  known  to  said  receiver  or  as  they  may 
appear  on  the  schedule  of  the  said  creditors,  now  in  possession  of  the  said 
receiver,  and  to  all  such  dealers  as  he  may  think  advantageous,  offering  a 
reasonable  opportunity  to  inspect  said  property  and  for  written  Ijids  to  be  sent 


370  FORMS  IX  BANKRUPTCY. 

to  him  therefor;  and  the  said  notices  shall  also  state  that  the  said  bids  will  be 
opened  by  the  said  receiver  on  a  day  and  at  an  hour  and  place  to  be  fixed  by 
him,  and  that  creditors  may  then  attend  and  consider  the  bids,  which  notices 
shall  l)e  mailed  at  least  five  (5)  days  prior  to  that  time;  and  that  such  notices 
shall  further  notify  the  creditors  or  other  parties  that  if  the  receiver  shall  reject 
all  bids  suljmitted  to  him,  the  said  property  shall  then  be  sold  at  public  auction, 
according  to  the  rules  of  this  court,  at  a  time  and  place  fixed  l)y  the  receiver, 

and  such  notices  of  sale  shall  be  published  in  the five 

days  before  the  sale  and  on  the  morning  of  the  sale,  and  in  such  other  paper 
or  papers  as  to  the  receiver  may  seem  desirable  and  proper. 


D.  J. 


FORM  No.  236. 

NOTICE  OF  SALE  BY  RECEIVER. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OP 


Banliriipi. 


Pursuant  to  an  order  of  this  court,  the  undersigned,  receiver  of  the  above 

named  bankrupt,  offers  for  sale  the  property,  assets  and  effects  of  said  estate. 

The  property  to  be  sold  consists  of 


and  may  be  inspected  at  No Street,  in  the  City  of , 

on  the and days  of ,  19 .  .  . ,  between  the 

hours  of A.  :M.  and P.  M. 

The  said  property  will  be  sold  at  public  auction  by , 

auctioneer,  at  the  above  premises,  in  the  City  of ,  on  the 

day  of ,  19 . .  . ,  at o'clock  in  the noon  of  said  day. 

The  receiver  reserves  the  right  to  withdraw  any  of  said  property  from  sale 
unless  it  shall  bring  at  least  seventy-five  per  cent,  of  the  appraised  value. 

Dated day  of ,19... 


Receiver, 
.  . .  .,  Attorney  for  receiver, 
Street,  Citv  of 


FOKMS   IX  BANKKUrTCY. 


371 


FORM  No.  237. 

NOTICE  OF  SALE  BY  RECEIVER  ON  SEALED  BIDS. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Hanhrupt. 


Xotiec  is  hcrel)v  given  that  pursuant  to  an  order  of  the  United  States  Dis- 
trict Court  for  the district  of the  under- 
signed,   ,  receiver  in  bankruptcy  of , 

offers  for  sale  the  property,  assets,  and  effects  of  the  said  bankrupt. 

The  property,  to  be  sold  consists  of  the  following:   


[The  business  is  being  carried  on  by  the  receiver,  and  will  be  offered  as  a 
going  concern  on  any  bids  for  the  entirety.] 

The  above  described  property  will  be  sold  subject  to  the  following  liens  and 
encumbrances : 


Further  particulars  in  regard  to  said  liens  may  be  obtained  from  the  receiver. 

The   above   described   property   may   be   inspected   on   the   premises   from 

to ,  in .  .,  between  the  hours  of 

A.  M.  and  ...  P.  M. 

Bids  for  the  above  described  property,  assets  and  effects  as  an  entirety  may 

be  submitted  to  the  receiver  at  his  othce,  Xo Street,  City  of 

,  on  or  before o'clock  in  the noon  of 

,  19.  .,  at  which  time  and  place  the  bids  will  be  opened 

by  him,  and  creditors  may  attend  and  express  themselves  in  reference  thereto. 
Each  bid  must  be  accompanied  by  a  certified  check  or  cash  for  at  least  ten  per 
cent.  (10%)     of  the  amount  of  the  bid.     The  receiver  reserves  the  right  to 


372 


FOKMS  IX  BANKKUPTCY. 


reject  any  or  all  bids,  ii>  which  e\ent  the  said  proi^erty  will  be  sold  at  puljliq 

auction  on  the  premises  by ,  auctioneer,  on , 

19 .  . .,  at o'clock  in  the noon. 

Dated ,  19... 


Receiver. 
Street, 


City  of 


Attorney  for  Eeceiver, 


Street, 


City  of 


FORM  No.  238. 

PETITION  BY  RECEIVER   FOR  SAL.E   OF   PERISHABLE  PROPERTY. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  TPiE  Matter 

OF 


Banl-rupt. 


Xo. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

1.  That  he  is  the  receiver  herein  duly  qualified  and  acting. 

2.  That  your  petitioner  pursuant  to  the  order  of  his  appointment  has  taken 
possession  of  all  the  property,  assets  and  effects  of  the  above  named  alleged 
bankrupt  at  Xo St.,  City  of 

3.  That  among  the  assets  in  his  possession  is  the  following: 

That  said  property  is  perishable  and  unless  sold  forthwith  will  result  in  a 
complete  loss  to  this  estate. 


FORMS  IN   BANKRUPTCY. 


373 


4.  That  in  the  opinion  of  your  petitioner  it  is  absolutely  necessary  that 
same  be  sold  at  once. 

Wherefore,  he  prays  for  an  order  authorizing  and  directing  him  to  sell  said 
property  forthwith. 


Petitioner. 


(Verification.) 


FORM  No.  239. 

NOTICE  OF  SALE  BY  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  ^Matter 

OF 


>      No. 


bankrupt. 


To  the  creditors  of  the  above  named  bankrupt : 

Notice  is  hereby  given  that  personal  property  belonging  to  the  estate  of 

the  above  named  bankrupt  will  be  r,old  under  the  direction  of , 

the  trustee,  at  public  auction  by ,  (United  States)  auctioneer, 

at  No , St.,  City  of ,  on  the 

day  of 19 .  . ,  at  .  .  .  .  o  'clock  in  the noon. 

A  general  description  of  the  jDroperty  to  be  sold  is  as  follows:  [Here  set 
forth  property  to  be  sold.] 

The  said  property  may  be  inspected  at  the  above  premises  on  any  busi- 
ness day  prior  to  the  sale  between  the  hours  of  ....  A.  ]\I.  and  ....  P.  M. 

The  trustee  reserves  the  right  to  withdraw  any  of  the  said  property  from 
sale  unless  it  shall  bring  at  least  seventy-five  per  centum  of  the  appraised 
value. 


Referee  in  Bankruptcy. 


Dated, 


.,  19... 


Attorney  for  Trustee, 
[Address]. 


374 


FORMS  IN  BANKRUPTCY. 


NOTES. 

Notice  to  creditors. 

Ill  re  Moiisarrat  (No.  1)   (D.  C.  Haw.),  25  Am.  B.  R.  815. 

Trustee  may  sell  stock  of  liquors  in  bulk  without  being  obliged  to  take  out  a  license 
or  pay  tax. 

In  re  Becker,  2  National  Bank  News,  225. 

Sale  of  property  in  other  districts. 

Bankruptcy  Court  has  jurisdiction  to  order  same. 

T.  E.  Wells  Co.  V.  Sharp  (In  re  Plymouth  Elevator  Co.)  (C.  C.  A.  8th  Cir.),  31 
Am.  B.  K.  344;  208  Fed.  393;  125  C.  C.  A.  609. 


FORM  No.  240. 

PETITION   FOR   PRIVATE   SALE  BY  TRUSTEE. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OP 


Banl-rnpf. 


No. 


To ,  Esq.,  Referee  in  Bankruptcy: 

Your  petitioner  respectfully  shows : 
That  ho  is  the  trustee  herein  duly  qualified  and  acting. 
That  a  portion  of  such  bankrupt's  estate  consists  of  the  following  property: 


That  it  will  he  to  the  advantage  of  the  estate  that  such  property  he  sold 
forthwith  at  private  sale  for  the  following  reasons  and  upon  the  following 
terms :    


That  no  previous  application  has  been  made  to  this  court  for  the  order 
hereinafter  asked. 

'^ATierefore,  your  petitioner  prays  for  an  order  permitting  him  to  sell  said 
property  in  the  way  and  on  the  terms  alwve  specified. 


Petitioner. 


[Verification.] 


FOILMS  IX   liAXKKL'PTCY. 


375 


FORM  No.  241. 

ORDER  FOR  PRIVATE  SALE  BY  TRUSTEE. 


United  States  Distrirt  Court, 

for  the District  oi' 

III  Baiikruptcv. 


OF 


Hanknipt. 


No. 


the  trustee  herein,  havin<r  filed  a  duly  verified  petition 

prayino;  for  an  order  permitting  him  to  sell  at  private  sale,  the  following 
property:     [Here  specify  property.] 


on  the  terms  set  forth  in  said  petition  (and  a  meeting  of  creditors  having  been 
duly  held  upon  10  days'  notice)  and  it  appearing  that  good  cause  for  such  sale 

has  been  s-hown  ;  now.  on  motion  of   ,  Esq.,  attorney 

for  the  trustee,  it  is 

Ordered:  That tlie  trustee  herein,  be,  and  he  hereby  is 

authorized  to  sell   the  property  above  specified  to    for 

the  sum  of  $ 

And  it  is  further  ordered  :  That  the  .'-aid  trustee  keep  an  accurate  account 
thereof  and  (ile  same  with  the  referee. 

Dated 10... 


Referee  in  BanWuptcy. 
NOTES. 
Authority  for  sale. 

Tn  re  Kdcs.  14  Am.  B.  R.  382;  135  Fed.  595. 
In  re  P.-crless  Finisliin<jr  Co..  28  Am.  B.  K.  420;   199  Fed.  350. 

In  re  Xevada-I'tah  Smelters  Corp.   (C.  C  A.  2d  Cir.),  20  Am.  B.  R.  754:  202  Fed. 
12(>:   120  C.  C.  A.  440;  affv.  s.  o.  28  Am.  B.  R.  400:   108  Fed.  407. 
General  Order  XVIII  construed. 
In  re  Knox  Automobile  Co.  (D.  C.  :\Iass.),  32  Am.  B.  R.  67;  210  Fed.  569. 


376 


FORMS  IX  BANKEUPTCY. 


FORM  No.  242. 

PETITION  FOR  SALE  AT  AUCTION  OF  REAL  ESTATE. 

In  the  District  Court  of  the  United  States  for  the District 

of 

In  Bankruptcy. 


1 


In  the  Matter 

OP 


>  ITO o.o, 


Bankrupt. 


To ,  Esq., 

Referee  in  Bankrupicy : 

Respectfully  represents    ,  trustee  of  the  estate  of  said  bankrupt, 

that  it  would  be  for  the  benefit  of  said  estate  that  a  certain  portion  of  the  real 
estate  of  said  bankrupt,  to  wit :  \Jiere  describe  property  and  its  estimated  value^ 
should  be  sold  by  auction,  in  lots  or  parcels,  and  upon  terms  and  conditions, 
as  follows : 


Wherefore,  he  prays  that  he  may  be  authorized  to  sell  said  real  estate  as  afore- 
said, and  that  a  meeting  of  creditors  be  called  on  ten  days'  notice  to  consider 
same. 

Dated  this day  of ,  A.  D.  19... 


Trustee. 


(Verification.) 


FORMS  IN  BANKRUPTCY. 


377 


FORM  No.  243. 


ORDER  FOR  SALE  AT  AUCTION  OF  REAL  ESTATE. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Mattkb 

OF 


Bankrupt. 


V      No. 


. . ; ,  as  trustee  of  the  estate  of  the  above  named  bankrupt, 

having  tiled  in  the  office  of  the  referee,  a  petition,  verified 

19.  .,  praying  that  he  be  authorized  by  the  creditors  of  the  estate  herein,  to 
sell  at  public  auction,  a  certain  portion  of  the  real  estate  of  said  bankrupt, 
to  wit:  (Here  describe  property  fully)  upon  terms  and  conditions  as  follows: 

and  that  a  meeting  of  the  creditors  be  called  to  consider  the  prayer  of  the 
said  petition,  and  the  said  petition  having  come  on  for  a  hearing  before  me, 
of  which  ten  days'  notice  was  given  by  mail  to  the  creditors  of  the  said  bank- 
■  rupt, 

Now,  after  due  hearing,  (no  adverse  interest  being  represented  thereat,)  or 

(after  hearing ,  in  favor  of  said  petition  and , 

in  opposition  thereto),  it  is 

Ordered,  that  the  said  trustee  be  authorized  to  sell  the  portion  of  the 
bankrupt's  real  estate,  specified  in  the  said  petition,  at  auction,  keeping  an 
accurate  account  of  each  lot  or  parcel  sold  and  the  price  therefor  and  to  whom 
sold  ;  which  said  account  he  shall  file  at  once  with  the  referee. 

Dated , ,  19... 


Referee  in  Bankruptcy. 


378 


FOKAIS  IX  BANKKUITCY. 


NOTES. 
Sale  of  bankrupt's  real  estate. 

In  re  La  France  Copper  Co.  (D.  C.  Mont.),  30  Am.  B.  R.  381;  205  Fed.  207. 
Real  estate  transferred  in  fraud  of  creditors.   Trustee's  rights  therein,  wlien  salable. 
In  re  Downing  (C.  C.  A.  2d  Cir.),  29  Am.  B.  R.  228;  201  Fed.  93;  119  C.  C.  A.  431; 
aff'g,  a.  c.  27  Am.  B.  R.  309;  192  Fed.  683. 


FORM  No.  244. 

PETITION  TO  REFEREE  FOR  SAXE  OF  PERISHABLE  PROPERTY  ANT> 

ORDER  THEREON. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl-rnpl. 


Xo. 


To ,  Esq., 

Beferee  in  Banl-ruplci/: 

Respectfully  represents the  said  bankrupt,  (or  a 

creditor,  or  the  receiver,  or  the  trustee  of  the  said  ])ankrupt's  estate). 

That  a  part  of  the  said  estate,  to  wit, 


now  in ,  is  perishable,  and  that  there  will  l)e  loss  if  the 

same  is  not  sold  immediately. 

Wherefore,  he  prays  the  court  to  order  that  the  same  l)e  sold  immediately 
without  notice. 

Dated  this day  of ,  A.  D.  19 .  . . 


[Verification.] 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for  a 
hearing  before  me,  now,  after  due  hearing,  no  adverse  interest  being  repre- 
sented thereat,  I  find  that  the  facts  are  as  above  stated,  and  that  the  same 


FORMS  I.\   IJANKKriTC'V.  379 

is  required  in  the  interest  of  the  estate,  and  it  is  therefore  ordered  that  the 
said  j)roperty  he  sohl  forthwith. 

Witness  my  hand  this   day  of ,  A.  D.  in .  .  . 


Referee  in  Banlrupfc;/. 
NOTES. 

Perishable  property. 

What  i3,  '■  pt'rishable  property." 

In  re  Smith,  1  N.  B.  N.  180,  204. 

In  re  Pedlow  (C.  C.  A.  2d  Cir.),  31  Am.  B.  R.  761;  209  Fed.  841;  126  C.  C.  A.  565. 

Stock  of  hardware  not  so  regarded.     In  re  Beutel'a  Sons  Co.,  7  Am.  B.  R.  768. 

In  re  Roberts  (Smithson  v.  Emmerson)    (C.  C.  A.  7th  Cir.),  21  Am.  B.  R.  573;  IGG 
Fed.  96 ;  92  C.  C.  A.  80. 

AMien  real  estate  may  be  so  considered. 

In  re  Milne  Mfg.  Co.  (D.  C.  N.  Y.),  21  Am.  B.  R.  468. 

Discretionary    power    of    referee    not    disturbed    unless    it    clearly    appears    tliat 
discretion  was  improvidently  exercised. 

In  re  Hawkins  (D.  C.  N.  Y.),  11  Am.  B.  R.  49;  125  Fed.  633. 

Notice  to  creditors. 

In  re  ililne  Mfg.  Co.  (supra). 


330  FORMS  IX  BANKRUPTCY. 

FORM  No.  245. 

[Official.] 
PETITION  AND  ORDER  FOR  SALE  SUBJECT  TO  LIEN. 

In  the  District  Court  of  the  United  States  for  the  District 

of 

In  Bankruptcy. 


Ik  the  Matter 

OF 


bankrupt. 


No. 


Respectfully   represents    ,   trustee   of  the   estate  of  said 

bankrupt,  that  a  certain  portion  of  said  bankrupt's  estate,  to  wit :  \^Here 
describe  the  estate  or  property  and  its  estimated  vaJue~\  is  subject  to  a  mortgage 
[^describe  mortgage^,  or  to  a  conditional  contract  [describe  it],  or  to  a  lien 
[describe  the  origin  and  nature  of  the  lien],  or  [{/  the  property  be  personal 
property]  has  been  pledged  or  deposited  and  is  subject  to  a  lien  for  [describe 
the  nature  of  the  lien],  and  that  it  would  be  for  the  benefit  of  the  said 
estate  that  said  property  should  be  sold,  subject  to  said  mortgage,  lien,  or 
other  incumbrance,  ^^^le^efore  he  prays  that  he  may  be  authorized  to  make 
sale  of  said  property,  subject  to  the  incumbrance  thereon. 

Dated  this day  of ,  A.  D.  19.  .. 


Trustee. 

(Veriilcation.) 

The  foregoing  petition  having  been  duly  filed  and  having  come  on  for  a 
hearing  before  me,  of  which  hearing  ten  days'  notice  was  given  by  mail  to 
creditors  of  said  bankrupt,  now,  after  due  hearing,  no  adverse  interest  being 

represented  thereat  [or  after  hearing in  favor  of  said  petition 

and   in  opposition  thereto],  it  is  ordered  that  the  said 

trustee  be  authorized  to  sell  the  portion  of  the  bankrupt's  estate  specified  in 
the  foregoing  petition,  by  auction  [or,  at  private  sale],  keeping  an  accurate 
account  of  the  property  sold  and  the  price  received  therefor  and  to  whom  sold ; 
which  said  account  he  shall  file  at  once  with  the  referee. 

Witness  my  hand  this day  of ,  A.  D.  19.  .. 


Referee  in  Bankruptcy. 
[Note. — It  is  suggested  that  the  petition  herein  should  be  nddressed  to  referee.] 


FORMS  IN  BANKRUPTCY.  381 

NOTES. 

Sale  subject  to  incumbrances. 

Purchaser  takes  property  charged  therewith. 

In  re  Gerry,  7  Am.  B.  R.  459;   112  Fed.  957,  959. 

When  Bankruptcy  Court  has  custody  of  the  res  its  jurisdiction  is  exclusive. 

In   re  Zehiier    (1).  C.  La.),  27  Am.  B.  11.  536;    193  Fed.  7S7. 

Rijrhts  of  lienors  not  afl'ected. 

In  re  Muhlhauser  Co.  (C.  C.  A.  6th  Cir.).  10  Am.  B.  B.  236;  121  Fed.  069;  57  C.  C. 
A.  423. 

In  re  riatteville,  etc.,  Co..  17  Am.  B.  R.  291;  147  Fed.  828. 

Where  there  is  no  surplus  for  bankrupt  estate,  trustee  not  entitled  to  compensation 
from  lienors. 

Smitli  V.  Township  of  Au  Cres  (C.  C.  A.  Gth  Cir.),  17  Am.  B.  R.  745;  150  Fed. 
257;  80  C.  C.  A.  145. 

Not  chargeable  with  general  expenses  of  estate  nor  of  receiversliip. 

In  re  Clark  Coal  and  Coke  Co.,  23  Am.  B.  R.  273;  173  Fed.  658. 

In  a  sale  of  a  stock  exchange  seat  the  proceeds  pass  to  trustee  for  distrihutic^n 
according  to  the  rules  of  the  exchange  as  against  general  creditors. 

In  re  Gregory  (C.  C  A.  2d  Cir.),  23  Am.  B.  R.  270;  174  Fed.  629;  98  C.  C.  A.  383. 
Compare,  Hyde  v.  Woods,  94  U.  S.  523;  24  L.  Ed.  318. 

rage  V.  Edmunds,  187  U.  S.  596;  47  L.  Ed.  318;  9  Am.  B.  R.  277. 

Contra.  Cohen  v.  Budd,  17  Am.  B.  R.  329;  117  App.  Div.  (N.  Y.)  922;  102  N.  Y. 
Supp.  1133. 


FORM  No.  246. 

NOTICE   OF  SALE   (PRACTICE   IN  DISTRICT   OF  NEW^  JERSEY), 

United  States  District  Court, 

for  the District  of : 


In  the  Matti:r 

OF 


llanlrrupl. 


No 

Xotice  of  Sale. 


Notice  is  hereby  given  that ,  Receiver  in  Bankruptcy  of 

the  above  named  l)ankrupt,  will  offer  for  sale  the  following  described  property, 
to  wit : 

The  stock  of  merchandise  consisting  of , 

together  with  the  furniture,  fi.xtiires,  equipment,  good-will,  etc.,  of  the  busi- 
ness now  conducted  at  No in  the  City  of X.  J., 

in  the  following  manner:  Sealed  bids  are  invited  for  the  said  property  in 
lots  and  as  a  whole,  such  bids  to  be  cpened  by  the  receiver  herein  at  the 


382  '  FOKMS  IN  BANKRUPTCY. 

office  of  the  referee  in  the Building,  City  of , 

New  Jersey,  on  the day  of 19.  . .,  at 

o'clock  in  the  foreJioon  of  said  day,  and  (one-half)  hour  after  the  opening  of 
such  bids  the  receiver  will  ott'er  the  said  jjroperty  at  public  auction,  both  in 

lots  aud  as  a  whole  at  the  premises  of  said  ))ankrupt, ,  at 

No Street,  in  the  City  of  . ,  New  Jersey, 

by ,  auctioneer,  the  bidding  to  be  started  at  the  high- 
est sealed  bid  for  each  lot  and  for  the  whole,  and  the  property  to  be  sold 
subject  to  confirmation  l)y  the  court  to  the  l)idder  or  bidders  whose  bid  or 
bids  realizes  the  best  price  to  the  estate,  at  least  25  per  cent,  of  such  highest 
bid  or  bids  to  be  paid  as  a  deposit  by  such  highest  bidder  or  bidders. 

The  property  to  be  sold  may  be  inspected  at  the  premises  No 

Street,    ,  New  Jersey,  on  the   ,   , 

,   and of ,  19 . . ,  l)etween  the 

hours  of  ...  .  A.  ^r.  aud  ....  P.  M.,  and  further  particulars  in  regard  to  said 
sale  may  be  obtained  from  the  receiver  at  his  office  in  the Build- 
ing,   ,  New  Jersey,  or  from  the  undersigned,  attorneys  of  said 

receiver.    The  receiver  reserves  the  right  to  reject  any  and  all  Inds. 

Take  further  notice  that  the  undersigned  receiver  will  make  liis  report  of 

sale  and  application  for  confirmation  thereof  before ,  Esq., 

Referee  in  Bankruptcy,  at  his  office  No Street,  City  of 

,  on  the day  of ,  19 .  . ,  at  .... 

o'clock  in  the  forenoon. 

Dated ,  New  Jersey, ,  19 . . 


Eecenver. 
N.  J. 


Allornei/  for  Receiver. 
[Address.] 


FORMS  JX  BANKRUPTCY. 


383 


FORM  No.  247. 

TRUSTEE'S    MEMORANDUM    OF    "TERMS    OF    SALE". 

United  States  District  Court, 

for  tlie District  of 

In  Bankruptcy. 

In  the  Matter 

OP 


y    No. 


Hanlcrxipt. 


TERMS  OF  SALE  BY  TRUSTEE  OF  REAL  ESTATE. 

(1)      The  real  estate  to  be  sold  is  described  as  follows: 


(2)      (....'/<)   per  cent,  of  the  pui'chase  price  of  the  s;ii:l 

real  estate  in  certified  check  or  cash  shall  be  paid  to  the  auctioneer  at  the 
time  and  place  of  the  sale  for  which  he  will  render  a  receipt  to  the  purchaser. 

(3)  The  residue  of  the  said  purchase  price  must  be  paid  to 

,  as  trustee,  at  the  office  of  his  attorneys, , 

No Street,  City  of on  the 

day  of ,  19. .,  at  12  noon,  when  the  deed  to  the  said  prop- 
erty will  be  ready  for  delivery,  and  the  title  closed. 

(4)  The  trustee  is  not  required  to  send  any  notice  to  the  purchaser:  and 
if  he  neglects  to  call  at  the  time  and  place  above  specified  and  receive  his  deed, 
he  will  be  charged  interest  thereafter  on  the  whole  amount  of  his  purchase, 
unless  the  trustee  shall  deem  it  proper  to  extend  the  time  for  the  completion 
of  the  said  purchase. 

(T))     The  said  trustee  will  convey  the  title  to  the  purchaser  in  fee  simple 

subject  only  to  a  mortgage  of  $ ,  and  accrued  interest  at 

( . .  % )  per  cent,  per  annum,  from  the day  of ,  19 .  . . 


384  FORMS  IN  BANKRUPTCY. 

All  other  encumbrances,  taxes  and  assessments  which  at  the  time  of  the  sale 
are  liens  or  encumbrances  upon  said  premises,  will  ))e  allowed  out  of  the  pur- 
chase money,  provided  the  purchaser  shall,  previous  to  the  delivery  of  the 
deed,  produce  to  the  said  trustee  proof  of  such  liens,  and  the  existence  of  any 
unpaid  taxes  or  assessments  shall  not  l)e  deemed  to  be  an  olijection  to  the 
title,  provided  the  amount  thereof  is  so  allowed. 

(6)  The  purchaser  of  the  said  real  estate  shall  at  the  time  and  place  of 
sale  sign  a  memorandum  of  his  purchase. 

(7)  It  is  understood  and  agreed  that  the  auctioneer  or  the  said  trustee  is 

not  responsible  for  any  interest  on  the %  deposited  under  the  terms 

of  sale. 

(8)  This  sale  is  made  subject  to  the  approval  of  the  United  States  Dis- 
trict Court  for  the District  of ,  the  trustee 

reserving  the  right  to  reject  any  and  all  bids  made,  but  it  is  understood 
however,  that  the  trustee  shall  inform  the  purchaser  whether  his  bid  has 
been  accepted  or  rejected  on  or  before  the day  of ,  19.  . 

Dated  ,  19.  .  . 

NOTES. 

Relieving  purchaser  from  bid. 

Tn  re  Caponigri  (C.  C.  A.  2d  Cir.),  32  Am.  P..  R.  158;  210  Fed.  897;  127  C.  C.  A.  466. 

Purchaser  not  relieved  from  bid  because  of  "  puffer." 

Williams  v.  Hogue  (C.  C.  A.  4tli  Cir.),  34  Am.  B.  11.  40;  219  Fed.  182;  134  C.  C.  A. 
556. 

Sale  of  trustee's  rights  under  a  lease.  Purchaser  held  to  have  no  right  to  rescind 
and  recover  purchase  price. 

In  re  Frazin  and  Oppenheim  (C.  C.  A.  2d  Cir.),  29  Am.  P..  R.  212;  201  Fed.  343; 
120  C.  C.  A.  391. 

Sale  of  good  will  and  corporate  name. 

S.  F.  Myers  Co.  v.  Tuttle  (D.  C.  N.  Y.),  26  Am.  B.  R.  541 ;   188  Fed.  532. 

Medical  and  surgical  practice  and  good  will  of  a  ])hysician  not  assets  passing  to 
trustee. 

In  re  Myers,  31  Am.  B.  R.  24. 

Rejection  of  bid  and  sale  to  a  third  party. 

In  re  Chandler  (C.  C.  A.  7th  Cir.),  28  Am.  B.  R.  89;  194  Fed.  944;   114  C.  C.  A.  580. 

Petition  to  compel  purchaser  to  complete  purchase. 

In  re  Myers-Wolf  Mfg.  Co.  (C.  C.  A.  3d  Cir.),  30  Am.  B.  R.  572;  205  Fed.  289;  123 
C.  C.  A.  441. 

Sale  of  liquor  license. 

Tn  re  Doyle  and  Sons,  30  Am.  B.  R.  58;  rev'd,  31  Am.  B.  R.  571;  209  Fed.  1; 
126  C.  C.  A.  143. 


FOKMS  IN  BANKRUPTCY, 


385 


FORM  No.  248. 

PETITION   FOR    SALE  FREE  AND    CLEAR   OF   LIENS. 

United  States  District  Court, 

District  of   : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupl . 


No. 


To  the  Disti-ict  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

First:     That  your  petitioner  was  heretofore  and  on  the day 

of   ,  10.  .,  duly  a])pointed  the  trustee  in  bankruptcy  of  all  of 

the  property  of  the  above  bankrupt  and  has  duly  qualified  as  such  l)y  filing  his 
liond  in  this  court  in  the  sum  of  $ conditioned  for  the  faithful  per- 
formance of  his  duties,  and  is  now  acting  as  such  trustee. 

Second :     That  your  petitioner  has  taken  possession  of  all  the  property  of 
the  said  bankrupt  which  inchides  the  following  described  real  and  personal 

estate  located  at  the  Town  of , County, 

State  of : 

All  that  certain  tract  or  })arcel  of  land,  with  the  buildings  thereon  erected 
and  all  machinery  connected  with  or  attached  to  said  building  and  ])r()pcrty, 

situate  in  tlie  Town  of County  of and  State 

of    l)Ounded  as  follows : 


Together  with  all  and  singular,  the  tenements,  hereditaments  and  appur- 
tenances l)elonging  to  the  said  property ;  and  the  reversion,  remainders,  tolls, 
income,  rents,  issue  and  profits  thereof  including  all  chattels,  fixtures,  furnish- 


386  rOKMS  IX  BANKRUPTCY. 

ings,  machinery,  tools  and  every  other  estate,  right,  title  and  interest,  property 

and  appurtenances  of  the  said   

Third  :     That  heretofore  and  on  the day  of ,  19 .  .,  an 

involuntary  petition  in  hankruptcy  was  filed  herein  against  the  ahove  named 
bankrupt,  and  theretofore  and  within  four  months  prior  to  the  date  of  the 

filing  of  the  said  petition,  to  wit,  on  the day  of 

19...,  the  said  bankrupt  for  and  in  consideration  of  the  alleged  sum  of 
$ ,  made,  executed  and  delivered  a  certain  bond  and  mortgage  cover- 
ing all  of  the  above  described  property,  to ,  [a  corpo- 
ration organized  under  and  existing  by  virtue  of  the  laws  of  the  State  of 

• ] 

Fourth  :  That  the  said  alleged  bond  and'  mortgage  were,  as  your  petitioner 
is  informed  and  does  verily  believe,  executed  and  delivered  under  the  follow- 
ing circumstances: 

That  on  the  said day  of ,  19 .  .,  and  for  a  con- 
siderable period  prior  thereto,  the  said  bankrupt  above  named  was  insolvent 
and  that  his  property  at  a  fair  valuation  was  insufficient  to  pay  all  of  his  debts 
in  full,  which  said  debts,  as  your  petitioner  is  informed  and  does  verily  believe, 

did  on  said  ....  day  of ,  19 .  . ,  and  prior  thereto,  aggregate 

the  sum  of  about  $ ;  and  that  all  of  his  assets  of  whatsoever  kind, 

character,  nature  or  description,  did  not  exceed  in  value  the  sum  of  about 


Fifth :     That  on  said day  of ,  19.  .,  the  said 

bankrupt  was  indebted  to in  the  sum  of  $ , 

which  said  indebtedness  consisted  of  two  promissory  notes  in  writing,  made, 

executed  and  delivered  by to ,  each  for 

the  sum  of  $ 

Sixth  :     That  on  said day  of ,  19 .  . ,  the  said 

notes  of  $ ,  due  on  that  day,  were  not  paid  by  the  said  bankrupt,  and 

were  thereupon  duly  protested  for  non-payment  by  the  said , 

on  which  said  day,  as  your  petitioner  is  informed  and  verily  believes,  the  said 

knew  and  had  reasonable  cause  to  believe  that  the  said 

,  was  insolvent  and  unable  to  pay  his  debts ;  and  that 

thereafter  and  on  the day  of ,  19 .  . ,  well 

knowing  that  the  said   ,  was  insolvent  and  having  good  and 

reasonable  cause  to  so  believe,  and  without  any  present  fair  consideration,  and 
as  security  for  an  antecedent  indebtedness,  he  did  accept  and  take  the  said 

bond  and  mortgage  for  the  said  sum  of  $ on  said  real  and  personal 

property  hereinbefore  mentioned  and  described. 

Seventh :  That  heretofore  and  by  order  of  this  court,  all  of  the  said 
property  hereinbefore  mentioned  and  described,  was  duly  appraised  at  the 
sum  of  $ ,  and  as  your  petitioner  is  informed  and  does  verily 


FORMS  IN  BANKRUPTCY.  387 

believe,  the  said  property  if  sold  by  your  petitioner  subject  to  the  said  mortgage 

of  $ ,  above  mentioned,  will  not  realize  any  equity  whatsoever 

by  reason  of  the  fact  that  the  said  property  is  not  worth  tlie  amount  of  the 
said  mortgage  and  that  no  one  interested  in  property  of  this  character  would 
purchase  said  property  subject  to  it. 

Eighth  :  That  your  petitioner  proposes  to  institute  legal  proceedings  in  this 
Court  to  declare  void  and  of  no  effect,  the  said  mortgage  and  to  have  the  same 
annulled  and  cancelled  as  of  record,  upo'i  the  ground  that  under  and  ])y  virtue 
of  the  terms  and  conditions  of  the  Acts  of  Congress  relating  to  bankruptcy, 
the  giving  of  the  said  mortgage  was  preferential  as  security  for  an  ante- 
cedent indebtedness  and  for  no  present  fair  consideration  passing  at  the  time 
of  the  execution  and  delivery  thereof ;  and  upon  the  further  ground  that  the 
said  mortgage  constituted  a  preference  by  reason  of  the  fact  that  at  the 
time  that  the  said  bond  and  mortgage  were  executed  and  delivered,  the  said 

receiving  the  same,  knew  and  had  reasonable  cause  to 

know  and  believe  that  the  said  Itankrupt  was  insolvent. 

Ninth :     That  your  petitioner  has  examined  and  caused  to  be  examined 

,   . ,  and  other  witnesses,  to  all  of 

which  testimony  your  petitioner  upon  the  hearing  of  the  application  herein 
made  begs  leave  to  refer  and  from  which  said  examination  the  facts  as 
hereinbefore  alleged  do  more  particularly  and  at  length  appear. 

Tenth:  That  your  petitioner  in  the  performance  of  his  duties  as  said 
trustee,  is  desirous  of  immediately  disposing  of  all  of  the  property  of  the 
bankrupt  herein,  and  in  order  so  to  do  most  advantageously  to  the  interest  of 
the  creditors  of  the  said  bankrupt,  does  verily  believe  that  the  said  property 

should  be  sold  free  of  and  from  the  lien  of  the  said  mortgage  of  $ , 

which    said   mortgage    in    detail    covers    the    said    property    as    hereinbefore 

described,  and  Avhich  was  made,  executed  and  delivered  on  said day 

of   ,   10 .  . ,  l)y  the  said    ,  l)aid<ru])t  herein, 

for  the  said  sum  of  $ ,  and  which  was  thereafter  and  on  the 

day  of ,  li) .  . ,  duly  recorded  in  I.iber 

of  ^Mortgages  at  page in  tlie  office  of  the  clerk  of  the  County  of 

,  State  of   

Wherefore,  your  petitioner  does  respectfully  pray  this  Honorable  Court  that 

an  order  be  made  herein,  requiring   ,  mortgagee  to  show 

cause  before  this  court  at  a  time  and  place  to  be  stated,  why  an  order  should 
not  be  made  and  entered  herein,  directing  that  all  of  the  property  mentioned 
and  described  in  the  petition  herein  and  covered  l)y  the  said  mortgage  herein 
referred  to,  be  sold  l)y  your  petitioner  as  trustee  of  the  said  bankrupt,  at 
public  auction  and  in  the  manner  ])rescribed  by  the  Acts  of  Congress  relating 
to  Bankruptcy,  and  the  General  Orders  of  the  Supreme  Court  of  the  United 
States,  free  of  and  from  the  lien  of  the  said  mortgage  and  why  the  proceeds 


383 


FOKMS  IN  BAXKKUPTCY. 


arising  of  and  from  the  sale  of  the  said  property  should  not  be  held  by  your 
petitioner  subject  to  the  lien  of  the  said  mortgage,  to  all  intents  and  purposes 
as  though  the  said  property  had  not  been  sold,  subject  to  the  final  order,  judg- 
ment and  decree  of  this  court,  or  the  final  order,  judgment  and  decree  of  a 
court  of  competent  jurisdiction,  as  to  tlie  validity  of  the  said  mortgage  and 
why  your  petitioner  should  not  have  such  other  and  further  relief  as  to  this 
Honorable  Court  may  seem  just  and  proper. 

And  your  petitioner  will  ever  pray,  etc. 

Dated  ,  19 . . . 


Petitioner. 


Attornoij  for  Trustee, 

Office  and  Post-office  address, 

Street, 

City  of 

[Verification.] 


FORM  No.  249. 

NOTICE    OF  MOTION  FOR   SALE   FREE  AND   CEEAR   OF   EIENS. 

United  States  District  Court, 

for  the District  of ; 

In  Bankruptcy. 


In  tith  Matter 

OF 


JianliTupt. 


No. 


Please  take  notice  that  upon  the  annexed  petition  of  .  .  .  . 
trustee  in  bankruptcy  of  the  a])Ove  named  bankrupt,  verified 


FORMS   IN   KVXKKUPTCY.  38i) 

19.  .,  the  annexed  affidavit  of ,  verified 19. ., 

the (mortgage,  etc.)  a  copy  whereof  is  hereto  annexed, 

from to ,  hearing  date , 

19.  .,  and  upon  all  the  proceedings  and  testimony  taken  heroin,  a  motion  will 

be  made  by  the  undersigned  on  behalf  of  the  trustee  herein  before 

p]sq.,  referee  in  bankruptcy,  in  charge  of  this  proceeding,  at  his  office.  No. 

Street,  in  the  City  of   ,  on  the 

day  of ,  19.  .,  at  ...  o'clock  in  the noon, 

or  as  soon  thereafter  as  counsel  can  be  heard,  for  an  order  authorizing  and 

directing ,  as  trustee  in  bankruptcy  of  the  estate  of  the  above 

named  bankrupt,  to  sell  the  property  mentioned  in  the  annexed  petition  of  the 

trustee  herein,  and  situated  at ,   ,  and  that  the 

said  trustee  be  authorized  and  directed  to  sell  and  dispose  of  the  aforesaid 
property,  now  in  his  possession,  and  claimed  to  belong  to  this  estate,  free  and 
clear  of  all   liens  and   demands  thereon,  including  an  alleged   mortgage  of 

to    ,    dated    

19.  .,  and  that  the  proceeds  arising  from  the  sale  of  the  said  proi)erty  he  held 
by  the  trustee  subject  to  the  claims,  liens  and  demands  of  the  alleged  mort- 
gagees, lienors  and  claimants,  and  that  the  said  mortgages,  liens,  claims  and 
demands  attach  to  the  proceeds  of  such  sale  with  the  same  force  and  effect  as  if 
upon  the  property  itself,  subject  to  the  final  order,  judgment  and  decree  of  this 
court  or  of  a  court  of  competent  jurisdiction  as  to  the  validity,  bona  fides 
and  extent  of  such  mortgage,  lien,  claim  and  demand; 

And  for  such  other  and  further  relief  as  to  this  court  may  seem  just  and 
proper. 

Dated ,19... 


Attorney  for  Petitioner, 
(Address.) 

To 

(  Claimant  or  ") 


Alleged  Mortgagee. 


390 


rOBMS  IX  BANKRUPTCY. 


FORM  No.  250. 

ORDER   DIRECTING    SALE   FREE    AND    CLEAR    OF   LIENS. 

United  States  District  Court, 
for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Hankrvpt. 


No. 


An  order  having  been  heretofore  made  herein  requiring 

to  show  cause  before  this  court,  at  the  office  of ,  Esq., 

referee,  why  an  order  should  not  be  made  herein,  directing  that  certain  of  the 
property,  now  in  the  possession  of  said  trustee  and  mentioned  and  described 
in  the  petition  annexed  to  the  said  order  and  alleged  to  be  covered  by  the 
mortgage  therein  referred  to,  be  sold  by  the  said  trustee  at  public  auction,  and 
in  the  manner  prescribed  by  the  Acts  of  Congress  rehiting  to  bankruptcy  and 
the  General  Orders  of  the  Supreme  Court  of  the  United  States,  free  of  and 
from  the  lien  of  the  said  mortgage,  and  why  the  proceeds  arising  of  and  from 
the  sale  of  the  said  property  should  not  be  held  by  the  said  trustee  subject  to 
the  lien  of  the  said  mortgage,  to  all  intents  and  purposes  as  though  the  said 
property  had  not  been  sold :  subject  to  the  final  order,  judgment  and  decree 
of  this  court,  or  of  the  final  order,  judgment  or  decree  of  a  court  of  competent 
jurisdiction,  as  to  the  validity,  bona  fides  and  extent  of  the  said  mortgage,  and 
for  other  and  further  relief, 

Xow,  upon  reading  and  filing  the  said  order  to  show  cause,  and  the  ])etition 
of ,  trustee  thereto  annexed,  verified  the day  of 

,   19.., 

And  upon  the  petition  in  bankruptcy  herein,  the  testimony  taken  at  the  first 

meeting  of  creditors  in  support  of  the  said  application  ;  and  the  said 

having  duly  appeared  upon  the  return  of  said  order  to  show  cause  and  duly 

filed  his  answer,  verified  the day  of ,  10 .  . ,  the 

affidavits  of and ,  duly  verified 

the and days  of 19. .,  in  opposi- 
tion to  the  said  application. 


FORMS   IX    ]iA.\Kl{ri''i(  V.  391 

And  after  hearing  respective  counsel  for  the  trustee  and  the , 

and  due  deliberation  having  been  had;  and  it  appearing  to  the  satisfaction 
of  this  court  that  the  best  interests  of  the  creditors  of  the  said  bankrupt  above 
named  will  be  subserved  by  tiie  granting  of  the  application,  and  for  divers 
other  reasons  that  the  said  application  is  proper,  it  is  hereby 

Ordered,  adjudged  and  decreed,  that    ,  Esq.,  as  trustee 

of ,  bankrupt,  be,  and  he  iiereby  is  authorized,  directed 

and  permitted  to  sell  and  dispose  at  public  auction,  and  in  the  manner  and 
mode  as  prescribed  by  the  Acts  of  Congress  relating  to  bankruptcy  and  the 
General  Orders  of  the  Supreme  Court  of  the  T'nited  States,  all  of  the  property 

of  the    ,  bankrupt,  situated  at    more 

particularly  mentioned  and  described  in  a  certain  indenture  of  mortgage  here- 
tofore made  by    ,  to    ,   for  the 

sum  of  $ dated  the   day  of   ,  10.  . .,  and 

recorded  on  the  ....   day  of   ,  19.  .,  at   o'clock,   .  .   M., 

in  Liber of  mortgages,  at  page  .  . .  .,  in  the  office  of  the  Clerk  of  the 

County  of ,  State  of 

And  it  is  further  ordered,  adjudged  and  decreed,  that  the  said , 

as  said  trustee,  be,  and  he  hereby  is  authorized,  directed  and  permitted  to  sell 
and  dispose  of  the  said  property  in  said  mortgage  more  particularly  men- 
tioned and  described,  free  of  and  from  the  lien  of  the  said  mortgage  herein- 
before described,  and  that  the  proceeds  arising  of  and  from  the  sale  of  the 
said  property  be  held  by  the  said  trustee,  subject  to  the  lien  of  the  said  mort- 
gage, to  all  intents  and  purposes  as  though  the  said  property  had  not  been 
sold:  subject  to  the  final  order,  judgment  and  decree  of  this  court  or  the  final 
order,  judgment  and  decree  of  a  court  of  competent  jurisdiction,  as  to  the 
validity,  bona  fides  and  extent  of  the  said  mortgage. 

Dated,  Citv  of , ,  19.  .. 


Referee  in  Bankruptcy. 
NOTES. 

Sale  free   and  clear  of  liens. 

No  specific  provision  in  the  Act  therefor,  but  practce  under  generai  equity  powers 
almost  uniformly  upheld. 

As  to  jurisdiction,  see 

In  re  U.  S.  Oraphite  Co.,  20  Am.  B.  R.  573:  161  Fed.  583. 

In  re  Pittelkow.  1  Am.  B.  R.  472;  92  Fed.  901. 

In  re  Worland.  1  Am.  B.  R.  450;  92  Fed.  893. 

In  re  Keet.  11  Am.  B   R.  117:  128  Fed.  651. 

In  re  Wilka,  12  Am.  B.  R.  727;  131  Fed.  1004. 

In  re  Littlefield  (C.  C.  A.  1st  Cir.),  19  Am.  B.  R.  18  ;  155  Fed.  838;  84  C  C.  A.  42. 

In  re  Granite  City  Bank  of  Dell  Ripids  (C.  C.  A.  8th  Cir.).  14  Am.  B.  R.  404;  137 
Fed.  818:  70  C.  C.  A.  310;  aff.i  S.  C.  12  Am.  B.  R.  727. 

In  re  New  England  Piano  Co.  (C.  C.  A.  1st  Cir.),  9  Am.  B.  R.  767;  122  Fed.  937:  59 
C.  C.  A.  4^1. 


392  FORMS  IX  BA2s^KRUPTCY. 

Southern  Loan  and  Trust  Co.  v.  Benbow,  3  Am.  B.  R.  9;  96  Fed.  514. 

In  re  Barber,  3  Am.  B.  R.  306;  97  Fed.  547. 

Putnam  v.  Loveland,  19  Am.  B.  R.  18;  155  Fed.  838. 

In  re  M.  E.  Tucker,  Pet.,  18  Am.  B.  R,  378. 

In  re  Gerry,  7  Am.  B.  R.  459;  112  Fed.  957. 

In  re  McMahon  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  530;  147  Fed.  684;  77  C.  C.  A.  668. 
Sturgiss  V.  Corbin,  15  Am.  B.  R.  543;  141  Fed.  1;  72  C.  C.  A.  179. 

In  re  The  American  Architects  Tube  Co.  (In  re  E.  A.  Kinsey  Co.)  (C.  C  A.  6th 
Cir.t,  25  Am.  B.  R.  651;  184  Fed.  694;  106  C  C.  A.  648. 

In  re  Throckmorton  (C.  C.  A.  6th  Cir.),  28  Am.  B.  R.  487;  196  Fed.  656;  116 
C.  C.  A.  348. 

Such  sale  may  be  ordered,  even  though  property  or  lienor  is  without  tlie  territorial 
jurisdiction  of  the  court. 

In  re  Wilka  (supra). 

In  re  Granite  City  Bank  of  Dell  Rapids  (supra);  cr  incumbrances  equal  value  of 
property. 

In  re  Keet   (supra). 

In  re  New  England  Piano  Co.  (supra). 

Discretionary  with  Bankruptcy  Court  and  not  subject  to  collateral  attack. 

Equitable  Trust  Co.  v.  Vanderbilt  Realty  Improvement  Co.  (N.  Y.  App.  Div. ),  31 
Am.  B.  R.  834;   155  App.  Div.  (X.  Y.)   723;   140  X.  Y.  Supp.  1008. 

Should  be  ordered  only  when  it  appears  that  such  sale  will  be  advantageous  to 
bankruptcy  estate  and  not  injurious  to  lienors. 

In  re  Shaeller,  5  Am.  B.  R.  248;   105  Fed.  352. 

In  re  Goldsmith,  9  Am.  B.  R.  419;   118  Fed.  763. 

In  re  Gerdes,  4  Am.  B.  R.  346:  102  Fed.  318. 

In  re  U.  S.  Graphite  Co.  (supra). 

See,  In  re  Alden,  16  Am.  B.  R.  362. 

In  re  Styer,  3  Am.  B.  R.  424;  98  Fed.  290. 

In  re  Foster  (D.  C.  Vt.),  25  Am.  B.  R.  96;  181  Fed.  703. 

In  re  Roger  Brown  and  Co.  (C.  C.  A.  8th  Cir.),  28  Am.  B.  R.  336;  196  Fed.  758;  116 
C.  C.  A.  386. 

In  re  Fayetteville  Wagon  etc.  Co.,  28  Am.  B.  R.  307;  197  Fed.  180. 

In  re  Fite  (W.  D.  Pa.),  31  Am.  B.  R.  308. 

In  re  Freedman  (D.  C.  Pa.),  31  Am.  B.  R.  53. 

May  be  ordered  when  property  is  covered  by  invalid  mortgage. 

In  re  Manistee  Watch  Co.,  28  Am.  B.  R.  316;   197  Fed.  455. 

Provision  should  be  made  for  protection  of  rights  of  lienors. 

Carroll  and  Bro.  Co.  v.  Young,  9  Am.  B.  R.  643;  119  Fed.  576.  In  re  Saxton 
Furnace  Co..  14  Am.  B.  R.  483;   136  Fed.  097. 

In  re  Goldsmith,  9  Am.  B.  R.  419.  424;  118  Fed.  763. 

In  re  Shoe  and  Leather  Reporter  (C.  C.  A.  1st  Cir.),  12  Am.  B.  R.  248;  129  Fe.l. 
588;  64  C.  C.  A.  156.  In  re  Prince  and  Walter,  12  Am.  B.  R.  675:  131  Fed.  546.  Mills 
V.  Virginia-Carolina  Lumber  Co.  (C.  C.  A.  4th  Cir.),  20  Am.  B.  R.  750;  164  Fed.  168: 
90  C.  C.  A.  154;  modif'g  In  re  Franklin,  18  Am.  B.  R.  218;  151  Fed.  642. 

May  be  ordered  by  referee. 

In  re  Waterloo  Organ  Co.,  9  Am.  B.  R.  427;  118  Fed.  904. 

In  re  Wilka  (supra). 

In  re  Miner's  Brewing  Co.  (D.  C.  Pa.).  20  Am.  B.  R.  717;  162  Fed.  327. 

In  re  Sanborn,  3  Am.  B.  R.  54;  96  Fed.  507. 

Notice. 


FOKMS  IX  BANKRUPTCY.  393 

In  re  Progressive  Wall  Paper  Corporation  (D.  C.  N.  Y.),  35  Am.  B.  R.  508;  222 
Fed.  87. 

Referee  may  also  determine  validity,  extent,  and  relative  priority  of  the  claims. 

In  re  Miner's  Brewing  Co.  (supra). 

Court  having  custody  of  the  property  sold  may  determine  priorities  of  conflicting 
claims.  Chauncey  v.  Dyke  Bros.  (C.  C.  A.  8th  Cir.),  9  Am.  B.  R.  444;  119  Fed.  1;  55 
C.  C.  A.  579. 

In  re  Martin   (C.  C.  A.  3d  Cir.),  32  Am.  B.  R.  29;  210  Fed.  620;   127  C.  C.  A.  256. 

Bankruptcy  Court  need  not  determine  either  validity  or  amount  of  lien. 

In  re  Littletield   (C.  C.  A.  1st  Cir.)    (supra). 

In  re  Vogt  (D.  C.  N.  Y.),  20  Am.  B.  R.  457;  163  Fed.  551. 

Mortgagees  entitled  to  interest. 

Coder  v.  Arts  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  513;  152  Fed.  943;  82  C.  C.  A.  91; 
modf'g  16  Am.  B.  R.  583;  145  Fed.  202;  aff'd,  22  Am.  B.  R.  1;  213  U.  S.  223;  53  L.  Ed. 
772. 

Even  though  mortgagee  does  not  j)rove  claim  in  bankruptcy  proceedings. 

In  re  Stevens,  23  Am.  B.  R.  239;  173  Fed.  842. 

Should  be  on  notice  to  all  lienors. 

Personal  service,  rather  than  by  mail. 

In  re  Platteville  etc.  Co.,  17  Am.  B.  R.  291;  147  Fed.  828. 

In  re  Saxton  Furnace  Co.  (supra). 

In  re  New  England  Piano  Co.   (supra). 

In  re  Kohl-Hepp  Brick  Co.  (C.  C.  A.  2d  Cir.),  23  Am.  B.  R.  822;  176  Fed.  340; 
100  C.  C.  A.  260. 

Notice  to  the  trustee  in  a  mortgage  sufficient  to  give  jurisdiction  over  Iioldcrs 
of  bonds  secured. 

Etjuitable  Trust  Co.  v.  Vanderbilt  Realty  Improvement  Co.,  31  Am.  B.  R.  834;  155 
App.  Div.  (N.  Y.)   723;   140  N.  Y.  Supp.  1008. 

Stockholders  not  entitled  to  notice. 

In  re  Witherbee,  30  Am.  B.  R.  314;  202  Fed.  896. 

As  to  what  constitutes  an  affirmance  of  the  sale  by  lienor. 

In  re  Platteville  Foundry  and  Machine  Co.    (supra). 

In  re  Torchia  (C.  C.  A.  3d  Cir.),  26  Am.  B.  R.  579;  188  Fed.  207;  110  C.  C.  A.  248; 
diat'g  In  re  Vulcan  Foundry  and  Machine  Co.  (C.  C.  A.  3d  Cir.),  24  Am.  B.  R.  825; 
180  Fed.  671 ;  103  C.  C.  A.  637. 

Liability  of  lienors  for  costs  and  expenses. 

In  re  New  York  and  Philadelphia  Package  Co.  (D.  C.  N.  J.),  35  Am.  B.  R.  04;  225 
Fed.  219. 

In  re  Elmore  Cotton  Mills,  33  Am.  B.  R.  426;  217  Fed.  810. 

As  to  costs  and  expenses  of  such  sale,  see.  In  re  Williams  Estate  (C.  C.  A.  9th  Cir.), 
19  Am.  B.  R.  389;   156  Fed.  934;  84  C.  C.  A.  434. 

In  re  Chambersburg  Silk  Mfg.  Co.  (D.  C.  Pa.),  26  Am.  B.  R.  107;  190  Fed.  411. 

In  re  Clark  Coal  and  Coke  Co.,  23  Am.  B.  R.  273;  173  Fed.  658. 

See,  In  re  Foster  (D.  C.  Vt.),  25  Am.  B.  R    96;   181  Fed.  703. 

Pa.\Tnent  of  referee's,  trustee's  and  attorney's  fees. 

In  re  Tordiia  (D.  C.  Pa.),  26  Am.  B.  R.  189;  185  Fed.  576;  rev'd  in  part,  s.  c. 
(supra). 

See,  on  Louisiana  rule. 

In  re  Stewart,  27  Am.  B.  R.  529;   193  Fed.  791. 

Dower  rights  in  sale  free  from  liens. 

Savage  V.  Savage  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  590;  141  Fed.  346;  72  C. 
C.  A.  4!)  I. 


394  FORMS  IX  BAXKKUPTCY. 

In  re  McKenzie   (C.  C.  A.  8tli  Cir.),  15  Am.  B.  R.  679;   142  Fed.  3S3;   73  C.  C.  A. 
483;  aff'g,  13  Am.  B.  R.  227;  132  Fed.  114. 

In  re  Shaeffer,  5  Am.  B.  R.  248;  105  Fed.  352. 

In  re  Forbes,  7  Am.  B.  R.  42. 

In  re  Acritelli  (D.  C.  X.  Y.),  21  Am.  B.  R.  537;  173  Fed.  121. 

Pennsylvania  Law  —  not  allowed. 
In  re  Friedman,  29  Am.  B.  R.  135. 
In  re  Chotiner,  32  Am.  B.  R.  760;  216  Fed.  916. 
In  re  Codori,  30  Am.  B.  R.  453:  207  Fed.  784. 
In  re  Friedman,  31  Am.  B.  R.  53. 
Effect  on  ta.xes. 

In  re  Keller,  6  Am.  B.  R.  351:  109  Fed.  131. 

In  re  Clark  Coal  and  Coke  Co.   (D.  C.  Pa.),  22  Am.  B.  R.  843:  rev'd  in  part,  3.  c. 
23  Am.  B.  R.  273;  173  Fed.  658. 

Ri<i;ht  of  judgment  creditor  whose  lien  is  unaffected. 

In  re  Vastbinder.  13  Am.  B.  R.  148;  132  Fed.  718. 

Priorities  in  proceeds. 

In  re  Yoke  Vitrified  Brick  Co.  (D.  C.  Kan.),  25  Am.  B.  R.  18;  180  Fed.  235. 

In  re  Miners  Brewing  Co.,  20  Am.  B.  R.  717;  162  Fed.  327. 

In  rs  Sanderlin,  6  Am.  B.  R.  384;   109  Fed.  8.57. 


FORM  No.  251. 

PETITION   TO    CONFIRM    SALE. 


United  States  District  Court, 

for  the District  of 

In   Bankruptcy. 


Ix  THE  Matter 

OF 


lUinkrupf. 


Xo, 


To  the  Hon ,  District  Judge. 

The  petition  of respectfully  shows : 

That  your  petitioner  is  the  receiver  herein,  duly  qualified  and  acting. 

That  on 19 . . ,  hy  order  of  this  court,  the  property  and 

effects  of  the  said  l)ankrupt  at St.,  City  of 

,  consisting  of ,  were  offered  for  sale  at 

puhlic  auction. 

That  the  same  was  offered  in  bulk  at  the  beginning  of  such  sale  and  a  bid 
of  $ was  made  for  the  same,  and  that  the  goods  were  then  offered 


FOKMS  IX  BANKRUPTCY. 


39  0 


for  sale  in  separate  lots  according  to  catalogue,  and  realized  the  sum  of 
$ or  more  than  the  bid  in  bulk. 

That  the  said  sum  of  $ realized,  is  below  To%  of  the  appraised 

value  of  the  property,  which  is  $ and  in  order  to  deliver  said  prop- 
erty to  the  purchasers,  it  is  necessary  for  your  petitioner  to  procure  an  order 
confirming  said  sale. 

Your  petitioner  is  of  the  opinion  and  verily  l)elieves  that  a  larger  sum 
than  as  above  stated  cannot  be  obtained,  as  the  sale  was  largely  attended  and 
fairly  conducted,  and  advises  that  the  said  goods  be  delivered  to  the  respective 
bidders,  for  the  reason  that  said  merchandise  will  rapidly  deteriorate  in  value, 
and  the  ex])ense  attendant  upon  storing  the  goods  for  a  longer  time,  or  of  a 
resale,  would  be  considerable,  and  unlikely  to  produce  better  results,  and 
petitioner  verily  believes  that  the  sale  should  ])e  confirmed. 

Wherefore,  your  petitioner  respectfully  prays  that  an  order  be  made  con- 
firming the  said  sale,  and  authorizing  him  to  deliver  the  said  merchandise 
as  sold  in  lots  to  the  respective  highest  bidders  therefor  and  for  such  other  and 
further  relief  as  to  the  court  may  seem  just  and  proper. 


Petitioner. 


[Verification.] 


FORM  No.  252. 

ORDER  CONFIRMING  SALE. 

At  a  Stated  Term  of  the  United  States 

District  Court,  held  in  and  for  the 

District  of ,  at  the  Court  House 

in  the  City  of on  the 

day  of ,19.. 


Present  : 
Hon. 


District  Judge. 


In  the  ]\Iatter 

OF 


BanWupt. 


No. 


On  reading  and  filing  the  petition  of  ,  receiver  herein, 

verified   ,  19 .  .,  praying  for  confirmation  of  a  sale  held 


396  FORMS  IX  BANKRUPTCY. 

pursuant  to  order  of  this  Court  on  the day  of j  1^-  •?  and 

it  appearing  tliat  the  application  made  therein  is  reasonahle  and  proper, 

Now,  on  motion  of ,  attorney  for  said  petitioner,  it  is 

Ordered,  that  the  sale  at  auction  conducted  l)y  the  receiver  herein  oii  the 

day  of   ,  19.  .,  l)e  and  the  same  herehy  is  in  all 

respects  confirmed  and  ratified,  and  the  said  receiver  is  herehy  authorized  to 
deliver  the  property  to  the  respective  highest  bidders  therefor  in  accordance 
with  the  terms  of  said  sale. 


D.  J. 

NOTES. 

Petition  and  order  to  confirm  sale.    70-b. 

Usually  obtained  ex  jiarte. 

Confirmation  within  the  discretion  of  court  and  ordinarily  not  refused  when  sale 
has  been  properly  conducted. 

In  re  Mitchell,  15  Am.  B.  R.  735. 

In  re  Kettercr  Mfg.  Co.  (D.  C.  Pa.),  19  Am.  B.  R.  638;   156  Fed.  719. 

In  re  Throckmorton  (C.  C.  A.  6th  Clr.),  17  Am.  B.  R.  856;  149  Fed.  145;  79  C. 
C.  A.  15. 

In  re  Kronrot,  25  Am.  B.  R.  738;   183  Fed.  653. 

Creditors  not  entitled  to  notice  of  confirmation  has  been  held  in  New  York. 

In  re  Nevada-Utah  Corporation  (D.  C.  N.  Y.),  28  Am.  B.  R.  409;   198  Fed.  497. 

Sale  not  invalid  because  bankrupt  is  purchaser. 

In  re  National  Mining  Exploration  Co.  (D.  C.  Mass.),  27  Am.  B.  R.  92;  193  Fed.  232. 

Referee  after  adjudication  has  power  to  confirm. 

In  re  Matthews,  6  Am.  B.  R.  96;  109  Fed.  603. 

In  re  Fisher  and  Co.,  14  Am.  B.  R.  366;  135  Fed.  223. 

In  re  Styer,  3  Am.  B.  R.  424;  98  Fed.  290. 

Effect  of  confirmation. 

In  re  Burr  Mfg.  and  Supply  Co.  (C.  C.  A.  2d  Cir.),  32  Am.  B.  R.  708;  217  Fed.  16; 
133  C.  C.  A.  126;  rev'g,  s.  c.  32  Am.  B.  R.  686;  209  Fed.  138. 

What  does  not  constitute  a  sale. 

Bankruptcy  Court  has  no  power  to  compcd  a  creditor  to  coiisent  to  have  all  the 
bankrupt  estate  transferred  to  a  corporation  and  accept  in  settlement  of  his  claim, 
obligations  of  the  new  corporation  payable  at  a  future  date. 

In  re  J.  B.  and  J.  M.  Cornell  Co.  (D.  C.  N.  Y.),  26  Am.  B.  R.  252;  186  Fed.  859. 
Compare  on  power  of  court  to  enforce  a  plan  of  reorganization  without  assent  of  all 
creditors. 

In  re  Northampton  Portland  Cement  Co.,  25  Am.  B.  R.  565;   185  Fed.  542. 

Retting  aside  a  sale  is  e(|uivalent  to  a  refusal  to  confirm. 

In  re  Shea  (C.  C.  A.  1st  Cir.),  11  Am.  B.  H.  207;  126  Fed.  153;  61  C.  C.  A.  219; 
aff'g,  s.c.  10  Am.  B.  R.  481;  122  Fed.  742. 


FORMS  IN  BANKRUPTCY. 


397 


FORM  No.  253. 

NOTICE    OF   TAXATION   OF   AUCTIONEER'S    CHARGES. 

United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  thk  Matter 

OP 


HanJcrvpt. 


>    No. 


Please  take  notice  that  tlu'  trustee  lierein,  having  filed  objections  to  the  fees 
and  charges  of  the  auctioneer  on  tlie  sale  of  the  property  of  the  above  named 

bankrupt,  there  will  be  a  hearing  on  same  before   ,  Esq., 

referee,  at  his  office  at    ,    ,  on 

the day  of ,  19 .  .,  at o'clock  in 

the noon,  or  as  soon  thereafter  as  counsel  can  be  heard,  at  which  hearing 

the  fees  and  charges  of  the  auctioneer  will  be  taxed  by  the  said  referee,  and 
such  other  business  will  be  transacted  thereat  as  may  be  proper. 

Dated 19.  .. 


To 


Attorney  for ,  Trustee. 


Esq., 

(United  States)  Auctioneer, 


398 


FORMS  IX  BAXKHUPTCY. 


FORM  No.  254. 

ORDER  FOR  RESALE  OX  DEFAULT  OF  PURCHASER. 

United  States  Di?trict  Court, 

District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


y    No. 


JBankriipt. 


J 


the  trustee  of  the  estate  of  the  above  named 

bankrupt,  having  tiled  in  the  office  of  the  referee  a  petition  duly  verified  the 

day  of ,  19-  "5  alleging,  among  other  things,  that 

at  a  sale  at  public  auction  held  in  the of , 

on  the  day  of  ,  19 .  .,  certain  property  be- 
longing to  the  bankrupt  estate  herein  at   ,   ,  and 

consisting  of ,  was  duly  sold  to 

for  $ ;  that  the  said   at  time  of  purchase 

paid  to  the  auctioneer  on  said  sale per  cent,  of  his  said  bid.  amount- 
ing to  $ and  agreed  to  pay  the  balance,  $ ,  on  or  before 

,   19 .  . ,   and   that  the   said    

has  failed  to  carry  out  his  said  agreement  and  pay  the  balance  of  said  pur- 
chase price,  although  the  said  payment  has  been  demanded  of  him  and  that 
his  time  to  complete  his  said  purchase  has  long  since  expired,  and  praying 

that  the  property  be  resold  for  the  account  of  said  

and  that  said   be  charged  with  any  deficit  that  might 

result  from  such  resale  and  any  expenses  incurred  by  the  trustee  in  main- 
taining and  protecting  the  said  property  from  the  date  of  said  sale  to  the  date 
of  such  resale,  and  on  reading  and   filing  proof  of  due   service  upon   said 

,  of  a  notice  of  hearing  on  the  said  petition,  and  after 

hearing of  counsel  for  the  trustee,  in  support  of  said 

petition  and  no  one  appearing  in  opposition  thereto,  (or  after  hearing 

in  opposition  thereto) 


FORMS  IN  BANKRUPTCY.  399 

Now,  on  motion  of   ,  attorney  for  the  said  trustee, 

it  is 

Ordered,  that  the  property  heretofore  sold  on   ,  19.  ., 

to  said ,  consisting  of  [Here  describe  property  fully] 

be  and  the  same  hereby  is  directed  to  be  resold  for  the  account  of  the  said 
in  the  manner  and  form  as  heretofore  ordered. 

It  is  further  ordered,  that  due  notice  of  said  resale  be  given  to  the  creditors 
herein  and  to  the  said ,  and 

It  is  further  ordered,  that  said be  and  he  is  hereby 

charged  with  any  deficit  that  may  result  to  the  trustee  on  such  resale  and  any 
expense  incurred  by  the  trustee  in  maintaining  and  protecting  the  said  prop- 
erty from   ,  19.  .,  the  date  of  the  said  sale,  to  the  date  of 

such  resale,  and  for  such  resale. 

Dated  ,  19... 


Referee  in  Banlriiplci/. 
NOTES. 
Resale. 

Snyder  v.  Bougher,  16  Am.  B.  R.  793;  214  Pa.  St.  453;  63  Atl.  893. 
Expenses  of  resale. —  In  re  Fisher  and  Co.,  17  Am.  B.  R.  404;   148  Fed.  907;  aff'd. 
In  re  Wylie  et  al.,  18  Am.  B.  R.  503;  153  Fed.  281;  82  C.  C.  A.  411. 


FORM  No.  255. 

PETITION   TO   VACATE    SAXE. 


District  Court  of  the  United  States, 

District  of    .  . . 

In   Banlcruptcy. 


In  the  Matter 

OF 


Banl-rupt. 


No, 


To  the  District  Court  of  the  Ignited  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges . 

].      That  he  is  a  creditor  herein  having  a  provable  claim  to  the  amount  of 


400  FOKMS  IN  BANKKUPTCY. 

2.  That  on  the    day  of    ,   19 .  . ,  at  Xo 

Street,  in  the  City  of ,  the  trustee  herein  offered  for  sale  the 

property  of  this  estate  consisting  of in  the  following 

manner : 

[Here  allege  particulars  of  sale.] 

3.  Your  petitioner  further  alleges  that  said  sale  was  utterly  irregular, 

fraudulent  aiid  void  as  conducted  hy   for  the  following 

reasons :     


4.  That  as  a  result  of  the  fraudulent  acts  and  irregular  procedure  as  above 
set  forth  the  property  was  sold  at  a  grossly  inade(]uate  price. 

5.  That  the  purchaser  above  named  is  about  to  remove  said  property  from 
the  premises  and  if  permitted  so  to  do  it  will  be  to  the  great  loss  and  detri- 
ment of  this  estate  and  be  an  injustice  to  the  creditors  thereof. 

6.  That  petitioner  annexes  hereto  and  makes  a  part  of  this  application  an 

affidav'it  of    duly  verified,  as  to  the  matters  of  fact 

herein  set  forth  and  specified. 

7.  That  petitioner's  sources  of  information  and  grounds  of  his  belief  are 
as  follows :  

S.     That  no  previous  application  has  been  made  for  the  order  herein. 

A\'herefore,  your  petitioner  prays  for  an  order  vacating  and  setting  aside 

the  sale  of  the  property  belonging  to  this  estate  held  on  the   day  of 

,  19.  .,  and  directing  that  same  be  resold  in  the  manner 

and  at  the  time  as  may  be  prescribed  by  this  Court  and  that  an  order  to  show 

cause  issue  herein  directed  to and ; 

that  all  proceedings  on  the  part  of  said  persons  relative  to  said  sale  be  stayed 
pending  the  hearing  and  determination  of  said  order  to  show  cause  and  for 
such  other  and  further  relief  as  to  this  Court  shall  seem  just  and  proper. 


Petitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY. 


•iOl 


FORM  No.  256. 

ORDER  TO  SHOAV  CAUSE  ^VHY  SAI<E  SHOULD  NOT  BE  VACATED. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ik  the  Matter 

OF 


Bankrupt. 


No. 


Upon  the  annexed  petition  of ,  verified ,  19 .  . , 

the  annexed  affidavit  of   ,  sworn  to   ,  19 .  . ,  the 

testimony   of    and    ,   heretofore   taken 

before ,  Esq.,  as  special  commissioner  pursuant  to  order  of 

Hon ,  District  Judge,   dated    ,   19.  .,   on 

file  in  the  office  of  the  clerk  of  this  court,  together  with  the  minutes  and 
exhibits  thereto  annexed. 

I  do  hereby  order  and  require, and ,  and 

each  of  them,  to  show  cause  before  this  court  at  a  stated  term  thereof,  to  be 

held  at  the  United  States  Court,  in  the  City  of ,  on , 

19.  .'  at   ....   o'clock  in  the noon  at  the  opening  of  court,  or  as  soon 

thereafter  as  counsel  can  be  heard,  why  the  sale  of  the  property,  assets  and 

effects  of  the  above  named  bankrupt  held  by  the   herein   at 

on  the   day  of   ,  19..,  should  not 

bo  vacated  and  set  aside  and  the  property  restored  to  the  trust  estate,  and  for 
such  other  and  further  relief  as  may  be  just  and  proper. 

And  sufficient  reason  appearing  therefor, 

T  do  hereby  order,  that  this  order  to  show  cause  and  the  annexed  petition 

of ,  and  the  annexed  affidavit  of , 

be  served  on  the  said    and   ,  or  their 

attorneys  herein,  on  or  before  19.  .,  and  that  such  service  be 

sufficient  notice,  and  pending  the  hearing  and  determination  of  this  order  to 


402  rOKMS  IX  BANKRUPTCY. 

show  cause  that  all  proceedings  on  the  j^art  of  the and 

herein  relative  to  said  sale  be  stayed. 

Dated  ,  19.  .. 


D.  J. 

NOTES. 

When  set  aside. 

Gross  inadequacy  of  price  or  fraud. 

In  re  Ethier,  9  Am.  B.  K.  160;  118  Fed.  107. 

In  re  Thompson,  2  Am.  B.  R.  216. 

In  re  Groves,  2  N.  B.  N.  Rep.  30. 

In  re  Burr  Mfg.  and  Supply  Co.  (C.  C.  A.  2d  dr.),  32  Am.  B.  R.  708;  217  Fed.  16; 
133  C.  C.  A.  126;  rev'g,  a.  c.  32  Am.  B.  R.  686. 

Trustee  purchaser  at  own  sale. 

In  re  Hawley,  9  Am.  B.  R.  61;   117  Fed.  364. 

Allgair  v.  W.  F.  Fisher  and  Co.,  16  Am.  B.  R.  278;  143  Fed.  962. 

Purchase  by  an  official  appraiser  not  permitted. 

In  re  Frazin  and  Oppenheim  (C.  C.  A.  2d  Cir.),  24  Am.  B.  R.  598;  181  Fed.  307; 
104  C.  C.  A.  529. 

When  not  set  aside. 

In  re  Shapiro,  19  Am.  B.  R.  125;   154  Fed.  673. 

In  re  Belden,  9  Am.  B.  R.  679;  120  Fed.  524. 

In  re  Throckmorton  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  856;  149  Fed.  145;  79  C.  C.  A. 
15;  Sturgiss  v.  Corbin  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  543;  141  Fed.  1;  72  C.  C.  A. 
179.  Owens  v.  Bruce  (C.  C.  A.  4th  Cir.),  6  Am.  B.  R.  322;  lOO  Fed.  72;  48  C.  C  A. 
239. 

Schuler  v.  Hassinger  (C.  C.  A.  5th  Cir.),  24  Am.  B.  R.  184;  177  Fed.  119;  100  C.  C. 
A.  539. 

In  re  Kronrot  (D.  C.  N.  Y.),  25  Am.  B.  R.  738;  183  Fed.  653. 

In  re  Charles  Knosher  and  Co.  (C.  C.  A.  9th  Cir.),  28  Am.  B.  R.  747;  197  Fed.  136; 
116  C.  C.  A.  560. 

Mere  inadequacy  of  price  not  sufficient. 

In  re  Metallic  Specialty  Mfg.  Co.  (D.  C.  Pa.),  27  Am.  B.  R.  408;  193  Fed.  300. 

Ballentyne  v.  Smith,  205  U.  S.  285;  27  Sup.  Ct.  527;  51  L.  Ed.  803. 

In  re  National  Mining  Exploration  Co.,  27  Am.  B.  R.  92;  193  Fed.  232. 

In  re  :\Iilne  Mfg.  Co.   (D.  C.  N.  Y.),  21  Am.  B.  R.  468. 

Not  set  aside  on  review  unless  there  has  been  an  abuse  of  power  in  court  below. 

In  re  Shea  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  207;  126  Fed.  153;  61  C.  C.  A.  219; 
aff'g,  8.  c.  10  Am.  B.  R.  481;   122  Fed.  742. 

Schuler  v.  Hassinger  (supra). 


FORMS  IN  BANKRUPTCY. 


403 


FORM  No.  257. 

ORDER  VACATING  SAXE. 


At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of held  at  the  Court 

House,  City  of ,  on  the 

day  of ,19.. 


Present  : 
Hon, 


District  Judge. 


Ix  THE  ^Iattek 

OF 


Btvikrupl. 


No. 


,  a  creditor  of  the  above  named  bankrupt  having  filed 

a  petition  herein,  verified  the day  of ,  19 .  .,  praying 

that  the  sale  of  the  property  of  this  estate  held  by on 

the day  of   ,  19.  .,  be  vacated  and  set  aside  for 

,  as  set  forth  in  said  petition,  and  for  an  order  for  the  resale 

of  same  and  an  order  to  show  cause  having  been  issued  thereon  and  the  same 
having  duly  come  on  to  be  heard,  now  upon  reading  and  filing  the  petition  of 

,  verified  the day  of ,  19 .  . ,  the  affidavit 

of   duly  verified  and  the  answering  affidavit  of 

duly  verified  and  upon  all  the  proceedings  heretofore  had  herein  and  after 

hearing Esq..  in  support  of  the  motion  and 

Esq..  in  opposition  thereto  and  due  deliberation  having 

been  had.  it  is  on  motion  of attorney  for  petitioner. 

Ordered,  that  the  sale  of  the  property  licrcin  held  on  the   day  of 

19 .  . ,  1)0  vacated  and  set  aside  and  that 

the  allcired  purchaser  of  same  return  said  ])r()])erty  forthwith  to  this  estate  and 
it  is  further 

Ordered,  that  same  1)e  resold  by  the  trustee  as  speedily  as  may  be  pursuant 
to  the  rules  of  this  Court. 

V.  J. 


PART  VIII. 

INJUNCTIONS  AND  RESTRAINING  ORDERS. 

Form  No.  25H.  Petition  for  an  Injunction  other  tlian  against  Suita. 

259.  Order  to  show  Cause  for  an   Injunction. 

260.  Injunction  Order. 

261.  Order  stayini.'  Suit. 

262.  Affidavit  by  Bankrupt  to  stay  Supplementary  Proceedings. 

263.  Affidavit    to    stay    Sale    by    Trustee    of   mortgaged   Property    and    to 

modify  Injunction. 

264.  Petition  to  modify  Injunction. 

265.  Order  vacating  Stay. 

FORM  No.  258. 

PETITION   FOR   AN   INJUNCTION   OTHER  THAN  AGAINST   SUITS. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlrriipf. 


Xo. 


To  the  District  Court  of  the  United  States  for  the 

Di.strict  of : 

The  petition  of respectfully  shows  and  alle<jes: 

1.  That  he  is  the herein  duly  qualified  and  actiuij. 

2.  That  tlic  above  named  bankrupt  wa.s  duly  adjudged  herein  on  the 

day  of ,  10.  .,  and,  thereafter,  the  following  proceedings 

were  had :    

3.  That of by  virtue  of  an  alleged 

has  taken  possession  of  the  following  property  belong- 
ing to  this  estate : 


f4(Hl 


FOKMS  IX  BANKRUPTCY.  405 

That  the  claim  to  the  possession  of  sai(i  property  is  merely  coloraljle,  and  is 
fraudulent  and  void  for  the  following  reasons : 

That  the  said is  removing  and  endeavoring  to  dispose  of 

said  property  and  convert  same  into  cash. 

4,  That,  unless  the  injunction  hereinafter  asked  is  granted,  your  petitioner 
and  the  creditors  of  said  bankrupt  will  suffer  irreparable  injury  and  loss. 

5.  That  no  previous  application  has  been  made  for  the  order  hereinafter 
asked. 

Wherefore,  your  petitioner  prays  for  a  writ  of  injunction  herein,  enjoining 

and  restraining  the  said   ,  his  attorneys,  ajieuts  and  servants, 

from  disposing  of  said  property  or  in  any  way  removing  or  interfering  with 
same,  iintil  further  order  of  this  court  in  the  premises,  and  for  such  other 
relief  as  shall  be  just  and  lawful. 

Dated   ,  19.  . . 


Petitioner. 
[Verification.] 


FORM  No.  259. 

ORDER  TO   SHOAV  CAUSE  FOR   AN  INJUNCTION  BY  TRUSTEE. 

United  States  District  Court, 

for  the  District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


On  reading  tlie  petition  of the  trustee  herein, 

verified ,  19.  .,  and  upon  all  the  proceedings  had  herein  and  on 

motion  of ,  attorney  for  the  said  trustee,  it  is 

Ordered,  thnt show  cause  at  a  Stated  Term  of  this  court 

appointed  to  l)e  bold  at  the  T^in'ted  States  Court  House  in  the  City  of 

,  on   the   day  of ,  19.  ., 

at  .  .  .  .'  o'clock  in  the  .  .  .  .noon  of  that  day.  or  as  soon  thereafter  as  counsel 
can  be  heard,  why  he  should  not  be  stayed,  enjoined  and  restrained  from 


406 


FOEMS  IX  BAXKKUPTCY, 


removing,  disturbing  or  disposing  of  the  following  property:  (Here  enumerate 
acts)    

and  from  interfering  with  or  disturbing ,  the  trustee  herein, 

in  any  other  way  in  his  possession  of  the  assets  of  the  said  bankrupt :  and  it 
is  further 

Ordered,  that  until  the  determination  of  this  order  to  show  cause  the  said 

,  his  attorneys,  agents  and  employees  are  stayed, 

enjoined  and  restrained  from  removing,  disturbing  or  disposing  of 

or  otherwise  interfering  with  or  disturbing  the  said  trustee  in  his  possession 
of  the  assets  herein  ;  and  it  is  further 

Ordered,  that  service  on  or  before ,  19 .  . . ,  of  a  certified 

copy  of  this  order,  together  with  co])y  of  the  petition,  on  the  said 

,  shall  be  sufficient. 

Dated  ,  19.  .. 


D.  J. 


FORM  No.  260. 

INJUNCTION  ORDER. 

At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the  Court 

House,  City  of ,  on  the 

day  of ,  19. . 


Present  : 
Hon. 


District  Judge. 


In  the  ]\Iatteh 

OF 


*-   Xo, 


r>ari!rrii  III . 


,  having  made  an  application  to  this  court  by  duly 

verified  petition,. praying  that ,  of ,  be 

enjoined  and  restrained  from 


FORMS  IX  BANKRUPTCY.  407 

and  an  order  to  show  cause  havin<i;  been  issued  thereon  directed  to  the  said 

,  and  returnable  on  the day  of , 

19.  .  .,  and  the  said  order  to  show  cause  having  come  on  to  be  heard, 

Now,  upon  reading  and  filing  the  petition  of ,  verified 

the day  of ,  Id .  . .,  and  the  allidavit  of   , 

verified  the   day  of ,  V.) .  .  .,  and  all  the  proceedings 

herein,  and  after  hearing ,  attorney  for , 

in  support  of  said  application  and ,  attorney  for 

,  in  opposition  thereto,  and  due  deliberation  having  been  had,  it  is, 

upon  motion  of ,  attorney  for , 

Ordered,  that ,  his  agents,  attorneys  and  servants 

be  and  they  hereby  are  restrained  and  enjoined  from  etc.  [Here  specify  par- 
ticulars]      

until  further  order  of  this  court  in  the  j)remises. 

D.  J. 

NOTES. 

Restraining  orders.    Sees.  2  (15),  11-a. 

General  Order  XII  (3). 

Jurisdiction. —  Injunction  and  stays  often  incorporated  in  order  appointing  a 
receiver  or  in  other  order. 

Application  should  usually  be  made  to  the  judge,  though  referee  has  power  within 
limitations  of  General  Order  XII  (3).    And  when  local  rule  confers  power. 

Process  should  be  confined  to  the  parties  litigant,  not  extended  to  State  court  or 
judges  on  principles  of  comity. 

When  power  will  be  exercised. 

In  re  Hicks,  13  Am.  B.  R.  654;  133  Fed.  739. 

In  re  Home  Discount  Co.,  17  Am.  B.  11.  168;   147  Fed.  538. 

Stay  proceedings  in  State  court  against  insolvent  corporation. 

New  River  Coal  Land  Co.  v.  Ruffner  Bros.  (C.  C.  A.  4th  Cir.),  20  Am.  B.  K.  100; 
16.5  Fed.  881 ;  91  C.  C  A.  559. 

In  re  SwofTord  Bros.  Dry  Goods  Co.  (D.  C.  Mo.),  25  Am.  B.  R.  282;   180  Fed.  549. 

Restrain  assignee  in  State  court  from  disposing  of  or  interfering  with  the  assigned 
property. 

In  re  Gutwillig  (C.  C.  A.  2d  Cir.),  1  Am.  B.  U.  388;  92  Fed.  337;  aff'g,  s.  c.  1  Am. 
B.  R.  78. 

Davis  V.  Bohle  et  al.  (C.  C.  A.  8th  Cir.),  1  Am.  B.  R.  412;  92  Fed.  325. 

Landlord,  who  upon  notice  makes  no  claim  before  referee  for  use  and  occupation 
against  estate,  may  be  restrained  by  Bankruptcy  Court  from  attempting  to  collect  by 
suit. 

In  re  Emi)ire  Constriution  Co.  (D.  C.  X.  Y.),  19  Am.  B.  \l.  704;   157  Fed.  495. 

Jurisdiction  to  enjoin  any  proceeding  intended  to  take  specific  property  out  of 
the  hands  of  the  trustee. 

In  re  Schermerhorn  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  507;  145  Fed.  341 ;  76  C.  C.  A. 
215. 

Protect  bankrupt  from  arrest  while  attending  court  or  engaged  in  performance  of 
a  statutory  duty. 

In  re  Adler  (C.  C.  A.  2d  Cir.),  16  Am.  B.  R.  414;  144  Fed.  659;  75  C.  C.  A.  461. 


408  FORMS  IN  BANKEUPTCY. 

In  re  DreBser  (D.  C.  N.  Y.),  10  Am.  B.  R.  270;  124  Fed.  915. 
Restrain  a  sale  of  bankrupt's  property  in  certain  cases. 

In  re  Jersey  Island  Packing  Co.  (C.  C.  A.  9th  Cir.),  14  Am.  B.  R.  689;  138  Fed.  625; 
71  C.  C.  A.  75. 

In  re  Vastbinder  (D.  C.  Pa.),  13  Am.  B.  R.  148;  132  Fed.  718. 

Foreclosure  suits, 

AMien  power  may  be  exercised. 

In  re  Donnelly  (D.  C.  0.),  26  Am.  B.  R.  304;  188  Fed.  1001;  and  cases  cited  in 
opinion. 

In  re  Dana  (C.  C.  A.  8th  Cir.),  21  Am.  B.  R.  683;   167  Fed.  529;  93  C.  C.  A.  238. 

Pugh  V.  Loisel  (C.  C.  A.  5th  Cir.),  33  Am.  B.  R.  580;  219  Fed.  417;  135  C.  C.  A.  221. 

In  re  Neely,  108  Fed.  31. 

In  re  Morse  (D.  C.  N.  Y.),  32  Am.  B.  R.  207;  210  Fed.  900. 

When  power  may  not  be  e.tercised  in  foreclosure  suits. 

In  re  Rohrer  (C.  C.  A.  6th  Cir.),  24  Am.  B.  R.  52;   177  Fed.  381;   100  C.  C.  A.  613. 

In  re  Wagner  (D.  C.  Pa.),  30  Am.  B.  R.  396;  206  Fed.  364. 

Sale  of  real  estate  under  judgment  of   foreclosure  prior  to  four  months'   period. 

Sample  v.  Beasley  (C.  C  A.  5th  Cir.),  20  Am.  B.  R.  164;  158  Fed.  607;  85  C. 
C.  A.  429. 

In  re  Schmidt  (D.  C.  N.  J.),  35  Am.  B.  R.  1 ;  224  Fed.  814. 

See,  Collier  (10th  Ed.),  p.  66. 

When  stay  will  not  be  granted. 

ilay  not  restrain  a  sale  by  pledgee  under  valid  pledge  and  pursuant  to  its  terms. 

In  re  Mayer,  etc.,  19  Am.  B.  R.  356;  156  Fed.  432. 

Hiscock  V.  Varick  Bank,  18  Am.  B.  R.  1 ;  206  U.  S.  28;  51  L.  Ed.  945. 

Nor  action  to  enforce  mechanic's  lien. 

In  re  Grissler  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  508;  136  Fed.  754;  69  C.  C.  A.  406. 

Sale  by  receiver  in  State  court  under  certain  conditions. 

In  re  Sterlingworth  Ry.  Supply  Co.,  21  Am.  B.  R.  341;  164  Fed.  591. 

Where  a  proceeding  was  commenced  more  than  four  months  before  filing  of  petition, 
and  property  in  controversy  was  under  the  control  and  in  the  possession  of  receiver 
in  State  court,  a  bankruptcy  court  cannot  enjoin  the  proceedings  or  order  tlie  property 
turned  over  to  the  trustee  in  bankruptcy. 

Pickens  v.  Roy,  9  Am.  B.  R.  47;  187  U.  S.  177;  47  L.  Ed.  128;  afl'g  5  Am.  B.  R. 
644;   106  Fed.  663. 

Does  not  apply  to  suit  in  State  court  to  enforce  an  asserted  right  in  rem  under 
State  law. 

Tennessee  Producer  Marble  Co.  v.  Grant,  14  Am.  B.  R.  288;   135  Fed.  332. 

jMoore  v.  Green  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  648;  145  Fed.  480;  76  C.  C.  A.  250. 

In  re  United  Wireless  Telegraph  Co.  (D.  C.  N.  J.),  27  Am.  B.  R.  1 ;  192  Fed.  238; 
8.  c.  (Ex  parte  Hill)  28  Am.  B.  R.  394;  196  Fed.  153. 

Jurisdiction  against  suits.    Sec.  11-a.    General  Order  XII  (3). 
In  re  Kleinhaus,  7  Am.  B.  R.  604;   113  Fed.   107. 
In  re  Gutman,  8  Am.  B.  R.  252;   114  Fed.  1009. 
In  re  Basch,  3  Am.  B.  R.  235;  97  Fed.  761. 
In  re  WoUock,  9  Am.  B.  R.  685;  120  Fed.  516. 
In  re  Mustin,  21  Am.  B.  R.  147;  166  Fed.  506. 
In  re  Globe  Cycle  Works,  2  Am.  B.  R.  447. 

In  re  Eastern  Commission  and  Importing  Co.,  12  Am.  B.  R.  305;  129  Fed.  847. 
In  re  Hilton,  4  Am.  B.  R.  774. 

No  extra-territorial  jurisdiction. 


FOEMS  L\   BANKKUPTCY.  409 

Acme  Harvester  Co.  v.  Bet-kman  Lumber  Co.  (U.  S.  Sup.),  27  Am.  B.  R.  262;  222 
U.  S.  300;  .56  L.  Ed.  208. 

When  order  discretionary  and  not  reviewable  except  for  abuse  of  discretion. 

In  re  Guanacevi  Tunnel  Co.  (C.  C.  A.  2d  Cir.),  29  Am.  B.  R.  229;  201  Fed.  316; 
119  C.  C.  A.  554. 

New  River  Coal  Land  Co.  v.  Rutfner  Bros.  (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  474;  165 
Fed.  881;  91  C.  C.  A.  559. 

Judgment  for  conversion. 

8ta\    -ranted.     Fechtcr  v.  Postel,  17  Am.  B.  R.  316. 

In  re  Hale,  20  Am,  B.  R.  633;  161  Fed.  387. 

In  re  lloyd,  Crawford  and  Co.  (D.  C.  N.  V.),  15  Am.  B.  R.  277. 

See,  In  re  J.  M.  Mertens  and  Co.  (C.  C.  A.  2d  Cir.),  16  Am.  B.  R.  831;  147  Fed.  182; 
77  C.  C.  A.  478. 

Discliarj^eability  of  debt,  basis  of  jurisdiction. 

In  re  Floyd,  Crawford  and  Co.,  15  Am.  B.  R.  277. 

:.Iacktl  V.  Rochester,  14  Am.  B.  R.  429;  135  Fed.  904.  In  re  Cole,  5  Am.  B.  R. 
780;   106  Fed.  SS7.     In  re  Sullivan,  2  Am.  B.  R.  30. 

In  re  Butts,  10  Am.  B.  R.  16;   120  Fed.  966. 

White  V.  Thompson  (C.  C.  A.  5th  Cir.),  9  Am.  B.  R.  653;  119  Fed.  868;  56  C.  C. 
A.  398. 

In  re  Lawrence,  20  Am.  B.  R.  698;  163  Fed.  131.  In  re  New  York  Timnel  Co.  (C. 
C.  A.  2d  Cir.),  20  Am.  B.  R.  25;   159  P^ed.  688;  86  C.  C.  A.  556. 

In  re  Carmelo   (D.  C.  X.  Y.),  28  Am.  B.  R.  353;  195  Fed.  632. 

In  re  Dowie,  29  Am.  B.  R.  338;  202  Fed.  816. 

In  re  Ennis  and  Stoppani  (D.  C.  N.  Y.),  22  Am.  B.  R.  679;  171  Fed.  755. 

In  determining  whether  claim  is  dischargeable  court  may  be  guided  by  the 
pleadings. 

In  re  Adler  (C.  C.  A.  2d  Cir.),  18  Am.  B.  R.  240;  152  Fed.  422;  81  C.  C.  A.  564. 

Gleason  v.  O'Mara  (C.  C.  A.  3d  Cir.),  24  Am.  B.  R.  832;  180  Fed.  417;  103  C.  C. 
A.  563. 

When  dischargeability  is  doubtful. 

In  re  Xuttall  (D.  C.  N.  Y.),  29  Am.  B.  R.  800;  201  Fed.  557. 

Ex  parte  Butler-Kycer  Co.  (Ala.  Sup.  Ct.),  27  Am.  B.  R.  419. 

Wlien  lien  of  execution  is  void  under  Sec.  67-f  upon  a  judgment  imposing  a  fine. 

In  re  GVeen  (D.  C.  Pa.),  24  Am.  B.  R.  665;   179  Fed.  870. 

Stays  in  actions  against  receivers  in  individual  capacity. 

See  notes  on  Forms  "  Receiver  in  Bankruptcy." 

Denied. 

In  re  Roberts  (C.  C  A.  2nd  Cir.),  22  Am.  B.  R.  908;  169  Fed.  1022;  94  C.  C.  A.  668. 

Granted  where  claimant  by  his  conduct  had  submitted  himself  to  the  Bankruptcy 
Court. 

In  re  Trayna  &  Cohn  (C.  C.  A.  2nd  Cir.),  27  Am.  B.  R.  594;  195  Fed.  486;  115  C. 
C.  A.  396. 

"  Suits,"  broad  interpretation. 

In  re  Hicks  (D.  C.  X.  Y.),  13  Am.  B.  R.  654;  133  Fed.  739. 

Duration  of  stay. 

If  made  prior  to  adjudication  runs  until  after  an  adjudication  or  the  dismissal  of 
the  petition. 

If  after  adjudication  the  stay  may  be  continued  until,  "  twelve  months  after  the 
date  of  such  adjudication  or  if  within  that  time  such  person  applies  for  a  discharge, 
then  until  the  question  of  such  discharge  is  determined." 


410  FORMS  IX  BAXKRUPTCY. 

In  re  Rosenthal,  5  Am.  B.  R.  799;  108  Fed.  368. 
In  re  Flanders,  10  Am.  B.  R.  379;   121  Fed.  236. 

In  re  Federal  Biscuit  Co.  (C.  C.  A.  2nd  Cir.),  32  Am.  B.  R.  612;  214  Fed.  221;  130 
C.  C.  A.  635. 

[See  Rule  IX,  So.  Dist.  N.  Y.] 

When  to  be  exercised  and  when  not. 

Southern  Loan  &  Trust  Co.  v.  Benbow,  3  Am.  B.  R.  9;  96  Fed.  514. 

In  re  Globe  Cycle  Works,  2  Am.  B.  R.  447. 

In  re  Mercedes  Import  Co.  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  590;  166  Fed.  427;  92 
C.  C.  A.  179;  rev'g  s.  c.  20  Am.  B.  R.  648. 

Stay  of  action  against  bankrupt  for  legal  services 

Gleason  v.  Thaw  (C.  C.  A.  3rd  Cir.),  185  Fed.  345;  107  C.  C.  A.  463;  aff'g  In  re 
Thaw.  24  Am.  B.  R.  759. 

If  property  has  come  into  the  possession  of  the  Bankruptcy  Court  any  suit  or 
proceeding  tending  to  interfere  with  such  possession  may  ])roperly  be  stayed. 

In  re  Tomlinson  (D.  C.  X.  Y.),  27  Am.  B.  R.  780;  193  Fed.  101. 

Applies  to  both  voluntary  and  involuntary  bankruptcy. 

In  re  Geister,  3  Am.  B.  R.  228;  97  Fed.  322. 

Attachment  suit  within  four  months. 

In  re  Federal  Biscuit  Co.  (C.  C.  A.  2nd  Cir.),  29  Am.  B.  R.  393;  203  Fed.  37;  121 
C.  C.  A.  373;  dist'g  In  re  Mercedes  Import  Co.,  21  Am.  B.  R.  590;  166  Fed.  427;  92  C. 
C.  A.  179. 

Includes,  "  Supplementary  Proceedings." 

In  re  De  Long,  1  Am.  B.  R.  66. 

In  re  Fortunato,  9  Am.  B.  R.  630:  123  Fed.  622.  In  re  De  Lany  &  Co.,  10  Am. 
v..  R.  634:  124  Fed.  280.  In  re  Burke,  19  Am.  B.  R.  51 :  155  Fed.  703.  In  re  Kletehka, 
1  Am.  B.  R.  479;  92  Fed.  901. 

Stay  of  supplementary  proceedings  under  judgment  not  dischargeable  in  bank- 
ruptcy will  not  be  granted  except  in  so  far  as  such  proceedings  interfere  with  the  due 
administration  under  the  Bankruptcy  Act. 

In   re   Munro,  28  Am.  B.   R.   369;    195  Fed.   817. 

May  be  granted  to  stay  execution  to  reach  bankrupt's  salary  under  section  1391, 
Code  of  Civil  Procedure  (N.  Y.),  until  question  of  discharge  is  determined. 

In  re  Van  Buren  (D.  C.  N.  Y.),  20  Am.  B.  R.  896:  164  Fed.  8S3. 

In  re  Harrington  (D.  C.  N.  Y.),  29  Am.  B.  R.  666;  200  Fed.  1010. 

In  re  Sims,  23  Am.  B.  R.  899;  176  Fed.  645;  apparently  overruling  In  re  Driggs, 
22  Am.  B.  R.  621;   171  Fed.  897. 

Should  not  be  granted  in  suits  upon  non-dischargeable  claims. 

Mackel  v.  Rochester,  14  Am.  B.  R.  429;  135  Fed.  004.  Action  for  dec-it.  Tindle  v. 
Birkett,  18  Am.  B.  R.  121;  205  U.  S.  183;  51  L.  Ed.  762;  aff'g  15  Am.  B.  R.  179.  In  re 
Lawrence,  20  Am.  B.  R.  698;   163  Fed.  131. 

In  re  Clipper  Mfg.  Co.  (C.  C.  A.  2nd  Cir.),  24  Am.  B.  R.  683;  179  Fed.  843;  103 
C.  C.  A.  260. 

Nor  judgment  creditor's  suit  begun  more  than  four  months  before  bankruptcy. 

Metcalf  V.  Barker,  9  Am.  B.  R.  36;  187  U.  S.  165;  47  L.  Kd.  122:  rev'g  In  re  Lesser 
Bros.  (C.  C.  A.  2nd  Cir.),  5  Am.  B.  R.  320. 

A  replevin  creditor.  In  re  Russell  (C.  C.  A.  2nd  Cir.).  3  Am.  B.  R.  658:  101  Fed. 
248;  41  C.  C.  A.  323. 

A  fine  imposed  by  a  State  court  for  contempt  is  not  a  dischargeable  debt  and  a 
court  of  bankruptcy  will  not  stay  proceedings  against  the  bankrupt  for  its  enforcement. 

In  re  Koronsky  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  851;  170  Fed.  719;  96  C.  C.  A. 
39. 


FORMS  IX  BAXKKUPTCY.  411 

In  re  Hall  (D.  C.  N.  Y.),  22  Am.  B.  R.  498;   170  Fed.  721. 

When  stay  of  stockholder's  action  denied. 

In  re  United  WireU-ss  Telegraph  Co.,  28  Am.  B.  R.  394;  196  Fed.  153. 

When  State  court  has  tirst  acijuired  jurisdiction. 

Hull  V.  Burr  (C.  C.  A.  Ist  Cir.),  30  Am.  B.  R.  588;  206  Fed.  1 ;  124  C.  C.  A.  135. 

Sheriff's  sale  on  execution. 

In  rw  Northroi).  1  Am.  B.  R.  427. 

In  re  Baughman  (D.  C.  Pa.),  15  Am.  B.  R.  23;  138  Fed.  742. 

Alimony, 

In  Illinois,  Bankruptcy  Court  will  stay  any  proceeding  in  State  court  to  collect 
alimony  until  question  of  discharge  has  been  determined. 
In  re  Challoner,  3  Am.  B.  R.  442;  98  Fed.  82. 

Practice. 

Application  may  be  made  to  State  court. 

In  re  G'eister,  3  Am.  B.  R.  228;  97  Fed.  322. 

In  re  Pennsylvania  Development  Co.  (D.  C.  Cal.),  33  Am.  B.  R.  759;  220  Fed.  222. 

In  making  application  to  Federal  court  it  matters  not  that  the  State  court  had 
previousl}'  denied  a  similar  application  by  same  petitioner. 

New  River  Coal  Land  Co.  v.  Ruffner  Bros.,  20  Am.  B.  R.  100;  165  Fed.  881;  91  C. 
C.  A.  559. 

Petition  should  show  that  the  proceeding  is  pending. 

In  re  Goldberg,  9  Am.  B.  R.  156;   117  Fed.  692. 

May  be  verified  by  attorney  when  reasons  are  stated. 

In  re  Goldberg  {supra). 

Notice  of  application  not  necessary. 

In  re  William  E.  Delaney  &  Co.,  10  Am.  B.  R.  634;   124  Fed.  280. 

Stays  by  referees.     See,  General  Order  XII,  (3). 

See  Rule  XXI,  Northern  and  Western  Districts  of  New  York. 

In  re  Berkowitz,  16  Am.  B.  R.  251 ;  143  Fed.  598.  In  re  Steuer,  5  Am.  B.  R.  209, 
214:   104  Fed.  976.     In  re  Siebert,  13  Am.  B.  R.,  348;  133  Fed.  781. 

A  mere  adjudication  in  bankruptcy  does  not  operate  as  a  stay  against  prosecution 
of  a  claim. 

Maas  V.  Kuhn  (N.  Y.  App.  Div.),  22  Am.  B.  R.  91;  130  App.  Div.  (N.  Y.)  68;  114 
N.  Y.  Supp.  444. 

Verbal  notice  of  an  injunction  held  sufficient. 

In  re  Krinsky  Bros.  (D.  C.  N.  Y.),  7  Am.  B.  R.  535;  112  Fed.  972. 

Blake  v.  Nesbet,  16  Am.  B.  R.  269;  144  Fed.  279. 

In  re  Wilk,  19  Am.  B.  R.  178;  155  Fed.  943. 


412 


FOKMS  IN  BANKRUPTCY. 


FORM  No.  261. 

ORDER   STAYING    SUIT. 


At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of   ,  held  at  the 

Court  House,  City  of   ,011 

the   day  of   , 

19... 


Present 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


No. 


On  reading  and  filing  the  affidavit  of ,  bankrupt  herein, 

verified   ,  19.  . .,  the  adjudication  in  bankruptcy  and 

all  proceedings  herein,  and  on  motion  of ,  attorney  for  the 

said  bankrupt,  it  is 

Ordered,  that ,  his  attorney , 

Esq.,  and  all  other  persons  be  and  they  hereby  are  jointly  and  severally 
restrained  and  enjoined  from  proceeding  veith  or  taking  any  further  proceed- 
ings in  a  certain  action,  now  pending  in  the Court, 

County,  wherein  the  said 

is  the  plaintiff,  and  the  bankrupt  herein  is  the  defendant,  or  in  a  proceeding- 

supplementary  to  execution  in  said  action,  until  twelve  months  after 

,  19.  . .,  the  date  of  the  adjudication  of  the  above  named  bankrupt,  or 

if  within  that  time  the  bankrupt  above  named  applies  for  a  discharge,  then 
until  the  question  of  such  discharge  is  determined. 

D.J. 


FORMS  IX  BANKRUPTCY. 


413 


FORM  No.  262. 

AFFIDAVIT   BY   BANKRUPT   TO    STAY    SUPPL£M£NTARY 
PROCEEDINGS. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


y    No. 


Bankriipt. 


State  of  

County  of 

,  being  duly  sworn,  deposes  and  says : 

1.  That  on  the  ....  day  of ,  19.  .,  deponent  filed  a  volun- 
tary petition  in  bankruptcy  in  this  court  and  on  the  same  day  was  duly  ad- 
judicated a  bankrupt. 

2.  That  prior  to  the  filing  of  said  petition  in  bankruptcy, 

of    ,  obtained  a  judgment  against  deponent  in  the 

Supreme  Court  of , County,  and  on   

,  19.  .,  said  judgment  was  duly  docketed.  That  execution  was  sub- 
sequently issued  and  returned  unsatisfied.     That  on  the  .  . .  .day  of 

,  19.  .,  an  order  was  issued  in  supplementary  proceedings  out  of  the 

Court,    ,  County,  ordering  and  requiring 

deponent  to  appear  for  examination  at  (Special  Term,  Part  II,)  of  said  court, 

on  the    ....    day  of    19.  .,  and  make  discovery  on  oath 

concerning  his  property,  and  also  enjoining  deponent  from  transferring  or 
making  any  disposition  of  the  property  belonging  to  him,  not  exempt  by  law 
from  execution,  or  in  any  manner  interfering  therewith  until  further  order  in 
the  premises.  That  said  order  in  supplementary  proceedings  was  obtained 
at  the  instance  of  the  said  judgment  creditor, 

3.  That  the  said  judgment  is  upon  a  claim  in  contract  not  founded  upon 
fraud  or  false  representation  from  which  a  discharge  in  bankruptcy  would  be  a 
release;  that  deponent  has  not  yet  appeared  for  examination,  nor  is  he  in 
<1efault  therein.  That  inasmuch  as  deponent  has  been  adjudicated  a  bankrupt 
herein,  in  which  proceeding  any  creditor  may  obtain  a  desired  examination,  he 


414  FORMS  IN  BANKRUPTCY. 

believes  that  the  examination  in  supplementary  proceedings  at  the  instance  of 

said  creditor,  set  for ,  19 . . .,  at M.,  is  unnecessary, 

and  that  deponent  ought  not  to  be  harassed  by  same,  and  that  said  examina- 
tion should  be  stayed  until  twelve  months  after  the  date  of  adjudication 
herein,  and  if  within  said  time  deponent  applies  for  a  discharge,  then  until  the 
question  of  such  discharge  is  determined ;  and  that  such  judgment  creditor, 

,  and  his  attorney, ,  Esq.,  and  all 

other  persons  be  stayed  and  enjoined  from  taking  any  further  or  other  pro- 
ceedings in  said  action. 

No  previous  application  has  been  made  for  the  order  asked  for  herein. 


Sworn  to  before  me,  this 
day  of  


,-.} 


FORM  No.  263. 

AFFIDAVIT  TO  STAY  SALE  BY  TRUSTEE  OF  MORTGAGED  PROPERTY 
AND  TO  MODIFY  INJUNCTION. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


lUmkrupl. 


No. 


1: 


State  of ,  , 

County  of ,  J 

])eing  duly  sworn,  deposes  and  says,  that  he  is 

the  Secretary  of Com])any.     That  said  Company  has 

made  a  motion  for  the  modification  of  an  injunction  order  herein,  so  as  to 
render  available  its  remedies  under  a  chattel  mortgage  held  by  it  against  the 
bankrupt's  estate.  That  the  papers  on  said  motion  other  than  those  on  file 
heroin   are  hereto  annexed.     The  deponent  makes  said  papers  part  of  this 

application  in  the  same  manner  as  if  here  set  out  in  full.    That  on , 

19.,.,  deponent  received  a  notice  of  sale  of  the  estate  of  the  above  named 
bankrupt  including  the  property  covered  l)y  the  said  mortgage,  which  sale  is  to 

take  place  on  the day  of 19....     That  the 

Company  has  a  subsisting  riirht  to  enter  into  the  possession  of  the  chattels 
covered  bv  the  said  mortr^af^e  and  foreclose  the  said  mortgage.    That  the  order 


FORMS  IX  BAXKKUPTC'Y.  415 

of  which  the Company  desires  a  modification  prevents  any 

interference  with  the  estate  of  the  bankrupt,  and  has  therefore  prevented  the 

Company  from  enforcing  its  remedy  as  against  the  said 

mortgaged  chattels ;  that  the  motion  to  jsermit  the Company 

to  enforce  its  claim  is  returnable  on  the day  of ,  19.  .  .,  which 

date  is  after  the  time  for  which  the  sale  of  the  bankrupt's  estate  by  the  trustee 
is  noticed  to  take  place;  that  if  the  trustee  of  the  said  bankrupt  is  permitted 

to  offer  the  chattels  covered  by  the  mortgage  of  the Company  for 

sale,  the  said  chattels  may  be  removed  from  the  place  in  which  they  are  now 
located  and  the  remedy  of  Company,  by  foreclosure  or  other- 
wise, greatly  impaired,  if  not  entirely  lost;  that  the  said  chattel  mortgage  held 

by Company  contains  a  license  to  the  mortgagee  to  enter 

into  the  premises  and  take  possession  of  the  said  mortgaged  property  after 
breach  of  the  condition  of  the  mortgage;  that  if  the  said  property  is  sold  by 

the  trustee  on  the  date  fixed,  the Company  may  be  unable 

to  assert  its  remedy  of  entering  into  possession.  That  the  notice  of  the  pro- 
posed sale  by  the  trustee  mentions  no  liens  or  encumbrances  upon  any  of  the 
chattels  to  be  sold  and  does  not  purport  to  give  notice  of  a  sale  of  the  equity 
of  redemption  merely,  or  of  the  chattels  subject  to  the  lien  of  the  mortgage 
or  the  title  of  Company.  That  the  condition  of  the  mort- 
gage held  by  said  Company  having  been  broken,  the  title  to  the  mortgaged 

chattels  became  and  is  now  absolute  in Company  sul)ject  only 

to  a  possible  equity  oi  redemption  belonging  to  the  bankrupt  or  his  trustee. 
That  no  notice  of  application  by  the  trustee  for  leave  to  make  the  sale  has  ever 
been  given  to  the  mortgagee,  its  successors  or  assigns,  and  that  the  proposed 
sale,  so  far  as  it  affects  chattels  covered  by  said  mortgage,  is  unauthorized 

by  law  and  in  violation  of  the  rights  and  title  of Company.  That 

Company  has  not  consented  and  does  not  consent  to  a  sale 

by  the  trustee  free  of  its  title  and  lien,  or  sul)ject  thereto.  That  if  a  sale  were 
effectually  made  by  the  trustee  in  one  lot  or  in  separate  pieces  free  of  said 
Company's  claim  and  title,  there  would  probably  arise  a  large  deficit  and  the 
rights  of  the  Company  would  be  greatly  impaired.  That  if  a  sale  were  effect- 
ually made  subject  to  the  interest  of Company,  the  value  of  the 

mortgaged  chattels  would  l)e  greatly  depreciated,  and  in  deponent's  judgment 
the  chattels  would  be  rendered  unsalal)le,  and  if  removed  from  the  premises 

by  separate  purchasers  the  remedy  of Company  would  be  greatly 

impaired  if  not  wholly  destroyed. 

Deponent  therefore  applies  for  an  order  of  this  court  restraining  and  enjoin- 
ing   Esq.,  trustee  herein  of  the  said  bankrupt,  his 

attorneys,  agents  or  servants,  from  selling  any  of  the  property  of  the  said  bank- 
rupt mentioned  in  the  said  mortgage  held  by Companv  and  on 

the  premises  of  the  said  bankrupt. 


Sworn  to  before  me.  this 
dav  of 19, 


} 


416 


FOEMS  IN  BANKRUPTCY. 
FORM  No.  264. 

PETITION  TO  MODIFY  INJUNCTION. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


No. 


Bankrwpt. 


To  the  Honorable  Judge  of  the  District  Court  of  the  United  States  for  the 

District  of : 

The  petition  of respectfully  shows: 

1.  That  on  or  about  the   ....   day  of ,  19.  ,,  your  petitioner 

,  being  then  the  owner  in  fee  of  certain  parcels  of  land  in 

the  City  of ,  with  the  buildings  thereon,  known  as  No 

,  Street,  duly  leased  the  said  premises  by  an  instrument  in  writing 

to ,  the  bankrupt  herein,  for  a  term  of  ....  years,  at  the 

yearly  rent  of  dollars  ($....)  to  be  paid  in  equal  monthly  pay- 
ments in  advance  on  the  first  day  of  each  month  in  the  said  term,  which  the 

said  lessee,   ,  in  and  by  said  lease  agreed  to  pay,  and  the 

said in  and  by  said  lease  also  agreed,  as  additional  rent  for  the 

said  premises,  to  bear,  pay  and  discharge  all  taxes  and  assessments  of  every 
nature  and  kind  which  might  during  said  demised  term  be  assessed,  levied, 
confirmed  or  imposed  upon  said  premises,  or  any  part  thereof,  and  also  all 
such  taxes,  rents  or  charges  as  should  during  such  demised  term  be  charged, 
levied  or  imposed  upon  said  premises,  or  any  part  thereof,  whether 
such  rents  or  charges  constitute  liens  upon  the  real  estate  or  not,  and  that 
the  payment  of  each  and  every  tax  and  assessment  assessed,  confirmed,  levied 
or  imposed  upon  said  demised  premises  sliould  be  made  to  the  proper  officer 
constituted  by  law  to  receive  the  same  within  thirty  days  after  the  date  when 
such  ])ayment  would  be  received  by  such  officer,  and  that  if  any  such  taxes 
or  assessments  should  not  have  been  paid  within  the  time  so  provided,  that  the 
said  lessor  might  himself  pay  the  same,  together  with  any  interest  or  penalty 
that  might  have  accrued  thereon,  and  that  the  amount  so  paid  by  said  lessor 


FOHMS  IX  BAXKKUPTCY.  417 

should  become  due  and  be  payable  by  the  said  lessee  with  the  next  monthly, 
or  any  other  subsequent  instalment  of  said  rent  which  should  become  due 
after  such  default  on  the  part  of  the  said  lessor. 

2.  That  the  said   duly  entered  into  the  occupation  of 

the  said  demised  premises  under  the  said  lease  and  still  remains  in  the  occupa- 
tion thereof,  except  as  hereinafter  stated. 

'3.  That  on  the  first  day  of ,  19.  .,  there  was  due  to  your  peti- 
tioner under  and  by  virtue  of  said  lease,  the  sum  of  dollars 

($....),  being  the  monthly  instalment  of  the  said  annual  rent  of 

dollars  ($....)   which  fell  due  on  the  said  first  day  of   ,  19.  ., 

for  the  month  of ,  19 . .,  and  the  further  sum  of 

doUars,  additional  rent,  being  the  regular  annual  tax  imposed  or  levied  upon 

the  said  premises  for  the  year  19.  .,  which  the  said   ,  failed  to 

pay  as  provided  in  and  by  the  said  lease,  and  which  your  petitioner  himself 
paid,  as  provided  in  said  lease,  as  hereinabove  stated  and  which  sum  by  the 
terms  of  the  said  lease  accordingly  fell  due  to  your  petitioner  from  the  said 
on  the  ....  day  of ,  19 ... . 

4.  That  payment  of  the  said  sums  so  due  and  payable  has  been  duly 
demanded  since  the  same  became  due ;  that  no  part  thereof  has  been  paid  and 
your  ])etitioner,  being  still  the  owner  in  fee  of  the  said  premises,  desires  to 
institute  proceedings  under  the  laws  of  the  State  of  to  dis- 
possess the  said and  all  his  under-tenants  and  each  and  every 

person  in  possession  of  the  said  premises  or  claiming  possession  thereof  by  or 
through  the  said ,  or  his  under-tenants,  assigns,  legal  repre- 
sentatives or  otherwise,  which  proceedings  it  is  proposed  to  institute  in  the 

Court  of  the   City  of    ,  where  the  said 

premises  are  situated. 

5.  That  your  petitioner  is  informed  and  believes  that  on  or  about  the  .... 

day   of    .  .■ ,    19..,    ,    Esq.,   was   appointed 

herein  receiver  of  the  entire  assets,  estate,  property  and  business  of  the  said 

bankrupt, ,  and  that  in  and  by  the  order  appointing  the  said 

such  receiver,  said  receiver  was  directed  to  take  immediate 

possession  of  such  assets,  and  all  persons  were  thereby  restrained  from  inter- 
fering with  the  control  and  possession  of  the  said  estate  by  the  said  receiver 
in  any  manner  whatsoever;  that,  as  your  petitioner  is  informed  and  believes, 
the  said  receiver,  assuming  to  act  under  the  said  order,  is  now  in  possession  as 
such  receiver  of  the  said  premises  covered  by  the  lease  hereinabove  described, 
and  your  petitioner  is  advised  by  counsel  that  the  said  receiver,  and  any 

trustee  in  bankruptcy  of  the  said who  may  hereafter  be  elected 

or  appointed  herein  during  the  pendency  of  said  dispossess  proceedings,  are 
necessary  parties  to  said  dispossess  proceedings,  and  that  before  instituting 
such  dispossess  proceedings,  it  is  necessary  for  your  petitioner  to  obtain  an 
order  from  this  Honorable  Court  granting  leave  to  him  to  make  such  receiver 
and  trustee  parties  to  such  dispossess  proceedings  and  modifying  the  injunc-  ' 


418  rOKMS  IN  BANKKUPTCY. 

tion  contained  in  said  order  of ,  19.  .,  for  the  purpose  of 

enabling  dispossess  proceedings  to  be  brought  and  executed. 

Wherefore,  petitioner  prays  that  an  order  be  entered  herein  authorizing  and 
permitting  him  to  institute  and  prosecute  such  dispossess  proceedings,  with 
leave  to  make  the  said  receiver  and  any  trustee  in  bankruptcy  of  the  said 

,   who   may   hereafter   be   appointed   or   elected   hereir 

during   the  pendency   of   such    dispossess   proceedings,   parties   thereto,    and 

modifying  the  injunction  contained  in  the  order  of ,   ,  19.  ., 

herein,  by  permitting  the  institution  and  prosecution  of  such  dispossess  pro- 
ceedings. 

And  petitioner  prays  for  such  other  and  further  relief  as  may  be  necessary 
in  the  premises. 


Petitioner. 


Attorney  for  Petitioner. 
(Verification.) 


FOKMS  IX  BANKRUPTCY.  419 


FORM  No.  265. 

ORDEK    VACATING    STAY    AND    PERMITTING    JUDGMENT    AGAINST 

BANKRUPT. 

At  a  Stated  Term  of  the  District  Court 
of  the  United  States,  held  in  and  for  the 

District  of     , 

at  the  Court  House  in  the  City  of 

,  on  the   day  of 

,  19... 

Present : 

Hon , 

District  Judge. 


IX    THE    MaTTEU 
OF 


Bankrupi. 


On  the day  of ,  19 ... ,  an  order  to  show  cause 

having-  been  issued  in  tlie  aliove  entitled  proceedinij,  and  in  the  above  Court, 
why  an   order  should   not   be  made  and   entered,  restraining-  and   enjoining 

his  attorneys,  agents  aiid  servants  and  each  and  all  of  them 

from  taking  any  further  steps  or  proceedings  of  any  kind  or  character  what- 
soever in  a  certain  action  pending  in  the   Court  of  the  State 

of   ,   County,  in  which  action   the 

bankrupt  herein  is  plaintiff  and is  the  defendant,  and  from 

moving  to  confirm  any  report  of  the  Hon referee,  and 

from  entering  any  judgment  against ,  the  bankrupt  herein, 

in  the  said  action  and 

Whereas,  it  appears  from  the  facts  contained  in  the  decision  of  the  referee 

appointed  to  hear  and  determine  this  action  in  the Court  that 

certain  notes  of were  not  contested  and  were  conceded  to  have 

a  valid  consideration  and  it  ap])earing  also  from  the   aTdavit  of 

verified   on  fde  in  opposition  to  this  order  to  show  cause,  that 

the  decision  of  the  referee  aiul  all  the  fees  and  disbursements  of  the  referee 
and  all  the  costs  of  the  attorneys  for  the    defendant  were  made  and  incurred 

prior  to ,  the  date  of  the  referee's  report  which  was  filed 

and  served  upon  the  bankrupt's  attorney  on  or  about  that  date,  and  several 


420  FORMS  IX  BAXKRUPTCY. 

days  prior  to  the  ajiplicatioii  to  the  bankruptcy  court  which  was  granted  and 

entered  on and  after  reading  and  filing  the  petition  herein 

for  the  said  order  to  show  cause  returnable  before  this  Court  on  the 

day  of ,  191. . .,  and  upon  reading  and  filing  the  summons 

and  comj^laiut  and  the  referee's  report;  the  certificate  of  the  referee  as  to 
costs;  the  notice  of  motion  for  judgment,  and  the  copy  of  said  judgment,  now, 

on  motion  of ,  attorney  for in  this  Court 

and  after  hearing ,  attorney  for ,  in  opposition 

thereto,  it  is  hereby 

Ordered,  adjudged  and  decreed,  that  the  order  of  this  Court  made 

,  191. . .,  be  and  the  same  hereby  is  vacated  in  so  far  as  to 

permit to  take  final  judgment  with  costs  in  said  action. 

D.J. 


PART  IX. 

DISCHARGE  OF  BANKRUPT. 

Form  No.  266.  Bankrupt's  PLtition  for  Discharge. 

267.  Order  to  show  Cause  thereon. 

268.  Affidavit  of  mailing  Petition  for  Discharge. 

269.  Notice  for  Publication  of  Application  for  Discharge. 

270.  Referee's  Certificate  on  Discharge. 

271.  Order  of  Discharge. 

272.  Notice  of  Appearance  of  objecting  Creditor. 

273.  Affidavit  that  no  Specifications  liave  been  filed. 

274.  Specifications  of  Objection  to  Discharge. 

275.  Exceptions  to  Specifications. 

276.  Petition  to  amend  Specifications. 

277.  Order  authorizing  Trustee  to  file  Objections. 

278.  Order  of  Reference  to  Special  Master. 

279.  Notice  of  Hearing  before   Special  Master. 

280.  Report  of  Special  Master  upon  Specifications. 

281.  Order  opening  Default  on  Discharge  Proceeding. 

282.  Order  denying  Discharge  upon  Report  of  Sjiecial  Master. 

283.  Petition  for  Extension  of  Time  to  apjdy  for  Discharge. 

284.  Referee's  Certificate  on  such  Application. 

285.  Order  extending  Time  to  apply  for  a  Discharge. 

286.  Petition  to  revoke  Discharge. 

287.  Order  revoking  Discharge. 

288.  Affidavit   for   Cancellation   of   a   Judgment   against   Bankrupt.      (New 

York  Practice.) 

289.  Order  canceling  Judgment.      (New   York  Practice.) 

FORM  No.  266. 

[Official.! 

BANKRUPT'S   PETITION   FOR  DISCHARGE. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  ^Iatter 

OF 


Bankrupt. 


Xo. 


To  the 

Honorable  Judge  of  the  District  Court  of  the  United  States, 

for  the District  of : 

[421] 


422  FORMS  IX  BANKRUPTCY. 

,  of   ,  in  the  County  of 

, ,  and  State  of   ,  in  said  District,  respectfully 

represents :    That  on  the day  of ,  19 ... ,  last  past, 

he  was  duly  adjudged  a  bankrupt  under  the  acts  of  Congress  relating  to 
bankruptcy ;  that  he  has  duly  surrendered  all  his  property  and  rights  of  prop- 
erty and  has  fully  complied  with  all  the  requirements  of  said  acts  and  of  the 
orders  of  the  court  touching  his  bankruptcy. 

WTierefore,  he  prays  that  he  may  be  decreed  by  the  court  to  have  a  full  dis- 
charge from  all  debts  provable  against  his  estate  under  said  bankrupt  acts, 
except  such  debts  as  are  excepted  l)y  law  from  such  discharge. 

Dated  this day  of ,  19 .  . . 


Banl-rupt. 

[Verification.] 

NOTES. 

Sec.  14-a. 

Cross  references.     Sees.  2  (12),  11-a,  17,  29-b,  38-a  (4),  70-a-d. 

General  Orders  XII  (3),  XXXI.     See  Local  Rules. 

Application  made  after  one  month  and  not  later  than  twelve  months  subsequent 
to  the  adjudication,  unless  extension  is  obtained  from  judge  for  cause. 

In  re  Holmes.  21  Am.  B.  R.  339;   165  Fed.  225. 

In  re  Wagner,  15  Am.  B.  R.  100;   139  Fed.  87. 

In  re  Knauer.  13  Am.  B.  R.  503;  133  Fed.  805. 

When  time  to  apply  for  begins  to  run. 

Jurisdiction  not  conferred  by  consent. 

In  re  Taylor  (D.  C.  Ala.),  26  Am.  B.  R.  143;  188  Fed.  479. 

In  re  Chase  (D.  C.  Mass.),  26  Am.  B.  R.  456;  186  Fed.  408. 

Application  for  discharge  is  an  independent  proceeding  in  which  the  jurisdiction 
and  validity  of  prior  proceedings  in  personam  are  not  involved. 

In  re  Walrath,  24  Am.  B.  R.  541;   175  Fed.  243. 

In  re  Clisdell,  4  Am.  B.  R.  95;  101  Fed.  246. 

In  re  Mason.  3  Am.  B.  R.  599;  99  Fed.  256. 

The  application  should  not  be  entertained  until  the  first  meeting  of  creditors  and 
the  examination  of  the  bankrupt  have  been  closed. 

In  re  .Johnson,  19  Am.  B.  R.  814;   158  Fed.  342. 

Not  a  criminal  proceeding. 

In  re  Gaylord  (C.  C.  A.  2nd  Cir.).  7  Am.  B.  K.  1;  112  Fed.  668;  50  C.  C.  A.  415; 
aff'g,  8.  c.  5  Am.  B.  R.  410;  106  Fed.  883. 

May  be  filed  by  personal  representative  of  deceased  bankrupt. 

In  re  Agnew  *(D.  C.  N.  Y.),  35  Am.  B.  R.  709;  225  Fed.  650. 

Where  filed. 

In  Southern  District  of  New  York  by  Rule  YII,  the  office  of  the  referee  is  the 
office  of  the  court  and  petition  for  discharge  is  filed  with  the  referee. 

In  re  Pincus,  17  Am.  B.  R.  331;   147  Fed.  621. 

Applications  for  discharge  are  in  tlic  nature  of  separate  proceedings  and  in  Nortlicrn 
District  of  Alabama  should  be  filed  witli  clerk  of  Bankruptcy  Court. 

In  re  Taylor,  26  Am.  B.  R.  143;  188  Fed.  479. 

So,  in   Peiuisylvania. 

In  re  Ilockman.  30  Am.  B.  R.  921  ;  205  Fed.  3.30. 

I  Practitioner  should  consult  local  district  rules.] 


FORMS  m  BANKRUPTCY.  423 

Petition  should  be  verified.    Sec.  18-c. 

In  re  Taylor  (D.  C.  Ala.)    (supra). 

May  be  waived  in  some  districts,     s.  c.  (supra). 

Member  of  a  firm  should  ask  discharge  of  both  partner.ship  and  individual  debts. 

In  re  Laughlin,  3  Am.  B.  R.  1 ;  96  Fed.  589. 

In  re  Hale,  6  Am.  B.  R.  35;  107  Fed.  432. 

In  re  Russell.  3  Am.  B.  R.  91;  97  Fed.  32. 

Tetition  for  discharge  may  be  amended. 

In  re  Diamond  (C.  C.  A.  2nd  Cir.),  17  Am.  B.  R.  563;  149  Fed,  407;  79  C.  C.  A.  227. 

Application  may  be  dismissed  for  laches. 

In  re  Lederer,  10  Am.  B.  R.  492;   125  Fed.  96. 

Lindeke  v.  Converse,  28  Am.  B.  R.  596;  198  Fed,  618. 

Contra.     In  re  Wolff  (D.  C.  Cal.),  13  Am.  B.  R.  95;   1.32  Fed.  396. 

When  bankrupt  may  not  withdraw  application. 

In  re  Henschel  (D.  C.  N.  Y.),  12  Am.  B.  R.  31. 

When  a  discharge  has  been  denied  in  a  former  proceeding,  it  is  res  adjudicata  as 
to  same  debts  scheduled  in  second  proceeding. 

Kuntz  V.  Young  (C.  C.  A.  8th  Cir.),  12  Am.  B.  R.  506;  131  Fed.  719;  65  C.  C.  A.  477. 

In  re  Weintraub,  13  Am.  B.  R.  711;  133  Fed.  1000. 

In  re  Royal,  7  Am.  B.  R.  636;   113  Fed.  140. 

In  re  Kuffler  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  16;  151  Fed.  12;  80  C.  C.  A.  508; 
rev'g  16  Am.  B,  R.  305;  144  Fed.  445.  See  also,  s.  c.  19  Am.  B.  R.  181;  155  Fed.  1018; 
aff'd,  22  Am.  B.  R.  289. 

See,  In  re  Elkind  and  Schwartz,  23  Am.  B.  R.  166;  175  Fed.  64;  99  C.  C.  A.  86. 

In  re  Silverman  (C.  C.  A.  2nd  Cir.),  19  Am,  B,  R,  460;  157  Fed.  675;  85  C.  C.  A. 
224. 

In  re  Stone,  23  Am.  B.  R.  24;  172  Fed.  947. 

In  re  Pullian  (D.  C.  Tenn.),  22  Am.  B.  R.  513;  171  Fed,  595, 

In  re  Westbrook   (D.  C.  Ala.),  26  Am.  B.  R.  182;   186  Fed.  414. 

Bacon  v.  Buffalo  Cold  Storage  Co.  (C,  C,  A.  5th  Cir.),  27  Am.  B.  R.  736;  193  Fed. 
34;   113  C.  C.  A.  358;  certiorari  denied,  225  U.  S,  701;  56  L.  Ed.   1264. 

In  re  Wagner.   (D.  C.  Nev,),  15  Am.  B.  R.  100;   139  Fed.  87, 

In  re  Bramlett  (D.  C.  Ga.),  20  Am.  B.  R.  402;  161  Fed.  588. 

Pollet  V.  Cosel  (C.  C.  A.  1st  Cir.),  24  Am.  B.  R,  678;  179  Fed.  488;  103  C.  C.  A.  68. 

In  partnership  cases. 

In  re  Springer  (D.  C.  No.  Car.),  29  Am.  B.  R.  96;  199  Fed.  2<»4. 

Obtaining  judgment  on  a  debt  after  expiration  of  time  within  wiiicii  to  apply  for 
a  discharge    creates  no  new  debt. 

In  re  Schnabel  (D.  C.  X.  Y.),  23  Am.  B.  R.  22;   IGG  Fed.  383. 

Does  not  apply  to  former  Bankruptcy  Act. 

In  re  Herrman  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  778;  136  Fed.  767;  60  C.  C.  A. 
413. 


424  FOKMS  IN  BAXKKUPTCY. 


FORM  No.  267. 

[Official. \ 
ORDER  TO  SHOAV  CAUSE  THEREON. 

District  of ss.: 

On  this day  of ,  A.  D.  19 . .  . ,  on  reading  the 

foregoing  petition  for  discharge,  it  is 

Ordered  by  the  Court,  that  a  hearing  be  had  i;pon  the  same  before  the 
Honorable  Judge  of  the  U.  S.  District  Court,  in  the  U.  S.  Court  House  at 

,  on ,  19 .  . . ,  at M.,  and  that 

notice  thereof  be  published  in  the ,  a  newspaper  printed  in 

said  District,  and  that  all  known  creditors  and  other  persons  in  interest  may 
appear  at  the  said  time  and  place  and  show  cause,  if  any  they  have,  why  the 
prayer  of  the  said  petition  should  not  be  granted,  and  also  attend  the  examina- 
tion of  the  bankrupt  thereon. 

And  it  is  further  ordered  by  the  Court  that  the  Referee  in  charge  shall  send 
by  mail  to  all  known  creditors  copies  of  said  petition  and  of  this  order 
addressed  to  them  as  required  by  law. 

Witness,  the  Honorable  Judge  of  the  said  Court,  and  the  seal  thereof,  at  the 

City  of in  said  District,  on  the day  of 

,19... 


Clerk 

[As  to  notice  to  creditors  see  Amendment  of  1910,  sec.  58-a  (9).] 

[See  Instructions  to  Referees,  Southern  District  of  New  York,  Rule  10.1 

Arrangement  of  Papers  on  Discharge,  Southern  District  of  New  York. 

1.  Record  of  Procecdin<.'s. 

2.  Order  of  Adjudication  and  Reference. 

3.  Order  for  first  Meeting  after  30  Days  (when  necessary). 

4.  Proofs  of  Publication  and  mailing  Notice  of  first  Meeting. 

5.  Memorandum  of  Proceedings  at  first  Meeting. 

6.  Order  dispensing  with  Trustee,  if  none. 

7.  Petition  for  Discharge. 

8.  Order  to  show  Cause  thereon. 

9.  Proof  of  Publication  of  Notice  of  Application  for  Discharge. 

10.  Proof  of  Mailing  of  Copy  Petition  for  Discharge  and  Order  thereon. 

11.  Referee's  Certificate  and  Indemnity  Account. 

12.  Receipt  for  Balance  of  Indemnity. 


FORMS  IN  BANKRUPTCY. 


425 


FORM  No.  268. 


AFFIDAVIT  OF  MAILING  PETITION  FOR  DISCHARGE. 

Ill  the  District  Court  of  the  United  States, 

for  the District  of , 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


>      No. 


STATE  OF    .  .  , 

County  of, 


ss.: 


being  duly   sworn,   deposes   and   says :   I   am 

employed  in  the  office  of   ,  Referee  in  Bankruptcy,  and 

am  more  than  eigliteen  years  of  age ;  on  the day  of 

19 .  . ,  I  deposited  in  the  Post  Office  in  said of , 

copies  of  the  annexed  petition  for  discharge  and  order  thereon  to  show  cause, 
each  contained  in  a  securely  closed  envelope,  franked  by  proper  notice  of  official 
business  whenever  addressed  to  a  place  within  the  United  States,  and  duly 
postpaid  whenever  addressed  to  a  place  without  the  United  States,  and  duly 
directed  respectively  to  each  of  the  creditors  of  said  bankrupt  named  in  the 
schedules  filed  herein,  at  the  respective  addresses  stated  in  said  schedules, 
except  in  the  cases,  if  any,  in  which  the  address  of  the  creditor  is  stated  in 
said  schedules  to  be  unknown,  or  where  the  creditor  has  designated  an  address 
other  than  that  stated  in  said  schedules,  and  in  such  case  to  such  designated 
address  as  on  file  herein. 
Subscribed  and  sworn  to  before  me  tliis 

day  of ,  A.  D.,  19... 


426 


FOKMS  IN  BAXKKUFTCY. 


FORM  No.  269. 

NOTICE  FOR  PUBLICATION  OF  APPLICATION. 


United  States  District  Court, 

District  of   .  . . 

In  Bankruptcy. 


In  the  Matter 

OF 


Xo. 


Bankrupt. 


Notice  is  hereby  given  that ,  bankrupt,  has  filed  his 

petition,  dated ,  19 ... ,  praying  for  a  discharge  from  all  his 

debts  in  l)ankruptcy,  and  that  all  creditors  and  other  persons  are  ordered  to 
attend  at  the  hearing  upon  said  petition  before  the  United  States  District 

Judge,  in  the  United  States  Court  House,  in  the  City  of , 

County  of , ,  on ,  ID .  .  . ,  at .  . . . 

.  .  -M..  and  then  and  there  show  cause,  if  any  they  have,  why  the  prayer  of  said 
petitioner  should  not  be  granted,  and  also  attend  the  examination  of  the  bank- 
rupt thereon. 


Referee  in  Banl-ruptcy. 
Dated  ,  19... 

See,  sec.  58-a   (9).     Amendments  of  1910. 

{In  South  em  Pisirirf  of  New  York  hy  Special  Rule.] 
United  States  District  Court, 

Southern   District  of  Xew  York : 

Bankruptcy. —  Xo 

Notice  is  given  that  ,  bankrupt,  has  applied  for  a  dis- 
charge from  all  his  debts.  Creditors  and  parties  interested  are  ordered  to 
attend  before  this  Court,  in  the  Post-Office  Building,  ^Faidiattan.  New  York, 

on ,  19 ...  at  10.30  A.  M.  there  to  show  inuse  why  discharge 

should  not  be  granted. 

> 

Referee  in  Banhrupfrj/. 


FORMS  IN  BAXKKUPTCY. 


42: 


FORM  No.  270. 


In  the  District  Court  of  the  United  States, 

for  the District  of  .  . 

In  Bankruptcy. 


In  thk  Mattee 

OF 


JBatikrtfpt. 


No. 


I, ,  Referee  in  Bankruptcy,  to  whom  the  above  entitled 

proceeding  was  duly  referred  by  order  of  this  court,  do  hereby 

Certify  that  tlie  forgoing  is  a  record  of  the  proceedings  had  before  me  in  the 
above  entitled  proceeding,  and  I  further  certify  that  the  schedules  disclose 

assets  not  exempt  by  law  and  that trustee 

has  been  appofnted  herein,  nor  is  any  application  for  the  appointment  of  a 
trustee  pending;  that  the  first  meeting  of  creditors  was  held  before  me  on 

19.  .,  and  that  the  examination  of  the  bankrupt 

thereon  has been  closed, 

I  further  cortifyand  re])ort  that,  so  far  as  appears  by  the  record  herein,  said 
bankrupt  has  in  all  tilings  conformed  to  the  requirements  of  the  Ignited  States 
Bankruptcy  Act  and  has  committed  none  of  the  offences  and  done  none  of  the 
acts  prohil)ited  in  sub-division  b  of  Section  14  of  said  Act  as  amended,  and 
is  in  my  opinion  entitled  to  his  discharge, 

And  I  further  certify  that  the  following  is  an  itemized  statement  of  the 
sums  deposited  with  me  as  indemnity  herein  and  of  the  items  of  charges  against 
the  same  and  of  the  balance  remaining  in  my  hands. 
Dated 19.  .. 


Referee  in  Bankruptcy. 
[Referee's  Indemnity  Account  as  required  by  District  rule.] 


428  FORMS  IN^  BANKRUPTCY. 

FORM  No.  271. 

[Official.] 
ORDER   OF    DISCHARGE. 

District  Court  of  the  United  States, 

District  of : 


Whereas, in  said  District,  ha      been  duly  adjudged 

bankrupt  under  the  acts  of  Congress  relating  to  bankruptcy,  and  appear  to 
have  conformed  to  all  the  requirements  of  law  in  that  behalf,  it  is  therefore 

ordered  by  this  Court  that  said 

be  discharged  from  all  debts  and  claims  which  are  made  provable  by  said  acts 

•against   estate,  and  which  existed  on  the 

day  of ,  A.  D ,  on  which  day  the  petition  for  adjudication 

was  filed  by ,  excepting  such  debts  as  are  by  law  excepted 

from  the  operation  of  a  discharge  in  bankruptcy. 

"Witness  the  Honoralile ,  Judge  of  said  District  Court, 

and  the  seal  thereof,  this day  of ,  A.  D.  19 .  .  . 


District  Judge. 


Clerk, 

I, ,  Clerk  of  the  District  Court  of  the  United  States  for 

the District  of ,  do  herel)y  certify  that  the  above 

is  a  true  copy  of  an  order  of  discharge  made  in  the  above-entitled  matter. 


In  testimony  whereof,  I  have  caused  the  seal  of  the  said  Court  to  be  hereto 

affixed,  at  the  city  of ,  in  the 

District  of ,  this day  of , 

the  year  of  our  T.ord,  one  thousand  nine  hundred  and and  of 

the  independence  of  the  said  United  States  the  one  hundred  and    


Clerl: 
NOTES. 

Order  of  discharge. 

In  re  Marsliall  Paper  Co.   (C.  C.  A.  1st  C'ir.),  4  Am.  B.  R.  468;   102  Fed.  872;  43  C. 
C.  A.  38,  rev':,'  in  part  95  Fed.  419. 

In  re  Royal,  7  Am.  B.  R.  636;    113   Fed.   140. 

Unless  there  are  dischar<reable  debts,  no  jurisdietion  to  discharge. 

In  re  Gviliek,  26  Am.  B.  R.  632;   186  Fed.  .350. 

In  re  Vates  (D.  C.  Cal.),  8  Am.  B.  R.  69;  114  C.  C.  A.  365. 

In  re  Maples  (D.  C.  Mont.).  5  Am.  B.  R.  426;  105  Fed.  919. 

I)ischar;.'e  may   not  be  granted  imtil   the  specifications  of  objection   tliercto  have 
been  disposed  of. 


FORMS  IN  BANKRUPTCY.  429 

Jn  ro  Randall,  20  Am.  B.  R.  305;   159  Fed.  298. 

As  evidence. 

A  certified  copy  of  an  order  granting  a  discharge  is  evidence  of  tlie  j>irisdiction  of 
the  court  and  the  regularity  of  the  proceedings. 

Kreitlein  v.  Ferger  (Ind.  App.  Ct.).  28  Am.  B.  R.  908;  rev'd,  on  otlier  grounds 
(8.  c.  U.  S.  Sup.),  34  Am.  B.  R.  8(52;  238  U.  S.  21;  59  L.  Ed.  1184. 

Bankrupt  entitled  to  a  disciiarge  unless  he  has  committed  an  offense  jiunisliable 
under  section  14-b  as  amended. 

In  re  Crist,  9  Am.  B.  R.  1;  116  Fed.  1007. 

In  re     Marshall  Paper  Co.    (supra). 

Even  though  he  owes  but  one  debt. 

In  re  Frank,  6  Am.  B.  R.  156;   107  Fed.  272. 

In  re  Schwaninger,  16  Am.  B.  R.  427;   144  Fed.  555. 

Partnership. — Wlien  individuals  as  such  not  entitled  to  a  discharge. 

In  re   Hale,  6  Am.  B.  R.  35;  107  Fed.  432. 

In  re  Pincus  (D.  C.  N.  Y.),  17  Am.  B.  R.  331;  147  Fed.  621. 

When  partnership  debts  not  affected. 

In  re  Hartman,  3  Am.  B.  R.  65;  96  Fed.  593. 

In  re  Carmichael,  2  Am.  B.  R.  815;  96  Fed.  594. 

In  re  Laughlin,  3  Am.  B.  R.  1 ;  96  Fed.  589. 

In  re  McFaun,  3  Am.  B.  R.  66;  96  Fed.  592. 

In  re  Meyers,  3  Am.  B.  R.  260;  97  Fed.  753. 

in  re  Bertenshaw  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  577;  ]57  Fed.  303;  85  C.  C.  A. 
€1. 

Right  to  a  discharge  distinct  from  the  effect  of  a  discharge. 

In  re  Blum  berg,  1  Am.  B.  R.  633;  94  Fed.  476. 

Right  'governed  by  law  as  it  stood  at  the  time  bankrui)t  filed  his  i)etiti()n  in  bank- 
ruptcy,     in  re  Petersen,  10  Am.  B.  R.  355. 

Right  to  discharge  not  affected  by  subsecpient  insanity. 

In  re  Miller,  13  Am.  B.  R.  345;   133  Fed.  1017. 

Corporation  entitled  thereto. 

In  re  Marsliall  Paper  Co.  {supra). 

Personal  notice  of  the  a])plication  not  essential  to  the  binding  force  of  the  decree. 

Hanover  National  Bank  v.  Moyses  (U.  S.  Sup.),  8  Am.  B.  R.  1 ;  186  U.  S.  181;  46 
L.  Ed.  1113. 

Mailing  in  tiie  manner  prescribed  by  the  statute  is  sufticient. 

In  re  Downing  (D.  C.  N.  V.),  28  Am.  B.  R.  778;   199  Fed.  329. 

■V^lieeler  v.  Newton  (N.  Y.  App.  Div.),  35  Am.  B.  R.  25;   154  N.  Y.  Supp.  431. 

Effect  of  discharge. 

Personal  to  the  debtor. 

Bona  fide  liens  not  affeicted. 

Paxton  V.  Scott,  10  Am.  B.  R.  80. 

Bassett  v.  Thackara  (N.  Y.  Sup.),  16  Am.  B.  R.  786. 

Howard  v.  Cunliff,  10  Am.  B.  R.  71;  69  S.  W.  737. 

In  re  Peterson  (N.  Y.  App.  Div.),  24  Am.  B.  R.  270,  aff'g,  s.  c.  22  Am.  B.  R.  549. 

Does  not  affect  the  right  of  the  trustee  or  creditors  to  set  aside  a  fraudulent  con- 
veyance. 

Blick  V.  Nimmo,  30  Am.  B.  R.  770. 

Stephenson  v.  Bird  et  al.  (Sup.  Ct.  Ala.),  25  Am.  B.  R.  909. 

In  re  Pierce,  4  Am.  B.  R.  554. 
The  mere  acknowledgment  of  a  debt  discliarged  or  the  subsequent  expression  of  an 
intention  to  pay  same  is  not  suflieient  to  revive  tlie  debt. 


430  FORMS  IN  BANKRUPTCY. 

Coe  V.  Hosene  (Wash.  Sup.  Ct.).  27  Am.  B.  R.  175. 

Effect  upon  obli<iation  of  principal  to  surety. 

Williams  v.  United  States  Fidelity  &  Guaranty  Co.  (U.  S.  Sup.),  34  Am.  B.  R.  181; 
rev "j;  28  Am.  B.  R.  802. 

To  be  a  bar  must  be  pleaded. 

In  re  Rhutassel,  2  Am.  B.  R.  697;  96  Fed.  597. 

Effect  of  upon  exempt  property. 

Realty  Co.  v.  (^iosliio  (Pa.  Ct.  Com.  PI.),  27  Am.  B.  R.  58. 

Does  not  affect  funds  in  hands  of  trustee. 

Johnson  v.  Norris  (C.  C.  A.  5th  Cir.),  27  Am.  B.  R.  107;  190  Fed.  459;  111  C.  C.  A. 
291. 

Amendment  of  discharge. 
Wliere  individual  schedules  firm  debts. 

In  re  Kaufman  (D.  C.  N.  Y.),  14  Am.  B.  R.  393;  136  Fed.  262.  In  re  Diamond 
(C.  C.  A.  2nd  Cir.),  17  Am.  B.  R.  563;  149  Fed.  407;  79  C.  C.  A.  227. 


FORM  No.  272. 

NOTICE  OF  APPEARANCE  OF  OBJECTING  CREDITOR. 

In  the  District  Court  of  the  United  States, 

for  the District  of ; 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupl. 


No. 


To  the  District  Court  of  the  United  States  for  the District  of 


The  Clerk  of  this  Court  will  please  enter  my  appearance  as  attorney  for 

,  of ,  a  creditor  of   the 

bankrupt  herein,  who  desires  to  file  specifications  of  objection  to  the  discharge 
of  the  bankrupt  herein,  (and  demands  an  examination  of  the  bankrupt  for 
the  purpose  of  framing  specifications.) 

Dated  ,  19... 


Attorney  for  ohjerfing  creditor. 
[Address.] 
To 

Esq. 

Cirri. 


FORMS  IX  BAXKKUPTCY 


431 


NOTES. 

Appearance  of  objecting  creditor. 

General  Order  XXXII. 

In  re  (Jinsberg,  12  Am.  B.  R.  459;  130  Fed.  627. 

Must  be  entered  on  return  da}'. 

In  re  Cirant,  14  Am.  B.  R.  398;  135  Fed.  889. 

In  re  Holman,  1  Am.  B.  R.  600;  92  Fed.  512. 

In  re  Young,  20  Am.  B.  R.  697;   162  Fed.  912. 

In  re  Barrager  (D.  C.  la.),  27  Am.  B.  R.  366;   191  Fed.  247. 

Wlien  creditors  objecting  to  bankrupt's  discharge  tiled  specifications  before  the 
return  day  held  immaterial  that  tiiey  failed  to  enter  an  appearance  on  return  day  as 
r:'<iuircd  by  tiie  General  Order,  as  sucli  filing  is  equivalent  to  an  appearance. 

In  re  Magen  Bros.  Co.  (C.  C.  A.  3rd  Cir.),  27  Am.  B.  R.  729;  192  Fed.  883;  113 
C.  C.  A.  207. 

Waiver  by  appearance. 

In  re  Churchill  (D.  C.  Wis.),  28  Am.  B.  R.  607;   197  Fed.  Ill, 

In  re  Casey  (D.  C.  N.  Y.),  28  Am.  B.  R.  359;   195  Fed.  322. 


FORM  No.  273. 

AFFIDAVIT   THAT  NO   SPECIFICATIONS  HAVE  BEEN  FILED. 

District  Court  of  the  United  States, 

District  of   : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bnnlrupi. 


Xo. 


State  of  . .  . 
County  of 


l)ein_sf  duly  sworn  de]/0ses  and  savs: 

1.  That  he  is  the  attorney  for  the  bankrupt  herein. 

2.  That  on  the   day  of 10 ... .  the  application  of 

the  bankrupt  above  named  for  a  discliar<re  was  on  the  calendar  of  this  court 

and  duly  called  :  that and creditors  appeared 

on  said  day  and  filed  notices  of  appearance  and  were  required  to  file  specifi- 
cations of  objection  within  ten  days  which  have  now  expired. 

3.  That  deponent  has  searched  in  the  clerk's  office  herein  and  finds  that  no 
specifications  have  been  filed  in  said  proceeding. 


Sworn  to  before  me  this 

dav  of 19.  . 


432 


FOKMS  IN  BANKKUPTCY. 


FORM  No.  274. 

SPECIFICATIONS  OF  OBJECTION  TO  DISCHARGE. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  Tin:  Matter 

OF 


Bank'rupl . 


Xo. 


of County  of ,  State  of 

,  in  the   District  of a  creditor  of 

the  aI)ove  named  l)ankrnpt,  does  hereby  oppose  the  granting  to  him  of  a 
discharge  from  his  debts  and  for  the  grounds  of  such  opposition  does  file  the 
following  specifications : 

First.  For  the  reason  that  the  bankrupt  herein  has  committed  an  offense 
punishable  by  im])risonment  under  the  Bankruptcy  Act  in  that  he  has  know- 
ingly and  fraudulently  made  a  false  oath  and  rendered  a  false  account  in  and  in 
relation  to  his  proceedings  in  bankruptcy,  as  follows : 

[Here  set  forth  facts  specifically.] 


Second.  For  the  reason  that  he  has  committed  an  offense  ])unishal)le  by 
imprisonment  under  the  Bankruptcy  Act  in  that  he  has  knowingly  and 
fraudulently  concealed,  while  a  bankrupt,  from  his  trustee  property  and  assets 
belonging  to  his  estate,  as  follows : 


Third.  For  the  reason  that  with  intent  to  conceal  his  true  financial  coi^- 
dition  he  has  failed  to  keep  books  of  account  or  records,  and  has  destroyed  and 
concealed  books  of  account  or  records,  from  which  such  financial  condition 
might  he  ascertained. 

Fourth.  For  the  reason  that  during  the  course  of  the  proceedings  in  said 
bankruptcy  he  refused  to  answer  material  questions  ap])roved  by  the  court,  to 
wit : 


FORMS  IN  BAXKKUPTCY.  433 

AVherefore,  objection  is  made  to  the  granting  of  such   application   for  a 
discharge. 


Objecting  Creditor. 


Allorneij  for  Creditor. 
[Address.] 
[\'orirication.] 

NOTES. 
Sec.  14-b.     Specifications  of  objection. 
If  appearance  is  entered,  specifications  need  not  be  filed  until  10  days  thereafter. 

See  General  Order,  XXXII. 

Mandatory  i)rovision. 

In  re  Albrecht,  5  Am.  B.  R.  223;  104  Fed.  974. 

In  re  Clothier.  6  Am.  B.  11.  203;  108  Fed.  199. 

Time  limit. 

In  re  C.  H.  Kendrick  &  Co.,  35  Am.  B.  R.  630;  226  Fed.  980. 

Should  be  filed  with  clerk,  not  referee,     s.  c.   (supra). 

Who  may  file. — Any  person  having  a  pecuniary  interest  in  resisting  the  discharge. 

One  having  an  unliquidated  claim  may  file. 

In  re  Conroy,  14  Am.  B.  R.  249;   134  Fed.  764. 

Bankrupt's  schedules  prima  facie  evidence  that  i)erson  scheduled  is  a  creditor  to 
enable  such  creditor  to  oppose  discharge. 

In  re  Barrager  (D.  C.  la.),  27  Am.  B.  R.  366;   101  Fed,  247. 

Creditor  with  unproved  debt  may  file. 

In  re  Nathanson    (D.  C.  N.  Y.),  19  Am.  B.  R.  56;    155  Fed.  645. 

In  re  Frice  (D.  C.  Ta.),  2  Am.  B.  R.  674;  96  Fed.  611. 

Assignee  of  judgment  with  unproved  claim. 

Haley  v.  Pope  (C.  C.  A.  9th  Cir.),  30  Am.  B.  R.  644;  206  Fed.  266;  124  C.  C.  A. 
330. 

Creditor  holding  non-dischargeable  debt  not  entitled  to  file.  In  re  Rervis,  15  Am. 
B.  R.  271;   140  Fed.  222. 

Remedy  where  siu^h  creditor  has  filed. 

In  re  Nathanson   (supra). 

Attorney's  authority  to  file  presumed. 

In  re  Gasser  (C.  C.  A.  Sth  Cir.),  5  Am.  B.  R.  32;   104  Fed.  537;  44  C.  C.  A.  20. 

Filing  »;unc  pro  tunc. 

In  re  Frice,  2  Am.  B.  R.  674;  96  Fed.  611. 

A  creditor  may  prosecute  objections  in  forma  pauperis. 

In  re  Guilbert,  18  Am.  B.  R.  830;  154  Fed.  670. 

Several  creditors  may  sign  and  verify  the  same  specifications  of  objection. 

Milgraum  v.  Ost,  12  Am.  B.  R.  306;  129  Fed.  827. 

Two  grounds  of  objection  may  not  be  alleged  in  one  specification. 

In  re  Wetmore.  6  Am.  B.  R.  703. 

Objection   of  non-residi'uce. 

In  re  Coodalc,  6  Am.  B.  R.  493;  109  Fed.  783. 

Specifications  must  be  clear  and  unequivocal  and  contain  specific  averments  of 
facts,  not  mere  conclusions. 

In  re  Tajjiin,  14  Am.  P..  R.  .360;   135  Fed.  861. 
In  re  Levey,  13  Am.-B.  R.  312;    1.33  Fed.  572. 


434  FORMS  IX  BAXKRUPTCY. 

In  re  Thomas,  1  Am.  B.  R.  515;  92  Fed.  912. 

In  re  Holman,  1  Am.  B.  R.  600;  92  Fed.  512. 

In  re  Hixon,  1  Am.  B.  R.  610;  93  Fed.  440. 

In  re  Quackenbush,  4  Am.  B.  R.  274;   102  Fed.  282. 

In  re  Gross,  5  Am.  B.  R.  271. 

In  re  Wolfensohn,  5  Am.  B.  R.  60. 

In  re  Sliepherd,  2  N.  B.  X.  Rep.  1020. 

In  re  Servis,  15  Am.  B.  R.  271;  140  Fed.  222. 

In  re  Parish,  10  Am.  B.  R.  548;   122  Fed.  553. 

Bragassa  v.  St.  Louis  Cycle,  5  Am.  B.  R.  700;   107  Fed.  77. 

In  re  McCurn,  4  Am.  B.  R.  459;   102  Fed.  743. 

In  re  Ginsburg,  12  Am.  B.  R.  459;   130  Fed.  627. 

In  re  Gara  (D.  C.  Pa.),  26  Am.  B.  R.  573;   190  Fed.  112. 

Not  as  strict  as  an  indictment. 

In  re  Blalock,  9  Am.  B.  R.  266;   118  Fed.  679. 

Grounds  of  objection  limited  to  those  set  forth  in  specifications. 

In  re  Taplin  (supra). 

In  re  Halsell,  13  Am.  B.  R.  106;  132  Fed.  562. 

In  re  Peacock,  4  Am.  B.  R.  136;   101  Fed.  560. 

In  re  Hendrick,  14  Am.  B.  R.  795;   138  Fed.  473. 

Intermingling  of  property  amounting  to  concealment. 

In  re  Graves,  26  Am.  B.  R.  633;  189  Fed.  847. 

Rule  of  District  Court  as  to  dismissal  for  laches  held  not  invalid  as  adding  a  new 
ground  for  the  refusal  of  a  discharge. 

In  re  Wollowitz  (C.  C.  A.  2nd  Cir.),  27  Am.  B.  R.  558;  192  Fed.  105;  112  C.  C.  A. 
445. 

Lindeke  v.  Converse,  28  Am.  B.  R.  596;  198  Fed.  618;   117  C.  C.  A.  322. 

Delay  in  bringing  on  the  hearing  is  not  a  ground  for  refusing  a  discliarge. 

In  re  Glasberg  (C.  C.  A.  2nd  Cir.),  28  Am.  B.  R.  826;  197  Fed.  896;  117  C.  C.  A.  235. 

One  of  the  statutory  grounds  must  be  alleged  and  proved. 

In  re  Griflin  P.ros.,  19  Am.  B.  R.  78;  154  Fed.  537. 

In  re  Frank,  6  Am.  B.  R.  156;   107  Fed.  272. 

In  re  Chamberlain   (D.  C.  X.  Y.),  25  Am.  B.  R.  37;  180  Fed.  304. 

Preference  made  without  intent  to  defraud. 

In  re  Mint/.er,  28  Am.  B.  R.  743;  197  Fed.  647. 

Effect  of  perjury  upon  granting  of  discharge. 

In  re  Kretsch   (D.  C.  X.  Y.),  22  Am.  B.  R.  284;    172  Fed.  .523. 

Sufficiency  of  specifications. 

i:.  II.  Codslialk  Co.  V.  .^t.rling  (C.  C.  A.  3rd  Cir.l.  12  Am.  B.  R.  302:  129  Fed.  580; 
04  C.  C.  A.  148. 

In  re  Blumberg,  13  Am.  B.  R.  343;   133  Fed.  845. 

In  re  Mero,  12  Am.  I!.  It.  171;   128  Fed.  630. 

Milgraum  v.  Ost,  12  Am.  B.  R.  306;   129  Fed.  827. 

In  re  Troeder  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  723;  150  Fed.  710;  80  C.  C.  A.  376 

In  re  Wetmore,  6  Am.  B.  R.  703. 

In  re  Ilirsch,  2  Am.  B.  R.  715;  96  Fed.  468. 

In  re  McXamara,  2  Am.  B.  R.  566;  95  Fed.  429. 

In  re  Adams.  22  Am.  B.  R.  613;  171  Fed.  599. 

In  re  Kai.ser.  3  Am.  B.  R.  767;  99  Fed.  689. 

In  re  Wak.field   (D.  C.  X.  Y.l.  31   Am.  B.  R.  42;  207  Fed.  180. 


FORMS   IX    HANKKLPTCY.  435 

May  sufficiency  be  attacked  before  special  master  to  wliom  specifications  have  been 
referred  ? 

Jn  re  Quackenbush  (D.  C.  N.  V.),  4  Am.  H.  R.  -274:   102  Fed.  2S2. 

"  Knowingly  and  fraudulently." 

In  re   Patterson,  10  Am.  B.  K.  371;    121   Fed.  921. 

In  re  Blalock  (supra),  in  re  Bcebe,  8  Am.  B.  R.  597;  116  Fed.  48.  In  re  Peck,  9 
Am.  B.  R.  747;   120  Fed.  972. 

Klein  v.  Powell  (C.  C.  A.  3rd  Cir.),  23  Am.  B.  R.  494;  174  F.-d.  040;  98  C.  C.  A.  394. 

In  re  Griflin  Bros.,  19  Am.  B.  R.  78;   154  Fed.  537. 

May  be  amended  to  include  this  allegation. 

In  re  Knaszak   (U.  C.  N.  Y.),  IS  Am.  B.  R.  187;   151  Fed.  503. 

W.  S.  Peck  Co.  V.  Lowenbein  (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  138;  178  Fed.  178; 
101  C.  C.  A.  498. 

(;ilpin  V.  Merchants'  Nat.  Bank  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  429;  165  Fed. 
607;  91  C.  C.  A.  445. 

Burden  of  proof. 

Upon  objecting  creditors. 

In  re  Logan,  4  Am.  B.  R.  525;  102  Fed.  876.  In  re  Jacobs,  16  Am.  B.  R.  482;  144 
Fed.  868.     In  re  Fades.  16  Am.  B.  R.  30;   143  Fed.  293;  74  C.  C.  A.  431. 

In  re  Wetmore.  3  Am.  B.  R.  700;  99  Fed.  703. 

In  re  Hamilton,  13  Am.  B.  R.  333;   133  Fed.  823. 

Burden  on  innocent  partner. 

In  re  Schachter  (D.  C.  N.  Y.).  22  Am.  B.  R.  389;  170  Fed.  683. 

Proof  must  be  clear  and  convincing,  but  not  necessarily,  "  beyond  a  reasonable 
doubt." 

In  re  Steed  and  Curtis,  6  Am.  B.  R.  73;  107  Fed.  682. 

In  re  Berner,  4  Am.  B.  R.  383.  In  re  Troeder  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  723; 
150  Fed.  710;  SO  C.  C.  A.  376. 

Garry  v.  Jefferson  Bank  (C.  C.  A.  5tli  Cir.),  26  Am.  B.  R.  511;  186  Fed.  461;  108  C. 
C.  A.  439. 

Mere  suspicion  insufficient. 

In  re  Miller  (C.  C.  A.  2nd  Cir.).  .32  Am.  B.  R.  397:  212  Fed.  920;  129  C.  C.  A.  440; 
rev'g,  s.  c.  30  Am.  B.  R.  113;  203  Fed.  170. 

Verification  of  specifications. 

Should  be  verified.     In  re  Baerncop  (D.  C.  Pa.),  9  Am.  B.  R.  133;  117  Fed.  975. 

In  re  Class  (D.  C.  Tenn.).  0  Am.  B.  R.  391;   119  Fed.  509. 

"  Upon  information  and  belief  ",  insufficient. 

In  re  \Vhite  (D.  C.  Ore.),  34  Am.  B.  R.  803;  222  Fed.  688. 

In  re  Thomas   (D.  C.  la.).  1   Am.  B.  R.  515;  92  Fed.  912. 

Contra.     In  re  Jamieson   (D.  C.  111.).  9  Am.  B.  R.  681;   120  Fed.  697. 

If  verified  by  counsel,  state  reasons  why. 

In  re  Baerncoff  (svpi'a). 

In  re  Bellah.  8  Am.  B.  R.  310:   116  Fed.  69. 

In  re  Osborne   (C.  C.  A.  1st  Cir.),  8  Am.  B.  R.  165:   115  Fed.  1;  52  C.  C.  A.  595. 

In  re  Randall.  20  Am.  R.  R.  305;   159  Fed.  298. 

In  re  Peck   (D.  C.  Conn.).  9  Am.  B.  R.  747;   120  Fed.  972. 

See,  In  re  Glass  isupra),  and  Milgraum  v.  Ost  (supra). 

Sufficiency  of  verification. 

In  re  Xathanson.  19  Am.  B.  R.  56:   155  Fed.  645. 
Milgraum  v.  Ost.  12  Am.  B.  R.  3n(;:   129  Fed.  827. 
Omission  of,  may  be  supplied  by  amendment. 


436     '  FORMS  IX  BANKRUPTCY. 

In  re  Meurer,  15  Am.  B.  R.  823;   141  Fed.  445. 
In  re  Gift,  12  Am.  B.  R.  244;  130  Fed.  230. 

In  re  Brown   (C.  C.  A.  5th  Cir.),  7  Am.  B.  R.  252;   112  Fed.  49;  50  C.  C.  A.  118. 
In  re  Miller,  27  Am.  B.  R.  606;    192  Fed.  730. 

Objection  to  lack  of  verification  may  not  be  made  after  case  is  submitted. 
In  re  Robinson.  10  Am.  B.  R.  477;  123  Fed.  844. 

Objection  to  jurat  may  not  be  raised  for  first  time  on  petition  for  review. 
E.  H.  Ciodshalk  Co.  v.  Sterling  (C.  C.  A.  3rd  Cir.),  12  Am.  B.  R.  302;  129  Fed.  580; 
64  C.  C.  A.  148. 

Objections  to  discharge.     Sec.  14-b. 

( 1 1  ■■  Committed  an  otl'ense  punishable  by  imprisonment,  etc.,"  refers  to  Sec.  29-b, 
(1)    (2). 

Concealment  of  property.     29-b  (1). 

In  re  Breitling  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  126;  133  Fed.  146;  66  C.  C.  A.  212. 

In  re  Baudouine  (C.  C.  A.  2nd  Cir.),  3  Am.  B.  R.  651;  101  Fed.  574;  41  C.  C.  A. 
318;  rev'g  3  Am.  B.  R.  551;  96  Fed.  536. 

Vehon  v.  Ullman  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  435;  147  Fed.  694;  78  C.  C.  A.  82. 

As  to  what  constitutes. 

In  re  Meyers,  5  Am.  B.  R.  4;  105  Fed.  353. 

In  re  Brown.  15  Am.  B.  R.  350;  140  Fed.  383. 

In  re  Gaylord,  7  Am.  B.  R.   1;   112  Fed.  668;   50  C.  C.  A.  415. 

In  re  Quackenbush,  4  Am.  B.  R.  274;   102  Fed.  282. 

Gift  to  wife. 

In  re  Hirshowitz   (D.  C.  Pa.),  27  Am.  B.  R.  701;   194  Fed.  562. 

In  re  Guilbert  (D;  C.  Pa.),  22  Am.  B.  R.  221;  169  Fed.  149. 

In  re  Wermuth  (D.  C.  X.  Y.),  24  Am.  B.  R.  785;  179  Fed.  1009. 

In  re  McCann  et  al.   (D.  C.  Pa.),  24  Am.  B.  R.  789;   179  Fed.  575. 

A  bankrupt  may  not  plead  advice  of  counsel  for  failure  to  schedule  assets. 

In  re  Remmers,  23  Am.  B.  R.  78;  173  Fed.  484;  97  C.  C.  A.  490. 

Value  immaterial. 

In  re  Lowen.stein  (D.  C.  N.  Y.),  2  Am.  B.  R.  193. 

In  re  Becker,  5  Am.  B.  R.  438. 

Not  guiltv  of  concealment,  for  omitting  worthless  securities  from  schedules. 

In  re  McCrea  (C.  C.  A.  2nd  Cir.),  20  Am.  B.  R.  412;  161  Fed.  246;  88  C.  C.  A.  282. 

Effect  of  scheduling  property  afterwards  attempted  to  be  concealed. 

In  re  Doyle,  29  Am.  B.  R.  102;  199  Fed.  247. 

Income  from  trust  funds  where  status  is  uncertain. 

In  re  Buchanan  (C.  C.  A.  2nd  Cir.),  33  Am.  B.  R.  638;  219  Fed.  492;  135  C.  C.  A. 
204. 

"  Continuing  concealment." 

In  re  Jacobs  and  ano.,  17  Am.  B.  R.  470;  147  Fed.  797.  In  re  Griffin  Bros.,  19  Am. 
B.  R.  78;  154  Fed.  537.  in  re  Delmour,  20  Am.  B.  R.  405;  161  Fed.  589.  In  re  Alle- 
man,  20  Am.  B.  R.  745;  162  Fed.  693.  In  re  James,  23  Am.  B.  K.  703;  175  Fed.  894; 
aff'd,  James  v.  Stone  et  al..  24  Am.  B.  R.  288;  181  Fed.  476;  104  C.  C.  A.  224. 

Property  conveyed  to  third  person  in  secret  trust. 
In  re  Bemis  (D.  C.  N.  Y.i.  5  Am.  B.  R.  36. 
See,  Collier,  10th  PM.  pp.  340,  341. 

The  wrongful  act  when  once  committed  may  not  be  avoided  so  as  to  restore  the 
dishonest  bankrupt  to  his  former  status  and  enable  him  to  reap  the  benefit,  notwith- 
standing tlie  attemi)t. 

In  re  Sussman  (D.  C.  Pa.),  26  Am.  B.  R.  18;  190  Fed.  111. 


FORMS  IN  BANKRUPTCY.  437 

What  does  not  constitute  concealment  of  property  within  statute  warranting  denial 
of  discharge. 

Under  .Sees.  14-b  and  29-b,  the  fai-t  that  tlie  bankrupt  prior  to  bankruptcy  conveyed 
property,  althoujrh  fraudulently,  so  that  at  the  time  of  filinjj  his  i)etition  he  had  no 
right,  title  or  interest  therein,  does  not  constitute  a  concealment  of  property  belonging 
to  his  estate  in  bankruptcy  so  as  to  warrant  the  denial  of  his  discharge. 

In  re  Ilammerstein  (C.  C.  A.  2nd  Cir.),  26  Am.  B.  R.  757;  189  Fed.  37;  110  C.  C.  A. 
472. 

In  re  Dauchy  (D.  C.  N.  Y.),  10  Am.  B.  R.  527;  affd,  s.  c.  11  Am.  B.  R.  511;  130 
Fed.  532;  65  C.  C.  A.  78. 

In  re  Hennebry  (D.  C.  la.),  31  Am.  B.  R.  231;  207  Fed.  882. 

in  re  Wakefield   (D.  C.  N.  Y.),  31  Am.  B.  R.  42;  207  Fed.  180. 

In  re  Schickerling  (C.  C.  A.  2nd  Cir.),  30  Am.  B.  R.  312;  204  Fed.  592;  123  C.  C.  A. 
60. 

Wlicn  recording  is  required. 

In  re  McKane   (D.  C.  N.  Y.),  19  Am.  B.  R.  103;   155  Fed.  674. 

Degree  of  proof  required. 

Denial  of  a  discharge  because  of  fraudulent  concealment  of  assets  or  of  a  false  oath 
by  the  bankrupt  must  be  made  out  by  clear  and  convincing  proof  and  is  not  subject 
of  mere  suspicion  or  inference. 

In  re  Taylor,  26  Am.  B.  R.  143;   188  Fed.  479. 

Fair  preponderance. 

In  re  Bacon   (D.  C.  N.  Y.),  30  Am.  B.  R.  584;  205  Fed.  545, 

In  re  Guilbert  (D.  C.  Pa.),  22  Am.  B.  R.  221;  169  Fed.  149. 

In  re  Nelson   (D.  C.  N.  Y.),  23  Am.  B.  R.  37;  179  Fed.  320. 

In  re  Delmour  (D.  C.  jST.  Y^),  20  Am.  B.  R.  405;   161  Fed.  589. 

False  oath  or  account.     29-b  (2). 

"A  false  oath  in  the  proceeding."     \Miat  constitutes. 

In  re  Goodale,  6  Am.  B.  R.  493;   109  Fed.  783. 

In  re  Hamilton,  13  Am.  B.  R.  333;  133  Fed.  823. 

In  re  Boyden,  13  Am.  B.  R.  269;  132  Fed.  991. 

In  re  Sheinberg,  35  Am.  B.  R.  132;  223  Fed.  218. 

In  re  Luftig,  15  Am.  B.  R.  773;   166  Fed.  322. 

In  re  Nathanson  (D.  C.  N.  Y.),  19  Am.  B.  R.  56;   155  Fed.  645. 

In  re  Eaton  (D.  C.  N.  Y.),  6  Am.  B.  R.  531. 

Necessity  of  pointing  out  offense  in  specification. 

In  re  Mayer  (D.  C.  N.  Y.),  28  Am.  B.  R.  342;   195  Fed.  571. 

When  bankrupt  deemed  to  have  testified  falsely. 

In  re  Berger  (D.  C.  N.  Y.),  29  Am.  B.  R.  712;  200  Fed.  325. 

Once  a  bankru|it  has  given  material  testimony,  which  he  intends  to  be  taken  as 
such  and  which  he  knows  to  be  false,  the  oli'ense  is  complete,  whatever  may  be  his  sub- 
sequent atonement;  but  it  is  open  to  the  bankrupt  to  show  from  his  whole  testimony, 
that  his  testimony,  if  actually  false,  was  not  intended  to  mislead  upon  a  material  point. 

In  re  Marcus  &  Scherr  (D.  C.  N.  Y.),  27  Am.  B.  R.  164;  192  Fed.  743;  aH"d.  .SO  Am. 
B.  K.  176;  203  Fed.  29;   121  C.  C.  A.  393. 

In  other  proceeding. 

In  re  Blalock  (D.  C.  S.  C),  9  Am.  B.  R.  266;  118  Fed.  679. 

Contra.     In  re  J.  S.  Lesser   (C.  C.  A.  Ind.  Cir.),  36  Am.  B.  R.  833. 

In  re  Shear  (D.  C.  N.  Y.),  29  Am.  B.  R.  688;  201  Fed.  460. 

Degree  of  proof  required. 

In  re  Revkin   (D.  C  Conn.),  33  Am.  B.  R.  170;  216  Fed.  218. 

(2)  Failure  to  keep,  destruction  or  concealment  of  books. 
In  re  Alvord,  14  Am.  B.  R.  264;    13.5  F^d.  2:5i;. 


438  FORMS  IX  BANKRUPTCY. 

In  re  Boasberg.  1  Am.  B.  R.  353. 

In  re  Prager,  13  Am.  B.  R.  527;  134  Fed.  1006. 

E.  H.  Godshalk  Co.  v.  Sterling  (C.  C.  A.  3rd  Cir.),  12  Am.  B.  R.  C02;  120  Fed.  580; 
64  C.  C.  A.  148. 

In  re  Ginsberg,  12  Am.  B.  R.  459;  130  Fed.  627. 

In  re  Wolf.  19  Am.  B.  R.  70;   156  Fed.  543. 

In  re  Lewin,  18  Am.  B.  R.  72;   155  Fed.  501. 

In  re  Fades  (C.  C.  A.  7th  Cir.),  16  Am.  B.  R.  30;  143  Fed.  293;  74  C.  C.  A.  431. 

In  re  Wiedmann,  26  Am.  B.  R.  697;   188  Fed.  684. 

Use  of  numbers  instead  of  names  by  stockbroker  in  his  books. 

In  re  A.  O.  Brown  &  Co.  (C.  C.  A.  2nd  Cir.),  30  Am.  B.  R.  305;  204  Fed.  63;  122 
C.  C.  A.  377. 

Variance.     In  re  Halsell,  13  Am.  B.  R.  106;  132  Fed.  562. 

Word  "  fraudulent  "  no  longer  in  Sec.  14  of  Act. 

In  re  Linker  (D.  C.  N.  Y.),  33  Am.  B.  R.  709;  222  Fed.  173. 

In  re  Weston  (C.  C.  A.  2nd  dr.),  30  Am.  B.  R.  647;  206  Fed.  281;  124  C.  C.  A.  345. 

As  to  right  of  innocent  partner  to  discharge. 

In  re  Schachter  (D.  C  X.  Y. ) ,  22  Am.  B.  R.  389;  170  Fed.  683. 

Bankrupt   held   for   default   of   wife,  who   manages   his   business,   to   keep    books. 

In  re  Janavitz  (D.  C.  Pa.),  32  Am.  B.  R.  501;  aff'd  (C.  C.  A.  3rd  Cir.),  34  Am.  B.  R. 
105;  219  Fed.  876;  135  C.  C.  A.  546. 

Employment  of  bookkeeper. 

In  re  Marcus  &  Scherr  (C  C.  A.  2nd  Cir.),  30  Am.  B.  R.  176;  203  Fed.  29;  121 
C.  C.  A.  393;  aff'g,  s.  c.  27  Am.  B.  R.  164;   192  Fed.  743. 

Sufficiency  of  specification  following  language  of  statute  as  to  destruction,  con- 
cealment or  failure  to  keep  books  of  account. 

In  re  Magen  Bros.  (C.  C.  A.  3rd  Cir.),  27  Am.  B.  R.  729;  192  Fed.  883:  113  C.  C. 
A.  207. 

In  re  Lewis  (D.  C.  N.  Y.),  20  Am.  B.  R.  711;  163  Fed.  137. 

In  re  Brod,  21  Am.  B.  R.  426;  166  Fed.  1011. 

In  re  Patterson,  10  Am.  B.  R.  371;  121  Fed.  921. 

Failure  to  keep  books. 

Intent. —  Not  necessary  to  prove  fraudulent  intent. 

In  re  Newbury  &  Dunham  (C.  C.  A.  2nd  Cir.),  31  Am.  B.  R.  365;  209  Fed.  195;  126 
C.  C.  A.  207. 

In  re  Hanna  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  843;  168  Fed.  238;  93  C.  C.  A.  452. 

In  re  Brown  (D.  C.  N.  Y.),  29  Am.  B.  R.  73;   199  Fed.  356. 

In  re  Linker  (D.  C.  N.  Y.),  33  Am.  B.  R.  709;  222  Fed.  173. 

Intent  to  conceal  financial  condition  as  distinguished  from  intent  to  keep  imperfect 
books. 

In  re  Marcus  &  Scherr  (D.  C.  N.  Y.),  27  Am.  B.  R.  164;  192  Fed.  743;  afFd,  30 
Am.  B.  R.  176;  203  Fed.  29;   121  C.  C  A.  393. 

In  re  Garrison  (C.  C.  A.  2nd  Cir.),  17  Am.  B.  R.  831;  149  Fed.  178;  79  C.  C.  A.  126. 

In  re  Idzall  (D.  C.  la.),  2  Am.  B.  R.  741;  96  Fed.  314. 

In  re  Brockman  (D.  C.  Ky.),  21  Am.  B.  R.  251;  168  Fed.  1015. 

Contra.     In  re  Alvord   (D.  C.  Conn.),  14  Am.  B.  R.  264;   135  Fed.  236. 

Presumption  of  intent. 

In  re  Sims,  32  Am.  B.  R.  564;  213  Fed.  992. 
In  re  Schachter  (D.  C.  N.  Y.),  22  Am.  B.  R.  389;  170  Fed.  683. 
McKibbon,  Driscoll  and  Dorsey  v.  Haskell  (C.  C.  A.  8th  Cir.),  28  Am.  B.  R.  588;  198 
Fed.  639;  117  C.  C.  A.  343. 


FORMS   IN   BAXKHUPTCY.  439 

In  re  Goldich  (D.  C.  Pa.),  21  Am.  B.  R.  249;   16-t  Fed.  882. 
In  re  Hodge  (D.  C.  N.  Y.),  30  Am.  B.  R.  522;  205  Fed.  824. 

Proof  of  intent. 

Must  aliiiu8t  always  be  indirect. 
In  re  Schachter  {supra}. 

In  re  Feldstein  (C.  C".  A.  2d  Cir.),  8  Am.  B.  R.  160;  115  Fed.  269;  53  C.  C.  A.  479; 
afT'g,   s.   c.   6   Am.   B.   R.   458. 

Mere  suspicion  not  enough. 

In  re  Howard  (C.  C.  x\.  2d  Cir.),  24  Am.  B.  R.  841;  180  Fed.  309;   103  C.  C.  A.  545. 
In  re  Keefer  (D.  C.  N.  Y.),  14  Am.  B.  R.  290;   135  Fed.  885. 
In  re  Hamilton  (D.  C.  N.  Y.),  13  Am.  B.  R.  333;  133  Fed.  82.}. 

"  Intent  to  eoneeal  financial  condition  "  must  be  alleged  in  sj)C(ification,  but  same 
is  amendable. 

In  re  Biadin  (D.  C.  Pa.),  24  Am.  B.  R.  793;  179  Fed.  768. 
E.  H.  Godshalk  Co.  v.  Sterling  (C.  C.  A.  3d  Cir.)     {supra) 

(3)     Obtained  money  or  property  on  credit  upon  materially  false  statement,  etc. 

In  re  Terens  (D.  C.  Wis.),  22  Am.  B.  R.  895;   172  Fed.  938. 

In  re  Levey,  13  Am.  B.  R.  312;  133  Fed.  572. 

In  re  Harr,  16  Am.  B.  R.  213;  143  Fed.  421. 

In  re  Miller,  27  Am.  B.  R.  606;   192  Fed.  730. 

False  statement  made  as  officer  of  corporation. 

In  re  Bleyer  (D.  C.  N.  Y.),  32  Am.  B.  R.  98;  210  Fed.  391  ;  afT'd,  s.  c.  33  Am.  B.  R. 
76;  215  Fed.  896;  132  C.  C.  A.  236. 

Where  bankrupt  has  obtained  goods  by  means  of  a  false  statement  there  can  be 
no  discharge  though  the  statement  was  not  intentionally  false. 

In  re  Shaffer  (D.  C.  W.  Va.),  22  Am.  B.  R.  147;  169  Fed.  724;  aff'd,  Shaffer  v.  The 
Koblegard  Co.   (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  898;    183  Fed.  71;    105  C.  C.  A.  363. 

Effect  of  subsequent  release  from  debts  omitted  from  statement. 

Josephs  V.  Powell  and  Co.  (C.  C.  A.  2nd  Cir.),  32  Am.  B.  R.  222;  213  Fed.  627;  130 
C.  C.  A.  291 ;  rev'g  In  re  Joseplis,  30  Am.  B.  R.  586;  205  Fed.  548. 

What  insufficient. 

In  re  Sabsevitz  (D.  C.  N.  Y.),  28  Am.  B.  R.  623  and  foot  note;  197  Fed.  109. 

Not  proximate  cause  of  loss. 

In  re  Braverman  (D.  C.  N.  Y.),  28  Am.  B.  R.  513;   199  Fed.  863. 

Morris  v.  Talcott,  96  X.  Y.  100. 

'•  The  right  to  object  on  this  ground  not  cdnflned  to  the  person  defraudi^d  but 
belongs  to  anj^  party  in  interest." 

In  re  Carton  and  Co.,  17  Am.  B.  R.  343;   148  Fed.  63. 

See,  In  re  Steed.  6  Am.  B.  R.  73;   107  Fed.  682. 

In  re  Dresser  and  Co.  (C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  561;  146  Fed.  383;  76  C. 
€.  A.  655. 

In  re  Pincus.  17  Am.  B.  R.  331  ;  147  Fed.  621. 

In  re  Pfalfinger.  19  Am.  B.  R.  309;  154  Fed.  328;  mod'fg  19  Am.  B.  R.  41. 

In  re  Brener,  20  Am.  B.  R.  644;  166  Fed.  930. 

In  re  Lewis  (D.  C.  N.  Y.),  20  Am.  B.  R.  711 ;  163  Fed.  137. 

In  re  Miller  (D.  C.  la.),  27  Am.  B.  R.  606. 

In  re  Reed  (D.  C.  Okla.),  26  Am.  B.  R.  286:  191  Fed.  920. 

Omission  of  loans  made  by  relatives. 

Presumption  of  intent  to  deceive. 

In  re  Arenson  (1).  C.  N.  J.),  28  Am.  B.  R.  113;  195  Fed.  609.    ' 

In  re  Bn-ner  I  D.  C.  N.  Y.),  20  Am.  B.  R.  644;  166  Fed.  930. 


440  FORMS  IN  BANKRUPTCY. 

As  to  non-participating  partner. 

False  statement  in  writing  to  obtain  credit  made  by  one  partner,  discliarge  refiifed 
to  innocent  partner. 

In  re  Schwartz  and  Co.  (D.  C.  N.  Y.),  28  Am.  B.  R.  670;  201  Fed.  166. 

Compare  In  re  Neyland  and  McKeithen  (D.  C.  Miss.),  24  Am.  B.  R.  879;  184  Fed. 
144. 

Frank  v.  Michigan  Paper  Co.  (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  261;  179  Fed.  776; 
103  C.  C.  A.  268. 

In  re  Cantor,  26  Am.  B.  R.  859. 

But  see  on  general  rule. 

In  re  Dresser,  13  Am.  B.  R.  616;  144  Fed.  318;  aff'd,  16  Am.  B.  R.  561;  146  Fed. 
383;  76  C.  C.  A.  655. 

Hardie  v.  Swaflford  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  457;  165  Fed.  588;  91  C.  C.  A. 
426;  rev'g  In  re  Hardie  and  Co.   (D.  C.  Texas),  16  Am.  B.  R.  313;   143  Fed.  553. 

Ragan,  Malone  and  Co.  v.  Cotton  and  Preston  (C.  C.  A.  5th  Cir.), 29  Am.  B.  R.  597; 
200  Fed.  546;  118  C.  C.  A.  640;  rev'g  In  re  Cotton  and  Preston  (D.  C.  Ga.),  25  Am.  B. 
R.  517;   183  Fed.  181. 

See  Collier  (10th  Ed.),  p.  355. 

False  statement  to  a  commercial  agency. 

In  re  Russell  (C.  C  A.  2nd  Cir.),  23  Am.  B.  R.  850;  176  Fed.  253;  100  C  C  A.  77. 

In  re  Kyte  (D.  C.  Pa.),  23  Am.  B.  R,  414;  174  Fed.  867. 

In  re  Carton  and  Co.  {supra). 

In  re  Simon  (D.  C.  N.  Y.),  29  Am.  B.  R.  808;  201  Fed.  1004. 

Must  appear  that  agency  was  in  some  sense  the  representative  of  the  creditor  from 
whom  money  or  property  was  obtained  or  that  the  representations  made  to  agency 
were  in  some  way  communicated  to  or  relied  upon  by  the  creditor. 

In  re  Kretz  (D.  C.  Wash.)    32  Am.  B.  R.  365;  212  Fed.  784. 

In  re  Foster   (D.  C.  Miss.)   24  Am.  B.  R.  368. 

In  re  Witman  (D.  C.  X.  Y.)    32  Am.  B.  R.  780;  215  Fed.  286. 

General  statements  not  specifically  asked  for. 

In  re  Zoffer  (C.  C.  A.  2nd  Cir.),  33  Am.  B.  R.  652;  211  Fed.  936;  128  C.  C.  A.  434. 

Intent  to  deceive  may  be  inferred. 

In  re  Augspurger  (D.  C.  0.),  25  Am.  B.  R.  83;   181  Fed.  174. 

Statement  to  commercial  agency. 

Effect  of. 

In  re  Augspurger  (supra). 

False  statement  in  writing  made  by  bankrupt's  bookkeeper  held  sufficient  to  bar 
discharge  under  Section  14  (3). 

In  re  Savarese  (C.  C.  A.  2nd  Cir.)    31  Am.  B.  R.  758;  209  Fed.  830;  126  C.  C.  A.  554. 
In  re  Clountier  Bros.,  22S  Fed.  569. 
Made  by  agent  held  sufficient. 

In  re  Heed  (D.  C.  Okla.)    26  Am.  B.  R.  286;  191  Fed.  920. 

^« 

(4)     Made  a  fraudulent  transfer. 

In  re  Berry  and  Co.,  15  Am.  B.  R.  360;    146  Fed.  623. 

In  re  Gift,  12  Am.  B.  R.  244;  130  Fed.  230. 

In  re  Miller,  14  Am.  B.  R.  329;  135  Fed.  591. 

In  New  York  a  conveyance  made  before  the  four  months'  period  with  intent  to 
hinder,  delay  and  defraud  creditors  but  recorded  witliin  such  period  may  be  pleaded 
as  a  ground  of  objection. 

In  re  McKane,   19  Am.  B.  R.  103;   155  Fed.  674. 

Intent  to  prefer  and  intent  to  defraud. 


FORMS  IN  BANKRUPTCY.  441 

In  re  Julius  Bros.  (C.  C.  A.  l2nd  Cir.),  32  Am.  H.  K.  0'J9;  217  Fed.  3;  133  C.  C.  A. 
328;  rev'g,  s.  c.  31  Am.  B.  R.  132;  209  Fed.  371. 

When  the  specifications  are  entirely  upon  the  ground  tiiat  bankrupt  has  conveyed 
property  with  intent  to  hinder,  delay  and  defraud  creditors  evidence  of  concealment 
of  property  is  irrelevant. 

In  re  Bouck,  28  Am.  B.  R.  378;   1<J9  Fed.  453. 

Se;-  rule  as  stated  in  Van  Iderstein  v.  National  Discount  Co.  (C.  C.  A.  2nd  Cir. ), 
23  Am.  B.  R.  345;   174  Fed.  518;  98  C.  C.  A.  30U;  alld,  227  U.  S.  575;  57  L.  Ed.  652. 

A  ))reference,  since  amendment  of  1903,  no  bar. 

In  re  Maher  et  al.  (D.  C.  Mass.),  16  Am.  B.  R.  340;  144  Fed.  503;  aff'g  15  Am. 
B.  R.  7SG. 

In  re  Friedrich  (D.  C.  Minn.),  28  Am.  B.  R.  656;  199  Fed.  193. 

In  re  Bouck  (supra). 

'Jransfers  in  violation  of  Bulk  Sales  Law  of  State. 

In  re  De  Nomme,  32  Am.  B.  R.  744  and  foot  note;  214  Fed.  671. 

(5)  A  previous  discharge  in  voluntary  proceedings  within  six  years. 
See,  In  re  Neely,  12  Am.  B.  R.  407;  134  Fed.  667. 

In  re  Lathenmaier  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  325;  203  Fed.  32;  121  C.  C.  A. 
368. 

As  to  when  time  begins  to  run. 

In  re  Little  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  640;  137  Fed.  521;  70  C.  C.  A.  105. 

In  re  Jordan,  15  Am.  B.  R.  449;  142  Fed.  292. 

In  re  Smith,  19  Am.  B.  R.  63;  155  Fed.  688. 

In  re  Haase,  17  Am.  B.  R.  528;  155  Fed.  553;  afl'd,  s.  c.  (C.  C.  A.  2nd  Cir.),  21  Am. 
B.  R.  928;   164  Fed.  1022;  90  C.  C.  A.  667. 

Measured  from  date  of  first  discharge  to  the  time  of  tiling  the  second  petition  for 
discharge  and  not  to  the  date  of  the  granting  thereof. 

In  re  Dunphy   (D.  C.  Me.),  30  Am.  B.  R.  760;  206  Fed.  680. 

See,  Remington  on  Bankruptcy,  p.  2399. 

(6)  Refusal  to  obey  a  lawful  order  or  to  answer  a  material  question  approved  by 
the  Court. 

In  re  Nachman,  8  Am.  B.  R.  180;  114  Fed.  995. 

In  re  Dresser  (D.  C.  N.  Y.),  13  Am.  B.  R.  616;  144  Fed.  318;  aff'd,  16  Am.  B.  R. 
561;   146  Fed.  383;  76  C.  C  A.  655. 

Broomfield  v.  Lehman,  215  Fed.  97. 

Refusal  to  answer  material  question  upon  ground  that  answer  would  tend  to 
incriminate,  such  election  suflJciont  to  bar  discharge  and  it  is  immaterial  that  bankrupt 
subsequently  answered. 

In  re  Schwartz  and  Co.,  28  Am.  B.   R.  670;  201   Fed.  166. 

Refusal  to  answer  incriminating  questions. 

In  re  Weinreb  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  387;  153  Fed.  363;  82  C.  C.  A.  439; 
certiorari  denied,  203  U.  S.  588;  51  L.  Ed.  329. 

Evasive  answers. 

In  re  Fanning  (D.  C.  N.  Y.),  19  Am.  B.  R.  55;  155  Fed.  701. 

In  re  Cabus  (D.  C.  X.  Y.),  6  Am.  B.  R.  156. 

Dischargeable  debts. 

Judgment  in  conversion. 

Fechter  v.  Postel  (N.  Y.),  17  Am.  B.  R.  316;   114  App.  Div.  (N.  Y.)  776. 

In  re  Haie,  20  Am.  B.  R.  633;    161   Fed.  387. 

In  re  Ennis  and  Stoppani  (D.  C.  N.  Y.),  22  Am.  B.  R.  679;  171  Fed.  755. 

Ma-xwell  v.  Martin.  22  Am.  B.  R.  93;  130  App.  Div.  (N.  Y.)  80. 


442  FORMS  IN  BANKRUPTCY. 

In  re  Floyd,  Crawford  and  Co.   (D.  C.  N.  Y.),  15  Am.  B.  K.  277. 

Wood  V.  Fisk  and  ano.  (X.  Y.  App.  Div.),  31  Am.  B.  R.  824;  141  N.  Y.  Supp.  342; 
156  App.  Div.  (N.  Y.)  497;  aff'd,  s.  c.  35  Am.  B.  R.  46. 

Conversion  by  pledgor  of  fjoods  held  as  bailee. 

In  re  Toklas  Bros.  (D.  C.  N.  Y.),  29  Am.  B.  R.  709;  201  Fed.  377. 

Ulner  v.  Doran  (N.  Y.  App.  Div.),  34  Am.  B.  R.  410;  167  App.  Div.  (X.  Y.),  259; 
152  N.  Y.  Supp.  655. 

When  conversion  by  stockbrokers  held  to  be  '"  wilful  and  malicious  injury  to 
property,"  under  Section  17  (2). 

Kavanaugh  v.  Mclntyre  et  al.  (N.  Y.  Ct.  of  App.),  31  Am.  B.  R.  712;  210  X.  Y.  175; 
aff'g  151  App.  Div.  (N.  Y.)  910;  135  N.  Y.  Supp.  1120. 

In  re  Arnao  (D.  C.  N.  Y.),  32  Am.  B.  R.  88;  210  Fed.  395. 

Judgment  for  negligence  except  for  wilful  and  malicious  injuries. 

In  re  Wakefield,  31  Am.  B.  R.  42;  207  Fed.  180. 

In  re  Grout  (Vt.  Sup.  Ct.),  33  Am.  B.  R.  789. 

Xeither  the  judgment  nor  allegations  of  the  complaint  are  conclusive. 

Hiteshue  v.  Jones  (Pa.  Ct.  of  Com.  PI.),  28  Am.  B.  R.  854. 

Non-dischargeable  debts. 

Judgment  for  assault  and  battery,  false  imprisonment  and  malicious  prosecution. 

McChristal  v.  Clisbee,  16  Am.  B.  R.  838;  109  Mass.  120. 

Judgment  for  assault  entitled  to  full  faith  and  cri-dit. 

Peters  v.  United  States  ex  rel.  Kelley  (C.  C.  A.  7th  Cir.),  24  Am.  B.  R.  206;  177  Fed. 
885;  101  C.  C.  A.  99;  rev'g  In  re  Kelly,  22  Am.  B.  R.  177;  166  Fed.  613. 

Judgments  for  malicious  and  wilful  injuries  to  person  and  property  of  another. 

Flanders  v.  Mullin,  18  Am.  B.  R.  708;  80  Vt.  124. 

Thompson  v.  Judy  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  154;  169  Fed.  553;  95  C. 
C.  A.  51. 

In  re  Halper,  31  Am.  B.  R.  283;  82  Misc.  (X.  Y.)  205. 

Judgments  for  fraud  and  deceit. 

In  re  Benoit,  20  Am.  B.  R.  270;  124  App.  Div.  (X.  Y.)  142,  holding  that  the  fraud 
and  deceit  must  have  been  the  gravamen  of  the  action. 

Caddy  v.  ^Vitt  (Tex.  Civ.  App.).  27  Am.  B.  R.  457. 

In  re  Shepardson   (1).  C.  Vt.),  34  Am.  B.  R.  284;  220  Fed.  186. 

Judgment  for  libel. 

Xational  Surety  Co.  v.  Medlock  (Ga.  Ct.  of  App.),  19  Am.  B.  R.  654.  McDonald  v. 
Brown,  10  Am.  B.  R.  58. 

A  judgment  for  costs  in  action  for  slander  is  a  liability  created  wholly  by  statute 
and  is  dischargeable. 

Drake  v.  Vernon  (So.  Dak.  Sup.  Ct.),  25  Am.  B.  K.  69. 

Contra.     In  re  Dowie  (D.  C.  X.  Y.),  29  Am.  B.  R.  .338;  202  Fed.  816. 

Judgment  on  forfeited  bail  bond. 

In  re  Weber  (X.  Y.  Ct.  of  App.),  32  Am.  B.  R.  730;  212  X.  Y.  290:  affg  159  App. 
Div.   (N.  Y.)   902;   143  X.  Y.  Supp.  1149. 

Fine  by  State  court. 

People  ex  rel.  Otterstedt  v.  Sheriff,  Kings  County,  31  Am.  B.  R.  84;  206  Fed.  566. 

Judgment  for  fraud  under  Section  17  means  positive  fraud,  not  implied  fnuid. 

It  must  involve  moral  turpitude. 

L.  and  X.  R.  R.  Co.  v.  Bryant  (Ky.  Ct.  of  App.).  28  Am.  B.  R.  867. 

Claim  for  legal  services  obtained  by  false  representation  not  w!tliin  Section  17-a 
(2)  ;   not  regarded  as  property. 

Gleason  v.  Thaw  (C.  C.  A.  2nd  Cir.),  28  Am.  B.^R.  473:  196  Fed.  359;  116  C.  C.  A. 
179;  aff'd,  3.  c.  34  Am.  B.  R.  177;  236  U.  S.  558;  59  L.  Ed.  717. 


FORMS  IN  BANKRUPTCY.  443 

Obtaining  property  by  false  pretenses.  Action  for  deceit  may  be  thereafter 
brought. 

Talcott  V.  Friend  et  al.  (C.  C.  A.  7th  Cir.),  24  Am.  B.  R.  708;  179  Fed.  676;  103 
C.  C.  A.  80;  atl'd,  Friend  v.  Talcott  (U.  S.  Sup.),  30  Am.  B.  R.  31;  228  U.  S.  27;  57  L. 
Ed.  718. 

Wilful  and  malicious  injury  under  Section  17-a  (2). 

Wliat  constitutes  malice. 

In  re  Munro  (D.  C.  N.  Y.),  28  Am.  B.  R.  369;  195  Fed.  817;  and  on  rehearing,  s.  c. 
28  Am.  B.  R.  664;  197  Fed.  450. 

Obtaining  property  by  false  pretenses  or  false  representations. 

J.  K.  Orr  Shoe  Co.  v.  Upshaw  and  Powledge,  30  Am.  B.  R.  534. 

Atlanta  Skirt  :\Ifg.  Co.  v.  Jacobs,  25  Am.  B.  R.  895. 

Embezzlement  and  misappropriation  of  funds,  in  a  fiduciary  capacity. 

Watertown  Carriage  Co.  v.  Hall  (N.  Y.  Ct.  of  App.),  11  Am.  B.  R.  15;  aff'g  10  Am. 
B.  R.  23. 

In  re  Butts,   10  Am.  B.  R.  16;   120  Fed.  966. 

Tindle  v.  Birkett.  18  Am.  B.  R.  121;  205  U.  S.  183;  51  L.  Ed.  762. 

Harper  v.  Rankin  iC.  C.  A.  4th  Cir.),  15  Am.  B.  R.  608;  141  Fed.  623;  72  C.  C. 
A.  320;  aff'g  In  re  Harper  |D.  C.  Va.),  13  Am.  B.  R.  430;  133  Fed.  970. 

An  "  officer  "  of  a  corporation. 

In  re  fiulick  (D.  C.  X.  Y.),  26  Am.  B.  R.  362;  186  Fed.  350. 

See.  In  re  Wenman  (D.  C.  N.  Y.),  16  Am.  B.  R.  690;  153  Fed.  910. 

"  Fiduciary  capacity,"  definition  of. 

Karger  v.  Orth  (Sup.  Ct.  Minn.),  27  Am.  B.  R.  212. 

In  re  Adler  (C.  C.  A.  2nd  Cir.),  18  Am.  B.  R.  240;  152  Fed.  422;  81  C.  C.  A.  564. 

In  re  Camelo.  28  Am.  B.  R.  353;  195  Fed.  632. 

Keefauver  v.  Hevenor  (N.  Y.  App.  Div.),  32  Am.  B  .R.  580;  163  App.  Div.  (N.  Y.) 
531 ;  148  N.  Y.  Supp.  434. 

Crawford  v.  Burke,  195  U.  S.  176;  49  L.  ed.  147;  12  Am.  B.  R.  659. 

Misappropriation  of  partnership  funds. 

Inge  V.  Stilhvell  (Kas.  Sup.  Ct.),  28  Am.  B.  R.  892. 

Failure  of  agent  to  account  for  proceeds  of  property  sold,  not  within  section. 

American  Agricultural  Chemical  Co.  v.  Berry  (Me.  Sup.  Ct.),  31  Am.  B.  R.  142. 

Contra.  Williams  v.  Virginia-Carolina  Cliemical  Co.  (Ala.  Sup.  Ct.),  31  Am.  B. 
R.  64. 

Judgment  for  alienation  of  affections. 

Leicester  v.  Hoadley,  9  Am.  B.  R.  318;  66  Kan.  172;  71  Pac.  318. 

Judgment  for  Crim.  Con.  (N.  Y.  Stat.). 

Tinker  v.  Colwell  (U.  S.  Sup.),  11  Am.  B.  R.  508;  193  U.  S.  473;  48  L.  Ed.  754; 
aff'g  7  Am.  B.  R.  334;  169  X.  Y.  531. 

Judgment  in  parents'  action  for  seduction  of  daughter. 

In  re  Freche,  6  Am.  B.  R.  479;  109  Fed.  620. 

See,  In  re  Sullivan,  2  Am.  B.  R.  30. 

Judgment  for  breacii  of  promise  where  tliere  is  no  allegation  of  seduction  in 
complaint. 

Bond  V.  Milliken.  17  Am.  B.  R.  811;  109  N.  W.  774. 

Finegan  v.  Hull  (X.  Y.  Sup.  Ct.),  6  Am.  B.  R.  648;  35  Misc.  (X.  Y.)  773. 

When  coupled  with  an  allegation  of  seduction  not  dischargeable  and  form  of 
judgment  immaterial. 

In  re  Warth  (C.  C.  A.  2nd  Cir.),  29  Am.  B.  R.  210;  200  Fed.  408;  118  C.  C.  A.  560; 
rev'g,  s.  c.  28  Am.  B.  R.  41 ;  196  Fed.  571. 

In  re  (irounds  (D.  C.  X.  Y.),  32  Am.  B.  R.  774;  215  Fed.  280. 

In  re  Maples  (D.  C.  Mont.),  5  Am.  B.  R.  426;   105  Fed.  919. 


444  FORMS  IN  BANKRUPTCY. 

Contra.  Disler  v.  McCauley  (N.  Y.  App.  Uiv.),  7  Am.  B.  R.  138;  66  App.  Div. 
(X.  V.)  42;  rev'g  6  Am.  B.  R.  491. 

Arrears  of  alimony. 

Craine  v.  C'laine  (Ky.  C.  C),  19  Am.  B.  R.  76. 

Not  affected  by  discharge. 

Young  V.  Young  (N.  Y.  Sup.  Ct.),  7  Am.  B.  R.  171;  35  Misc.  (N.  Y.)  335. 

Turner  v.  Turner,  6  Am.  B.  R.  289;  108  Fed.  785. 

Not  dischargeable. 

Maier  v.  Maier  (X.  Y.  App.  Term.),  28  Am.  B.  R.  S58;  77  Misc.   (N.  Y.)   145. 

Contra.     Arrington  v.  Arrington   (No.  Car.  Sup.  Ct. ),  10  Am.  B.  R.  103. 

Judgment  for  alimony  in  New  York  State  enforcing  a  foreign  judgment  for  alimony 
not  dischargeable. 

In  re  Williams  et  al.  (N.  Y.  Ct.  of  App.),  31  Am.  B.  R.  717;  208  N.  Y.  32:  aff'g  152 
App.  Div.  (N.  Y.)  385;  136  N.  Y.  Supp.  707. 

Contract  with  divorced  wife  for  support  not  released. 

Dunbar  v.  Dunbar  (U.  S.  Sup.),  10  Am.  B.  R.  139;  190  U.  S.  340;  aff'g  180  Mass. 
170. 


FORMS  IN  BANKRUPTCY. 


445 


FORM  No.  275. 


EXCEPTIONS  TO  SPECIFICATIONS. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Iiankruj)t. 


No. 


,  the  bankrupt  herein,  by ,  his  attorney, 

hereby  excepts  to  the  specifications  filed  herein  in  behalf  of , 

as  follows: 

1.  lie  excepts  to  the  first  of  the  said  specifications  on  the  ground  that  the 
same  is  indefinite,  insufficient,  and  does  not  state  an  offense  under  the  United 
States  Bankruptcy  Act  which  would  be  a  bar  to  the  discharge  of  the  bankrupt, 
to  wit : 

2.  He  excepts  to  the  specification  numbered  " "on  the  ground 

that  the  allegations  contained  in  the  same  do  not  contain  any  specific  averment 
of  fact;  that  the  said  specification  is  vague,  indefinite  and  general;  that  the 
.said  specification  does  not  raise  any  issue  that  can  be  met  by  tlie  bankrupt 
herein,  as  the  said  specification  fails  to  state  what  statements  were  made  by  the 
bankrupt  which  are  stated  to  have  been  knowingly  false  when  made. 

.'1.  That  the  said  specifications  liercinbefore  excepted  to  should  be  dismissed 
and  stricken  out. 

Dated , ,  19.  .. 

J 

Counsel  for  hdnkrupt, 
Street, 

NOTES. 

In  re  Wittenberg-.  20  Am.  T!.  TJ.  3'.)S;    IHO  I'ed.  091. 
Faihiie  to  except  waives  dc feels. 


446  FORMS  IN  BANKRUPTCY. 

Tn  re  Baerncopf,  D  Am.  B.  R.  133;   117  Fed.  975. 
See,  in  re  Crist,  9  Am.  B.  R.  1;  116  Fed.  1007. 

Insufficiency  of  specifications  in  stating  any  statutory  ground  of  objection  to  dis- 
charge, not  waived  b}'  failure  of  bankrupt  to  except  thereto. 

In  re  McCarthy  (D.  C.  N.  Y.),  22  Am.  B.  R.  498;  170  Fed.  859. 

Practice  in  Western  District  of  Kentucky. 

In  re  Daugherty,  26  Am.  B.  R.  550;  189  Fed.  239. 


FORM  No.  276. 

PETITION  TO  AMEND   SPECIFICATIONS. 


United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlriipf. 


No. 


To  the  District  Court  of  the  United  States  for  the    District 

of : 

The  petition  of respectfully  shows : 

1.  That  he  is  an  objecting  creditor  herein,  whose  claim  has  been  duly  filed 
and  allowed. 

2.  That was  duly  adjudicated  herein  on  the 

day  of ,  19 .  . ,  and  thereafter  on  the day  of 

19.  .  filed  his  petition  praying  for  a  discharge  from  h.is  debts. 

3.  That  your  petitioner  on  the day  of , 

19.  . .,  duly  filed  specifications  of  objection  to  such  discharge  upon  the  following 
grounds : 

First :    


Second 


A.  That  the  bankrupt  has  excepted  to  the  specification  numbered 

on  the  ground  that  "  same  is  indefinite,  too  general  and  dope  not  make 
sufficient  averment  of  fact." 

.").  That  since  your  petitioner  verified  and  filed  his  said  specifications, 
additional  facts  as  to  the  bankrupt's  act^.  conduct  and  property,  have  come  to 


FORMiS  IN  BANKRUPTCY.  447 

his  knowledge,  and  jjetitioner  is  desirous  of  amending  his  said  specitications  in 
the  following  particulars : 

a.    B}-  adding  more  specific  averment-s  of  fact  to  specifications  numbered 


h.  By  adding  to  said  specifications,  a  new  specification  l)ased  upon  the 
following  facts  discovered  by  petitioner,  since  the  filing  of  said  speeilications. 

C,  That  no  previous  application  has  been  made  for  this  order. 

AVherefore,  your  petitioner  respectfully  prays  for  an  order  permitting  him  to 
amend  his  said  specifications  as  above  set  forth,  and  for  such  other  and  further 
relief  as  may  he  just  and  proper. 


Petitioner. 
[Verification.] 

NOTES. 

Amendments  of  specifications. 

In  TV  (,Hiatkenbusli,  4  Am.  B.  R.  274;   102  Fed.  282. 

In  re  Carley,  8  Am.  B.  R.  720;  117  Fed.  130. 

In  re  Hi.\on,  1  Am.  B.  R.  610;  93  Fed.  440. 

In  re  Morgan.  4  Am.  B.  R.  402;  101  Fed.  982. 

In  re  Mudd.  5  Am.  B.  R.  242;  105  Fed.  348. 

In  re  Xathanson,  18  Am.  B.  252;  152  Fed.  585. 

In  re  Osborne  (C.  C.  A.  1st  Cir.).  8  Am.  B.  R.  165;  115  Fed.  1;  .52  C.  C.  A.  595. 

In  re  Hi-ndrick,  14  Am.  B.  R.  795;   138  Fed.  473. 

In  re  Wittenberg,  20  Am.  B.  R.  398;   160  Fed.  991. 

In  re  Holman,  1  Am.  B.  R.  600:  92  Fed.  512. 

In  re  Glass.  9  Am.  B.  R.  391;  119  Fed.  509. 

In  re  Hanna  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  843;   168  Fed.  238;  93  C.  C.  A.  452. 

When  conforming  to  proof  should  be  permitted. 

In  re  Mintzer,  28  Am.  B.  R.  743:  197  Fed.  647. 

Motions  to  amend  should  be  made  before  the  judge. 

In  re  Peck.  9  Am.  B.  R.  747;   120  Fed.  972. 

Referee  no  power  to  grant.     In  re  Wolfensohn,  5  Am.  B.  R.  60.     Inre  Kaiser,  :j 
Am.  B.  R.  767;  !t9  Fed.  GS9. 

When  amendment  not  allowed. 

In  re  Bromley.  18  Am.  B.  R.  227;  152  Fed.  493. 

Wlien  there  has  been  laches. 

Kentucky  Nat.  Bank  v.  Carley  (C.  C.  A.  3rd  Cir.),  10  Am.  B.  R.  375:  121  Fed.  822; 
58  C.  C.  A.  158. 

Adding  a  new  issue  not  embraced  within  original  specitications  and  wlien  tlie  time 
limited  by  General  Order  XXXII  has  e.xpired. 

In  re  Johnson  (D.  C.  So.  Dak.).  27  Am.  B.  R.  644:   192  Fed.  356. 

Objections  to  suflieiency  waived  unless  made  before  trial. 

In  re  Osborne  (C.  C.  A.  1st  Cir.)   (supra). 

In  re  Baldwin,  9  Am.  B.  R.  591:   119  Fed.  796. 

In  re  Servis.  15  Am.  B.  R.  271:  140  Fed.  222. 

In  re  Baerncopf.  9  Am.  B.  R.  133;  117  Fed.  975. 

Contra.     In  re  Crist,  9  Am.  B.  R.  1;   116  Fed.   1007. 


448  FORMS  IN  BANKRUPTCY. 


FORM  No.  277. 

ORDER  AUTHORIZING  TRUSTEE   TO   FILE   OBJECTIONS   TO 
BANKRUPT'S  DISCHARGE. 

District  Court  of  the  United  States, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl-rupt. 


No. 


Trustee  in  bankruptcy  herein  having  made  application 

for  leave  to  interpose  objections  to  the  discharge  of  the  bankrupt  herein  and 
a  meeting  of  creditors  having  been  duly  called  and  held  herein  and  the  said 
creditors  having  voted  at  said  meetiiig  to  authorize  the  trustee  to  file  such 
objections,  it  is  on  motion  of ,  attorney  for  said  trustee, 

Ordered,  that  trustee  herein  be  and  he  hereby  is  author- 
ized to  interpose  specifications  of  objection  to  the  discharge  of  the  bankrupt 
herein. 

Dated ,19... 


Referee  in  Bankruptcy. 


NOTES. 


When  trustee  may  file  specifications.     Sec.  14-b  (6). 

When  trustee  may  file  "  as  a  party  in  interest." 

In  re  Levey,  13  Am.  B.  R.  312;  133  Fed.  572. 

In  re  Hockman   (D.  C.  Pa.),  30  Am.  B.  R.  921;  205  Fed.  330. 

What  authorization  necessary. 

In  re  Reiff.  29  Am.  B.  R.  753;  205  Fed.  399. 

Power  of  referee  to  impose  terms. 

In  re  Churchill   (D.  C.  Wis.),  28  Am.  B.  R.  603;   197  Fed.  114. 


FORMS  IN  BANKRUPTCY. 


M9 


FORM  No.  278. 

ORDER  OF  REFERENCE  TO  SPECIAL.  MASTER. 

ITnited  States  District  Court, 

for  the District  of , 

In  Bankruptcy. 


■^ 


In  the  Matter 

OP 


y    No. 


lianhrnpt. 


Application  having  been  made  by  the  above  named  bankrupt  for  a  discharge 

herein  and  a  hearing  held  thereon,  and ,  a  creditor  of  said 

bankrupt,  having  appeared  by   Esq.,  his  attorney,  in 

opposition,  and  tiled  specifications  of  objection  thereto;  now,  on  motion  of 
Esq.,  attorney  for ,  it  is 

Ordered,  that  the  issues  raised  by  such  application  and  such  specifications  of 

objection  be  referred   to    Esq.,   as  special   master,   for 

examination,  testimony  and  report. 

Witness,  the  Honorable   ,  Judge  of  the  said  court,  and 

the  seal  thereof,  at  the  City  of ,  in  said  district  on  the 

day  of ,19... 


V.J. 


NOTES. 


Reference  to  special  master. 

See  sec.  38-a,   (4 ), 

General  Order,  XII,  (3). 

Keferet'  a.s  such,  no  jurisdiction. 

Therefore  it  is  almost  imiversal  to  refer  contested  discharpres  to  him  as 
Special  Master  to  hear  and  report. 

In  Southern  district  of  New  York  and  other  districts,  the  order  of  reference 
is  stamped  on  the  papers,  in  others  an  order  of  reference  as  above  is 
used. 

Fellows  V.  Freudenthal,  4  Am.  B.  R.  490;  102  Fed.  731;  In  re  McDuff,  4  Am. 
B.  R.  110;   101  Fed.  241;   Tn  re  Rauchenplat,  9  Am.  B.  R.  763. 

In  re  Johnson,  19  Am.  B.  R.  814;   1.58  Fed.  342. 

In  re  Elby,  19  Am.  B.  R.  734;   157  Fed.  935. 


450 


FORMS  IN  BANKRUPTCY. 


Judge  may  in  liis  discretion  appoint  a  person  otluT  tlian  the  referee  in  charge  of 
proceeding  to  lioar  same. 

In  re  Uillardon   {D.  C.  Pa.),  26  Am.  B.  K.  103;   187  Fed.  289. 

Special  Master  may  pass  on  relevancy  of  testimony  or  materiality  of  evidence. 

In  re  Kaiser,  3  Am.  B.  R.  767;  99  Fed.  689. 

Special  Master  entitled  to  reasonable  compensation. 

In  re  Gillardon  (supra). 


FORM  No.  279. 

NOTICE    OF   HEARING   BEFORE    SPECIAL    MASTER. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


Please  take  notice  that  the  issues  rai.sed  hy  the  specifications  of  ohjection  to 

the  discharge  of  the  above  named  bankrupt,  filed  by 

have  been  duly  referred  to  .  . Esq.,  as  special  master 

(or  referee)  for  examination,  testimony  and  report  and  that  a  hearing  will 
be  held  upon  said  specifications  at  the  office  of  the  said  special  master   (or 

referee)  No ,  City  of on  the day  of 

,  19 .  .  . ,  at o'clock  .  .  .  M.,  and  a  motion  made  to 

dismiss  the  said  specifications,  and  for  such  other  and  further  relief  as  to  the 
court  may  seem  just  and  proper. 

Dated ,  19..  . 


Attorney  for  hanl-rupt, 

Street, 

City  of 


To 


Attorney  for  creditors, 


Esq., 


FOKMS  IN  BANKRUPTCY.  451 

NOTES. 

In  the  Eastern  District  of  New  York  it  is  the  duty  of  the  objecting  creditors  to 
bring  on  the  hearing  before  special  master.     See  Rule  XLI,  Eastern  District,  New  York. 

In  re   Eldred,  18  Am.  H.  U.  243;   152  Fed.  491. 

15y  rule  XI 11  in  Southern  District  of  New  York  the  bankrupt  must  bring  on  the 
hearing  within  30  days. 

Evidence. 

Upon  tlie  hearing,  the  testimony  of  witnesses  otiier  than  the  bankrupt  himself 
taken  at  lirst  meeting  or  elsewhere  is  inadmissible  in  support  of  specifications. 

In  re  Wilcox  (C.  C.  A.  2nd  Cir.),  6  Am.  B.  R.  362;   109  Fed.  628;  48  C.  C.  A.  567. 
See,  In  re  Magen  &  Magen  (D.  C.  Pa.),  33  Am.  B.  R.  346;  218  Fed.  692. 
Such  testimony  of  bankrupt  is  admissible  as  admissions  against  interest. 
In  re  Goodhile,  12  Am.  B.  R.  380;  130  Fed.  782. 
In  re  Leslie,  9  Am.  B.  R.  561;  119  Fed.  406. 


452  FOEMS  IN  BANKRUPTCY. 


FORM  No.  280. 

REPORT   OF   SPECIAL   MASTER   ON   SPECIFICATIONS. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl-rupt. 


No. 


To  the  Honorable   ,  Judge  of  the  District  Court  of  the 

United  States  in  said  District : 

I,  the  undersigned,  referee  in  bankruptcy,  to  whom  as  special  master  the 
issues  npon  the  specifications  herein  were  duly  referred,  to  ascertain  and  report 
the  facts,  respectfully  report  as  follows : 

That  the  said  issues  were  brought  on  for  hearing,  and  I  was  attended  upon 
said  hearing  by  the  counsel  for  the  opposing  creditor  and  the  counsel  for  the 
bankrupt,  and  that  testimony  was  adduced  thereon,  the  stenographic  minutes 
of  which  are  herewith  filed.  That  the  specifications  were  filed  on  behalf  of 
,  a  creditor,  and  are  sul)stantially  as  follows : 

1.  That  the  said  ])ankrupt  knowingly  and  fraudulently  concealed  from  his 
trustee,  etc.,  property  belonging  to  his  estate  in  l)ankruptcy,  to  an  amount  of 

about  $ ,  alleged  to  have  been  realized  by  him  from  the  sale  of 

stock  bequeathed  him. 

2.  That   he   knowingly    and    fraudulently    concealed,   etc.,   other   property 

belonging  to  his  said  estate  in  bankruptcy,  consisting  of  his  salary  of  $ 

per  year,  paid  to  his  wife  and  alleged  to  have  been  held   by  her  for  said 
bankrupt. 

3.  That  he  knowingly  and  fraudulently  made  false  oath  in  these  proceed- 
ings in  omitting  from  his  schedules,  the  a])ove  mentioned  property. 

4.  With  intent  to  conceal  his  true  financial  condition  and  in  contemplation 
of  bankruptcy,  he  destroyed  certain  records,  etc. 

5.  That  with  like  intent  and  in  like  contemplation,  he  failed  to  keep  books 
of  account,  etc. 


FORMS  IN  BANKRUPTCY.  453 

6.     Knowingly  and  fraurlulently  made  false  oath  in  omitting  from  his 

schedules  $ alleged  to  have  been  in  his  possession  or  under  his 

control. 

The  testimony  shows,  in  substance,  that  in  or  about  the  year 

the  bankrupt  received  by  bequest  the  following :     


that  he  disposed  of  said  property  from  time  to  time  and   received  therefor 
about  $ The  bankrupt  testified  as  follows : 


The  bardvTupt's  wife  testified  as  follows 


Findings  of  Fact. 

The  only  witnesses  produced  were  the  bankrupt  and  his  wife,  and  their 
testimony  is  uncontradicted.  There  is  therefore,  no  direct  evidence  that  any 
other  disposition  was  made  of  the  property  than  to  which  the  bankrupt 
testified,  and  the  claim  that  that  amount  or  any  considerable  part  of  it,  is 
still  in  the  bankrupt's  possession  seems  to  rest  chiefly  upon  the  improbability  of 
their  testimony.  ISTo  attempt  was  made  to  contradict  the  statement  of  losses 
in  stock  speculation  by  calling  the  broker  through  whom  said  speculations 

were  had,  or  other  witnesses.     The  bankrupt's  account  in  the 

Bank    tends    to    corroborate    his    testimony,    showing,    as    it    does,    that    he 

expended  over  $ between ,  19 .  .  and 

.  ..  .,  19.  .,  during  which  period  he  had  no  source  of  income  excepting  this 
bequest,  and  his  stock  speculations. 

I  recall  nothing  in  the  testimony  before  me  which  would  justify  a  finding 
of  fact  that  any  part  of  the  proceeds  of  this  property  is  in  the  hands  of  the 
bankrupt  and  concealed  from  his  trustee,  and  the  same  remark  applies  to  the 

sum  of  $ or  less  wdiich  the  bankrupt  received  as  the  proceeds  of 

real  estate  devised  to  him  by  his  father. 

I  am  confirmed  in  this  opinion  by  the  statement  in  the  schedules  in  which 

of  the  total  liabilities,  over  $ appears  to  have  been  for  money  borrowed 

by  the  bankrupt,  and  with  the  exception  of  $ borrowed  by  the 

bankrupt  during  the  year  19. . .  . 

In  regard  to  the  payment  of  the  bankrupt's  salar}'  to  his  wife,  the  testimony 
of  both  the  bankrupt  and  his  wife  is  as  follows:    


The  bankrupt  did  not,  it  appears,  keep  books  of  account,  but  inasmuch  as  the 


454  FORMS  IN  BANKRUPTCY. 

testimony  shows  that  prior  to  his  present  employment,  he  was  in  no  business, 
and  that  in  his  j)resent  employment  on  a  salary  there  seems  to  be  no  occasion 
for  keeping  a  set  of  books,  I  do  not  think  his  failure  to  keep  such  books  can 
be  considered  as  militating  against  his  discharge. 

So  also  as  to  the  alleged  destruction  of  the  books  referred  to  in  the  fourth 
and  fifth  specifications;  while  the  bankrupt  admits  that  he  destroyed  some 
memoranda  of  stock  transactions,  I  see  no  evidence  from  that  fact,  or  elsewhere 
in  the  testimony  before  me,  of  any  intent  on  his  part  to  conceal  his  true 
financial  condition  by  so  doing. 

Conclusions  of  Law. 

For  the  foregoing  reasons,  I  am  of  the  opinion  that  the  specifications  have 
not  been  sustained,  and  that  the  bankrupt  is  entitled  to  his  discharge. 
All  of  which  is  respectfully  submitted. 
Dated ,  19... 


Beferee  in  hnnkruptcij,  as 
Special  Master. 
[Contra,  if  fiiulings  of  fact  against  bankrupt.] 

In  Southern  District  of  New  York  "  Record  on  Objections  to  Discharge "'  should  be 
arranged  as  follows: 

1.  Appearances. 

2.  Specifications. 

3.  Exceptions   (if  any). 

4.  Notice  of  Hearing  and  Proof  of  Service. 

5.  Testimony. 

6.  Report. 

NOTES. 

Report  of  referee  or  special  master. 

Referee  should  find  the  facts  and  state  his  conclusions  of  law. 

In  re  Steed  and  Curtis,  0  Am.  B.  R.  73;   107  Fed.  682. 

^^'hen  insufTicient. 

In  re  Lenweavcr  (D.  C.  N.  Y.),  36  Am.  B.  R.  73;  22G  Fed.  987. 

Special  Master  should  pass  upon  all  the  grounds  of  objection  set  forth  in  speci- 
fications. 

In  re  Haskell  (D.  C.  X.  Y.).  20  Am.  B.  R.  014;  164  Fed.  301. 

Duty  to  hear  the  testimony  of  witnesses. 

In  re  Rubin  &  Lipman   (D.  C.  N.  Y.),  32  Am.  B.  R.  205;  215  Fed.  660. 

Should  not  base  a  finding  upon  the  original  examination  of  tiie  bankrupt  before 
him  as  referee. 

In  re  Murray   (D.  C.  Conn.),  20  Am.  B.  R.  700:   162  Fed.  083. 

Duty  to  exercise  independent  judgment  thereon. 

In  re  Cohen  (D.  C.  N.  J.),  26  Am.  B.  R.  544;   192  Fed.  751. 

In  Southern  District  of  New  Y'ork  it  is  referee's  duty  to  take  and  report  the  testi- 
mony with  rulings  thereon,  and  he  may  reserve  decision  as  to  admissibility  of  testi- 
mony in  certain  cases. 

In  re  Knaszak.  18  Am.  B.  R.  187;  151   Fed.  503. 

When  except  ouji  to  rej)ort  of  Special  Master  should  be  filed.      (Washington  Rule.) 


FORMS  IN  BANKRUPTCY. 


455 


In  re  Pierce,  Jr.,  32  Am.  B.   U.  !)(>;   210  Fed.  381). 

Rules  governing  in  Connectirut. 

In  re  Walder,  18  Am.  13.  R.  419;   152  Fed.  489. 


FORM  No.  281. 

ORDER   OPENING   DEFAULT   ON    DISCHARGE    PROCEEDING. 

At  a  Stated  Term  of  the  L'liited  States 

District  Court  lor  the 

District  of lichl  at  the 

United  States  Court  House,  City  of  .... 
.  . .  . ,   ou    the    day   of    .... 

,19... 

Present : 

Hon , 

District  Judge. 


In  the  Matteu 

OF 


Bankrupt. 


Y   No. 


A  motion  haviii*^  been  made  to  reopen  the  default  herein  and  to  restore  the 
hankru})t's  ai){)lication  for  discharge  to  the  calendar  of  this  court,  and  the 
same  having  come  on  for  hearing,  now,  upon  reading  and  filing  the  petition  of 

,  bankrupt  herein,  duly  verified,  the  notice  of  motion  and 

the  petition  for  discharge  herein,  dated ,  IJ) .  .  . ,  and  the 

order  to  show  cause  thereon  and  all  the  proceedings  heretofore  had  herein,  and 

after  hearing ,  attorney  for  said  bankrupt  in  sujiport  of 

said  motion,  and   in  op])osition  thereto,  it  is  on  motion 

of attorney  for  bankru{)t. 

Ordered,  tiiat  the  application  for  discharge  herein  be  and  hcn^by  is  re-opened 
and  the  clerk  of  this  court  directed  to  restore  same  to  the  call  calendar  for 

discharges  for ,  10 ... ,  with  leave  to  creditors  who  have 

filed  notices  of  appearance  herein,  to  file  specifications  of  objection  upon  the 
merits. 


D.J. 


456  FORMS  IN  BANKRUPTCY. 

FORM  No.  282. 

OHDER  DENYING  DISCHARGE  UPON  REPORT  OF   SPECIAL,  MASTER. 

United  States  District  Court, 

for  the  District  of  : 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


Xo. 


Application  having  been  made  by  ,  a  bankrupt,  for  a  dis- 
charge herein,  and  specifications  of  objection  having  been  filed  thereto  by 

,  a  creditor  and  party  in  interest,  and  such  specifications 

having  been  referred  to Esq.,  as  special  master,  to  ascertain 

and  report  the  facts  with  his  opinion,  and  such  special  master  having  filed  his 

report  dated ,  19. . .,  and  recommended  that  such  specifications  be 

sustained,    (and  exceptions  to  such  report  having  been   duly   filed  by  said 

bankrupt,  and  the  same  having  been  argeud)  ;  and  after  hearing ,  Esq., 

attorney  for  such  objecting  creditor,  for  the  motion,  and ,  Esq., 

attorney  for  the  bankrupt,  in  opposition  thereto,  now  on  motion  of , 

attorney  for  the  objecting  creditor,  it  is 

Ordered,  that  the  report  of  the  said  special  master  be,  and  it  hereby  is  in  all 
respects  confirmed ; 

That  the  specifications  of  objection  of ,  a  creditor  and 

party  in  interest  herein,  be,  and  the  same  hereby  are  sustained; 

That  the  application  for  discharge  of  the  said ,  bankrupt, 

be,  and  the  same  hereby  is  denied. 

D.  J. 
NOTES. 

Findinpp  of  Special  Afaster  upon  conflicting  testimony  not  disturbed  where  there 
is  sufficient  testimony  to  support  the  findings. 

In  ro  Forth    (D.  C.  X.  Y.i.  18  Am.  B.  R.  ISfi;   L51  Fed.  05. 

Tn  re  Knas/.ak  IT>.  C.  X.  Y.).  18  Am.  P..  R.  187;  151  Fed.  50.3. 

Fxceptions  to  report  of  Special  Master  must  be  filed  within  20  days  as  per  Equity 
Rules.     Rule  66  (Rule  in  Washington.) 

In  re  Pierce,  Jr.,  32  Am.  B.  R.  06;  210  Fed.  380. 

International  Harvester  Co.  v.  Carlson   (C.  C.  A.  8th  Cir.),  33  Am.  B.  R.  178;   217 
Fed.  736;  133  C.  C.  A.  430. 


FORMS  IN  BANKRUPTCY. 

Costs  in  discharge  proceedings. 

In  re   Kyte  (D.  C.  Pa.),  2G  Am.  B.  K.  507. 

Bragassa  v.  St.  Louis  Cycle,  5  Am.  B.  R.  700;  107  Fed.  77. 

In  re  Miers  (D.  C.  N.  Y.),  27  Am.  B.  R.  870. 

In  re  Amer  et  al.,  228  Fed.  57(5. 


457 


FORM  No.  283. 

PETITION    FOR    EXTENSION    OF    TIME    TO    APPLY    FOR    DISCHARGE. 

I'liitecl  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  TiiE  Mattek 

OF 


Bankrupt. 


V   No. 


To  the  Honorable , 

District  Judge: 

Your  petitioner  respectfully  shows : 

That  he  is  the  bankrupt  herein. 

That  more  than  twelve  and  less  than  eighteen  months  have  elapsed  since  the 

day  of   ,  19.  . .,  the  date  petitioner  was  adjudicated 

bankrupt. 

That  he  was  unavoidaI)ly  prevented  from  filing  an  application  for  a  dis- 
charge within  twelve  months  after  such  adjudication  for  the  following  reasons: 

[State  specifically.] 


That  he  desires  to  file  such  application  and  obtain  a  discharge. 

That  no  previous  application  has  been  made  for  the  order  hereinafter  asked. 

Wherefore,  your  petitioner  prays  for  an  order  extending  his  time  to  file  such 
petition  for  discharge  until  the  expiration  of  eighteen  months  from  the  date 
of  such  adjudication. 

Dated   ,  19..  . 


Petitioner. 


[Ycrificfttion.] 


458 


FORMS  IN  BANKRUPTCY. 


FORM  No.  284. 

REFEREE'S     CERTIFICATE     ON    APPLICATION     FOR     EXTENSION     OF 

TIME. 

In  the  District  Court  of  the  United  States  for  the District 

of    : 

In  Bankruptcy. 


In  the  Matter 
or 


-  No, 


Banl-rupt. 


To  the  Honorable ,  District  Judge : 

I, ,  referee  in  bankruptcy  in  charge  of  this  proceeding,  do 

hereby  certify : 

That  the  above-named  bankrupt  was  r.djudicated  herein  on  the day 

of ,19... 

That,  from  the  files  and  records  of  such  ])roceeding  and  any  information 
possessed  by  me,  there  appears  no  reason  why  such  bankrupt's  petition  for 
an  extension  of  time  to  file  ai)plication  for  a  discharge  should  not  be  granted; 
and  that,  in  my  opinion,  such  l)ankrupt  has  not  lieen  guilty  of  laches  in  apply- 
ing for  his  discharge. 

I,  therefore,  recommend  that  his  petition  for  extension  of  time  l)e  granted. 

Dated  19... 


Referee  in  Banl-riiptcy. 


NOTE. 

Such  certificate  proper,  but  not  necessary  to  the  application. 


FORMS  IN  BANKRUPTCY. 


459 


FORM  No.  285. 

ORDER    EXTENDING    TIME    TO    APPLY    FOR    DISCHARGE. 

In  tlie  District  Court  of  the  raited  States  tor  tlie District 

of    

In  Bankruptcy. 


In  the  j\[atteu 

OF 


Bankrupt. 


Xo. 


A  petition  praying  for  an  extension  of  time  to  apply  for  discharge,  as  pro- 
vided in  S  14-a  of  the  Bani<ruptcy  Act,  having  heen  filed  hy  the  ahove-named 
bankrupt  showing  that  he  was  unavoidably  prevented  from  applying  for  sucli 
discharge  within  twelve  months  from  the  adjudication  and  that  less  than 
eighteen  months  have  expired,  (and  an  order  to  that  effect  having  been  recom- 
mended by ,  Esq.,  the  referee  in  bankruptcy  in  charge  of 

this  proceeding)  ;  now,  on  motion  of Esq.,  attorney  for  said 

bankrupt, 

It  is  ordered: 

That  the  time  of the  bankrupt  herein,  to  apply  for  a  dis- 
charge be,  and  the  same  hereby  is,  extended  for days  from  the 

day  of 19 .  . . 

Witness,  the  Honorable   ,  Judge  of  the  said  court,  and  the 

seal  thereof,  at  the  city  of ,  in  said  district,  on  the 

dav  of 19... 


/).  J. 


NOTES. 


Pftition  for  loave  to  file  after  expiration  of  time  limit  nuist  sliow  tliat  bankrupt 
was  unavoidably  prevented  durinfr  whole  j)eriod  in  which  he  should  ai)ply. 

In  re  Harris  &  Alfror.  15  Am.  B.  R.  705. 

In  re  Churchill  (D.  C.  Wis.),  28  Am.  B.  R.  607;  197  Fed.  111. 

.Jurisdiction  to  hear  an  application  for  discharge  after  expiration  of  time  limit 
cannot  be  conferred  by  consent. 

In  re  Taylor,  2fi  Am.  B.  R.  143;  188  Fed.  479. 

Nor  by  nvvc  pro  time  order  after  18  months. 

In  re  Taunton.  3.3  Am.  B.  R.  308;  210  Fed.  987. 

"  Overlooked  In*  attorney,"  not  sufficient. 

In  re  Anderson.  14  Am.  B.  R.  221;  134  Fed.  310. 


460  FORMS  IN  BANKRUPTCY. 

In  re  Lewin,  14  Am.  B.  R.  358;   135  Fed.  252. 

Application  denied. 

in  ro  Daly,  30  Am.  B.  R.  475;  205  Fed.  1002. 

Proof  of  allegations  of  petition  should  be  given  before  the  referee. 

In  re  Glickman  &  Pisnotf  (D.  C.  Pa.),  21  Am.  B.  R.  171;  164  Fed.  209. 

Notice  to  creditors  of  application  unnecessary  in  Eastern  District  of  New  York- 

In  re  Fritz,  23  Am.  B.  R.  84;   173  Fed.  560. 

[So,  also,  in  many  other  districts.] 

Grounds  for  application. 

In  re  Casey,  28  Am.  B.  R.  359  and  footnote;   195  Fed.  322. 

Remedy  where  court  has  permitted  filing  after  statutory  time  has  expired. 

In  re  Haynes  &  Sons,  10  Am.  B.  R.  13;   122  Fed.  560. 

See,  In  re  Fahy,  8  Am.  B.  R.  354;  116  Fed.  239. 

See,  In  re  Bimberg,  9  Am.  B.  R.  601;   121  Fed.  942. 


FORM  No.  286. 

PETITION  TO   REVOKE   DISCHARGE. 


United  States  District  Court, 

for  the District 

In  Bankriiptc}'. 


In  the  Matter 

OF 


Bankrupt. 


V   Xo. 


To  Hon ,  Jiulff.i  of  the  District  Court  of  the  United 

States  for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

1.  That  he  is  a  creditor  herein  whose  claim  has  been  filed  and  allowed  at 
the  sum  of  $ and  is  affected  by  the  discharge  herein. 

2.  That  on  the day  of ,  19 ... ,  the  above  named 

was  duly  adjudged  a  bankrupt  in  this  court  and  thereafter 

was  discharged  from  his  debts  by  order  dated  the day  of , 

19.  .  .,  and  that  one  year  has  not  yet  expired. 

3.  That  since  the  granting  of  said  discharge,  ibc  following  facts  have  come 
to  the  knowledge  of  petitioner: 

[Here  set  forth  specifically  facts  constituting  ground  for  revoking  discharge.] 
That  petitioner's  sources  of  information  are  as  follows : 


FORMS  IN  BANKRUPTCY. 


461 


4.  Your  petitioner  alleges  that  the  actual  facts  as  above  set  forth  did  not 
warrant  the  discharge  of  said  bankrupt  and  that  said  discharge  was  obtained 
through  the  fraud  of  the  bankrupt. 

5.  That  petitioner  had  no  knowledge  of  the  actual  facts  as  above  set  forth 
at  the  time  of  the  granting  of  the  bankrupt's  discharge. 

().  That   no    previous    application    has   been    made    for   the   order   herein. 

Wherefore  your  petitioner  prays  for  an  order  revoking  and  setting  aside  on 

the  ground  of  fraud  the  discharge  of  the  said ,  bankrupt,  and 

for  such  (jther  and  further  relief  as  may  be  just  and  pro})er  in  tlie  premises. 


Petitioner. 


[Verification.] 


FORM  No.  287. 


ORDER  REVOKING   DISCHARGE. 


Present : 
Hon. 


District  Jitdge. 


In  tiik  Matter 

OF 


Bankrupt. 


At  a  Stated  Term  of  the  District  Court 

of  the  laiited  States  for  the 

District  of ,  held  at  the 

Court  House,  City  of ,  on 

the day  of , 

19... 


-    Xo. 


a  creditor  with  a  provable  claim  herein,  having  filed 

a  petition  duly  verified,  praying  that  the  discharge  of  the  above  named  l)ank- 

Tupt  granted  on  the day  of 19 .  .  . ,  be  revoked  and  set 

aside  for  fraud  of  said  bankrupt  in  obtaining  said  discharge,  and  the  said 
bankrupt  having  filed  his  verified  answer  thereto  and  the  matter  having  been 
duly  heard  before  this  court, 

Now,  upon  reading  and  filing  the  petition  of   ,  a  creditor 

herein,  verified  the day  of ,  19.  .  .,  and  the  answer  of 


462  FORMS  IN  BANKRUPTCY. 

said  bankrui^t,  vehlied  the day  of ,  19.  . .,  and  after 

hearing in  support  of  said  motion  and 

in  opposition  thereto,  and  sufficient  cause  appearing  to  me  therefor,  it  is 
Ordered,  adjudged,  and  decreed  that  the  discharge  granted  herein  to.  . .  . 

on  the day  of ,  19 .  . .,  be  and  hereby  is 

revoked  and  set  aside  and  the  proceeding  reinstated. 


D.J. 
NOTES. 
Revoking  discharge. 
Sec.  15. 

Cross  references  Sec.  2,  (12),  14,  21-f,  29-b,  64-c. 
Who  may  apply. 
I'arties  in  interest. 

Within  one  year  after  discharge. 
In  re  Biniberg,  9  Am.  B.  R.  601;  121  Fed.  942. 
In  re  Hawk,  8  Am.  B.  R.  71;  114  Fed.  916. 

Kentucky  Nat.  Bank  of  Louisville  v.  Carley  (C.  C.  A.  3rd  Cir.),  12  Am.  B.  R.  119; 
127  Fed.  686;    62  C.  C.  A.  412. 

In  re  Wright,  24  Am.  B.  R.  437;   177  Fed.  578. 

Upon  a  trial. 

Hearing  liefore  the  judge  or  special  master  is  a  trial. 

Obtained  through  the  fraud  of  the  bankrupt. 

Fraud  only  groimd  for  revocation. 

In  re  Meyers  (D.  C.  X.  Y.),  3  Am.  B.  R.  722;  100  Fed.  775. 

In  re  Roosa,  9  Am.  B.  R.  531 ;   119  Fed.  542. 

In  re  Hansen,  5  Am.  B.  R.  747;  107  Fed.  252. 

In  re  Hoover,  5  Am.  B.  R.  247;  105  Fed.  354. 

In  re  Griffin  Bros.,  19  Am.  B.  R.  78;   154  Fed.  537. 

Actual  fraud  theretofore  knowingly  practiced  bj-  the  bankrupt. 

In  re  Wright   (supra). 

Knowledge  of  the  fraud,  etc. —  Essential  and  jurisdictional. 

Resti-jctcd  to  frauds  discovered  since  entry  of  order  of  discharge. 

Corru})t  agreement  witli  creditor. 

In  re  Dietz,  3  Am.  B.  R.  316;  97  Fed.  .563. 

When  application  denied. 

In  re  Fritz,  23  Am.  B.  R.  84;    173  Fed.  560. 

In  re  Lasch,  15  Am.  B.  R.  629;  142  Fed.  277. 

"  Not  guilty  of  undue  laches." 

In  re  Hawk  (C.  C.  A.  8th  Cir.),  8  Am.  B.  R.  71  ;  114  Fed.  916;  52  C.  C.  A.  536. 

In  re  Upson,  10  Am.  B.  R.  758;  124  Fed.  980. 

In  re  Oleson,  7  Am.  B.  R.  22;   110  Fed.  796. 

Arringt(m  v.  Arrington,  13  Am.  B.  R.  89;   1.32  Fed.  200. 

In  re  CJrimn  Bros..  19  Am.  B.  R.  78;   154  Fed.  537. 

In  re  :Mauzy,  21  Am.  B.  R.  59;   163  Fed.  900. 

In  re  Downing  (D.  V.  N.  Y.).  28  Am.  B.  R.  778;  199  Fed.  329. 

"  Facts  did  not  warrant  the  discharge." 

In  re  Toothakcr  Bros.,  12  Am.  B.  R.  99;  128  Fed.  187. 


FORMS  IN  BANKRUPTCY.  463 

Practice, 

in  le  Meyers  (supra). 

In  re  Oliver,  13  Am.  13.  R.  582;   133  Fed.  832. 

J'etitioners  must  have  provable  claims. 

In  re  Chandler  (C.  C.  A.  7th  Cir.),  14  Am.  B.  R.  512;  138  Fed.  637;  71  C.  C.  A.  87. 

Requisites  of  petition. 

in  re  Cutlibertson  (D.  C.  So.  Dak.),  2*1  Am.  H.  R.  823:  202  Fed.  266. 

In  re  Downing   {supra). 

In  re  Walsh   (D.  C.  N.  Y.),  32  Am.  B.  R.  521;   213  Fed.  643. 

Amendment  of  petition. 

in  re  Oliver    {supra). 

Effect  of  revocation. 

In  re  SliaflVr.  4  Am.  B.  R.  728;   104  Fed.  982. 
No  collateral  attack. 
In  re  Shaffer  (supra). 

Custard  v.  Wiggerson,  17  Am.  B.  R.  337;  130  Wis.  412. 

District  court  has  no  jurisdiction  to  entertain  a  suit  in  equity  collaterally  attacking 
and  seeking  to  set  aside  a  discharge.     See.  15  of  Act  is  exclusive 

Atlantic  Dynamite  Co.  v.  Reg^r,  29  Am.  B.  R.  659;  200  Fed.  1002. 


464  FORMS  IN  BANKRUPTCY. 


FORM  No.  288. 

AFFIDAVIT  FOR   CANCELLATION   OF  A   JUDGMENT  AGAINST  BANK- 
RUPT   (NEW^    YORK   PRACTICE). 


Court, 
.  .   County. 


Ill    the    matter    of    the    application  | 

of  ( 


a  Bankrupt,  to  have  a  certain  Judg- 
ment of   

cancelled  and  discharged  of  liecord. 


StxVte  of , 

County  of 


> 


being  duly  sworn,  deposes  and  says: 

1.  That  on  the day  of ,  19 .  . ,  in  this  court 

recovered  a  judgment  against  deponent  for  the  sum  of  $ ,  and 

same   was   duly   docketed   in   the   office   of   the   county   clerk   of   the   county 

of That  the  debt  upon  which  said  judgment  was  obtained, 

was  not  created  by  fraud,  nor  such  as  would  not  be  dischargeable  in  bankruptcy. 

2.  That  on  the day  of 19 .  . ,  deponent  was  duly 

adjudicated  a  bankrupt  in  the  district  court  of  the  United   States  for  the 

district  of and  thereafter  on  the day 

of ,  19.  .,  was  duly  discharged  of  his  debts  in  said  court  and  a 

copy  of  said  certificate  of  discharge  is  hereto  annexed  marked,  Exhibit  "  A." 

3.  That  more  than  one  year  has  elapsed  since  the  entry  of  said  order  of 
discharge. 

4.  That  the  debt  evidenced  by  judgment  of   aforesaid  was 

duly  scheduled  in  said  bankruptcy  ])roceedings,  a  co])y  of  which  schedules  is 
hereto  annexed,  marked  Exhibit  "  B,"  and  deponent  was  discharged  there- 
from. 

5.  That  said  judgment  still  stands  of  record  in  this  court  against  deponent, 
f).  No  ])revious  application  has  been  made  for  the  order  asked  for  herein. 
Therefore  de])onent  asks  that  said  judgment  of be  cancelled 

and  discharged  of  record. 


Sworn  to  before  me  this  1 

day  of ,19...   J 

[Annex  exhibits.] 


FORMS  IN  BANKRUPTCY.  465 

FORM  No.  289. 

ORDER   CANCELLING   JUDGMENT   OF   RECORD. 

At  a  Special  Term,  etc.,   held  at  the 

Court  House  in  the  City  of , 

on  the  day  of  , 

19... 


Present : 

Hon 

Justice. 


In  the  Matter 

OF 

the  application  of 


a  bankrupt  to  have  a  certain  judg- 
ment of cancelled 

and  discharged  of  record.  ! 

On  reading  and  filing  the  affidavit  of ,  verified  the 

day  of ,  19 .  .  .,  to  which  is  annexed  a  certificate  of 

the  District  Court  of  the  United  States  for  the District  of 

,  dated ,  19 .  . . ,  discharging  the  said 

from  his  del)ts  in  l)ankruptcy  pursuant  to  the  Acts  of  Congress  relating  to 
bankruptcy,  by  which  affidavit  it  appears  that  a  certain  judgment  rendered 

in  the Court  on  the  ........  day  of ,  19 ... , 

in  favor  of as  plaintiff  against as  defendant 

for   $ ,   the   judgment   roll   whereon   was   filed    and    said   judgment 

docketed  in  the  office  of  the  Clerk  of  the  County  of on  the 

day  of ,  19.  . .,  was  discharged  by  said  order  of  dis- 
charge in  bankruptcy  and  it  appearing  that  more  than  one  year  has  elapsed 
since  the  entry  of  said  order  of  discharge  and  that  the  debt  upon  which  said 
judgment  was  obtained  was  not  created  by  fraud  nor  such  as  would  not  be 
dischargeable  in  bankruptcy  and  that  due  notice  of  this  application  has  been 

given  to  the  said judgment  creditor  together  with  copies  of 

the  papers  upon  which  it  is  made,  now,  on  motion  of Es<i., 

attorney  for  the  said   and  no  one  appearing  in  opposition 

thereto,  it  is  hereby 

Ordered,  that  the  said  judgment  be  and  the  same  is  hereby  cancelled  and 
discharged  of  record. 

Enter. 


466  FORMS  IN  BANKRUPTCY. 

NOTES. 

Cancellation  and  Discharge  of  Judgment  against  Bankrupt  (New  York  Practice). 

Consolidated  Laws  "  Debtor  and  Creditor  Law,"  Chap.  12,  Sec.  150,  replacing  Sec. 
1268,  Code  of  Civil  Procedure. 

Notice  of  motion  with  copies  of  all  papers  must  be  served  on  judgment  creditor  or 
liis  attorney  of  record. 

Provisions  mandatory. 

Arnold  v.  Oliver,  64  How.  452.  Eberspacher  v.  Boehm,  11  N.  Y.  Supp.  404.  Fire- 
stone Tire  &  Rubber  Co.  v.  Agnew  et  al.  (N.  Y.  Ct.  of  App.),  194  N.  Y.  165;  21  Am. 
B.  R.  292. 

New  York  Institution,  etc.  v.  Crockett,  117  App.  Div.  (N.  Y.)  269;  17  Am.  B.  R.  233. 

Hussey  v.  Judson.  11  Am.  B.  R.  521;  43  Misc.  (N.  Y.)  370. 

Applies  to  judgment  entered  after  discharge  upon  provable  debt. 

Walker  v.  Muir  (N.  Y.  Ct.  of  App.),  21  Am.  B.  R.  593;  194  N.  Y.  420;  aff'g,  s.  c, 
21  Am.  B.  R.  278;  127  App.  Div.   (N.  Y.)   163. 

Remedy  of  judgment  creditor  if  aggrieved  by  order  cancelling  judgment  is  to  appeal 
or  ask  leave  to  reargue,  but  not  to  move  to  vacate. 

McKee  v.  Preble,  31  Am.  B.  R.  852;   154  App.  Div.    (N.  Y.)    156. 

Applies  to  debt  due  State. 

In  re  Brandreth,  14  Hun  (N.  Y.)  585. 

Section  applies  to  a  judgment  recovered  after  the  filing  of  the  petition  upon  a 
previous  indebtedness. 

Crouse  v.  Whittelsey,  15  N.  Y.  Supp.  851. 

As  to  partnership  debt. 

Berry  Bros.  v.  Sheehan,  17  Am.  B.  R.  322;  115  App.  Div.  (N.  Y.)  488. 

In  re  Quackenbush  (N.  Y.  Sup.),  19  Am.  B.  R.  647;  122  App.  Div.  (N.  Y.)  456. 

Where  a  partner  was  not  served  in  an  action  against  his  firm,  and  no  individual 
judgment  was  entered  against  him,  he  is  not  entitled  to  a  cancellation  of  the  judgment 
on  his  discharge  in  bankruptcy,  where  there  was  no  adjudication  in  that  proceeding  as 
to  the  partnership  debt. 

In  re  Application,  etc.,  of  Gruber  v.  Knobloch.  21  Am.  B.  R.  467;  129  App.  Div.  297. 

Dodge  V.  Kaufman,  15  Am.  B.  R.  542;  46  Misc.  (N.  Y.)  248. 

Judgment  for  conversion. 

Fechter  v.  Postel,  17  Am.  B.  R.  316;  114  App.  Div.  (N.  Y.)  776. 

After  death  of  judgment  debtor  tlie  burden  is  upon  judgment  creditor  to  show  that 
judgment  liad  not  been  released  by  the  discharge. 

In  re  Peterson,  22  Am.  B.  R.  549;  afl'd  (N.  Y.  App.  Div.),  24  Am.  B.  R.  270. 

When  application  denied. 

Debt  created  by  fraud. 

Kaufman  v.  Lindner  (City  Ct.),  6  Civ.  Proc.  R.  148. 

Hullis  v.  O'Heirnc  (U.  S.  Suj).),  13  Am.  B.  R.  108;  195  U.  S.  006;  49  L.  Ed.  340. 

"Wilful  and  malicious   injury." 

In  re  Halper.  31  Am.  B.  R.  283;  82  Misc.  (N.  Y.)  205. 

Judgment  for  criminal  conversation,  necessarily  involving  malice. 

Tinker  v.  Colwell  (U.  S.  Sup.),  11  Am.  B.  R.  568;  193  U.  S.  473;  48  L.  Ed.  754; 
aff'g  7  Am.  B.  R.  334;  169  N.  Y.  531. 

Judgment  for  alimony  not  dischargeable  and  hence  cannot  be  cancelled. 

Maier  v.  Maier   (App.  Term.  N.  Y.),  28  Am.  B.  R.  856:  77  Misc.   (N.  Y.)   145. 

Denied  where  it  apjtears  judgment  creditor  had  no  notice,  and  address  was  incor- 
rectly stated  in  schedules. 

Murphy  v.  Blumenreich,  19  Am.  B.  R.  910;  123  App.  Div.  (N.  Y.)  045.  In  re  Appli- 
cation, etc.,  of  Quackenbush,  122  App.  Div.   (N.  Y.)   456;   19  Am.  B.  R.  647.     Columbia 


FORMS  IN  BANKRUPTCY,  467 

Bank  v.  Birkett,  12  Am.  B.  K.  691 ;  195  U.  S.  345;  aff'g,  s.  c.  9  Am.  B.  R.  481 ;  174  N.  Y. 
112.  Weidenfeld  v.  Tillinghast  (X.  Y.  City  Ct.),  18  Am.  B.  R.  531;  54  Misc.  (N.  Y.) 
90.  Cagliostro  v.  Indelle,  17  Am.  B.  R.  685;  58  Misc.  (X.  Y.)  44.  Schiller  v.  Wsin- 
Btein,  15  Am.  B.  R.  183;  47  Misc.  (X.  Y.)  622.  Sutherland  v.  Lasher,  11  Am.  B.  R. 
780;  41  Misc.  (X.  Y.)   249;  afl'd,  87  App.  Div.   (N.  Y.)   633. 

Burden  of  proof. 

Weidenfeld  v.  Tillinghast  (supra). 

Effect  of  failure  to  have  provable  judgment  cancelled  of  record. 

In  re  Peterson,  22  Am.  Dec.  549;  aff'd,  24  Am.  B.  R.  270. 

Proper  listing  of  creditors. 

Kreitlein  v.  Ferger  (U.  S.  Sup.),  34  Am.  B.  R.  862;  238  U.  S.  21;  59  L.  Ed.  1184; 
rev'g  28  Am.  B.  R.  908. 

Mailing  of  notice  in  manner  prescribed  in  Act. 

In  re  Downing,  28  Am.  B.  R.  778. 

Debt  not  proi)erly  scheduled  when  scheduled  as  "  unknown,"  when  in  fact  known. 

Miller  v.  (Uiasti  (U.  S.  Sup.),  29  Am.  B.  R.  201;  226  U.  S.  170;  57  L.  Ed.  173;  aflf'g 
Guasti  V.  Miller.  26  Am.  B.  R.  797. 

An  order  on  an  application  to  cancel  a  judgment  is  an  order  in  a  special  proceed- 
ing and  is  appealable  to  Court  of  Appeals. 

Guasti  V.  Miller,   (X.  Y.  Ct.  of  App.),  26  Am.  B.  R.  797;  203  X.  Y.  259. 


PART  X. 

COMPOSITION  WITH   CREDITORS,    BEFORE  AND 
AFTER   ADJUDICATION. 

FoBM  No.  290.  Offer  of  Composition. 

291.  Petition  for  Meeting  to  consider  Composition. 

292.  Petition  for  Appointment  of  Referee  and  staying  Adjudication. 

293.  Order  appointing  Referee  and  staying  Adjudication. 

294.  Notice  of  Meeting  to  consider  Composition  before  Adjudication. 

295.  Acceptance  of  Offer. 

296.  Petition  to  deposit  Money  for  the  Purpose  of  Composition. 

297.  Order  to  deposit  thereon. 

298.  Certificate  of  Deposit. 

299.  Application  for  Confirmation  of  Composition. 

300.  Order  to  show  Cause  on  Petition  for  Confirmation. 

301.  Notice  to  Creditors  of  Confirmation. 

302.  Referee's  Certificate  thereon. 

303.  Order  confirming  Composition  and  making  Distribution. 

304.  Notice  of  Appearance  of  objecting  Creditor. 

305.  Specifications  of  Objection  to  Confirmation  of  Composition. 

306.  Exceptions  to   Specifications. 

307.  Report  of  Special  blaster  on  Specifications. 

308.  Order  refusing  Confirmation  of  Composition  upon  Report  of  Z^Iaster. 

309.  Petition  to  set  aside  a  Composition. 

310.  Order  setting  aside  a  Composition. 

FORM  No.  290. 

OFFER    OF    COMPOSITION. 


United  States  District,  Court, 

for  the   District  of 

In   Bankruptcy. 


Ix  THE  ^Fatter 

OF 


y  No. 


(Alleged)  Bankrupt. 


To   E.^q..  "Referee  in  Bankruptcy,  and  the  creditors  of. 

,  a  hankrupt  (or,  an  alleged  bankrupt). 

[468] 


FORMS  IN  BANKRUPTCY.  469 

The  undersigned,  (who  was  adjudicated  a  bankrupt  herein  on  the 

day  of    ,   ID.  .  .,  and)    whose  schedule  of  property  and  list  of 

creditors  have  been  previously  duly  filed  in  the  office  of  the  clerk  of  this  court, 

(or  with ,  Esq.,  the  referee  in  bankruptcy  in  charge,)  and 

who  was  examined  in  open  court  or  at  a  meeting  of  his  creditors  herein  on 

the  day  of  ,  19 ... ,  does  hereby  offer  a  composition 

at per  cent.  ( % )  of  the  claims  of  his  creditors, 

allowed  or  to  be  allowed,  except  those  entitled  to  priority,  in  this  proceeding 

and  payable  as  follows : 

[Here  state  particulars  of  offer.] 

Dated ,19... 


[Verification.] 


(Alleged)  Bankrupt. 


NOTES. 

Act,  Sec.  12-a.     General  Orders  XII,  (3),  XXXII. 

Offer. —  Bankrupt  may  offer,  but  not  until  schedules  have  been  filed;  and  may  offer 
at  first  meeting  of  creditors. 

In  ro  Hilborn,  4  Am.  B.  R.  741;  104  Fed.  866. 

In  re  Fox  (D.  C.  N.  Y.),  34  Am.  B.  R.  812;  222  Fed.  135. 

In  "  open  court,"  meaning  of. 

In  re  Bloodworth-Sternbridge  Co.,  24  Am.  B.  R.  156;  178  Fed.  372. 

Bankrupt  may  offer  after  his  discharge  when  effect  is  the  same  as  an  offer  to  pur- 
chase the  assets  of  the  estate. 

In  re  Spiller,  36  Am.  B.  R.  399. 

Amended  offer.     Notice  to  creditors. 

In  re  Kinnane  Co.,  33  Am.  B.  R.  243;  217  Fed.  488. 

Acquiring  money  for  payment  of  composition  by  use  of  bankrupt's  credit. 

Zavelo  V.  Reeves  (U.  S.  Sup.),  29  Am.  B.  R.  493;  227  U.  S.  625;  57  L.  Ed.  676; 
aff'g  171  Ala.  401. 


470 


FORMS  IN  BANKRUPTCY. 


FORM  No.  291. 

[OJfinal.] 
PETITION    FOR    MEETING    TO    CONSIDER    COMPOSITION. 


District  Court  of  the  United  States  for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


bankrupt. 


To  the  Honorable ,  Judge  of  the  District  Court  of  the 

United  States  for  the District  of : 

The  above-named   bankrupt  respectfully  represents  tiiat  a  <''>inposition  of 

per  cent,  upon  all  unsecured  debts,  not  entitled  to  a  priority 

in  satisfaction  of debts  has  been  proposed  by 

to   creditors,  as  provided  by  the  acts  of  Congress  relating  to 

bankruptcy,  and verily  believes  that  the  said  composition  will 

be  accepted  by  a  majority  in  number  and  in  value  of creditors 

whose  claims  are  allowed. 

Wherefore,   .  .he  pray   ....   that  a  meeting  of creditors  may  be 

duly  called  to  act  upon  said  proposal  for  a  composition,  according  to  the 
provisions  of  said  acts  and  the  rules  of  court. 


Bankrupt. 


NOTES. 


This  form  is  seldom  used,  &s  offer  and  acceptances  are  filed  and  application  made  at 
once  to  cODfirm. 


FORMS  IN  BANKKUPTCY.  471 


FORM  No.  292. 

PETITION  FOR  APPOINTMENT  OF  REFEREE  AND   STAYING 
ADJUDICATION. 


United  States  District  Court, 
District  of   .  .  . 


In  thk  Matter 

OF 


Alleged  Bankrupt. 


To  the  District  Court  of  the  United  States  for  the District 

of : 

The  petition  of respectfully  alleges  and  shows : 

1.  That  he  is  the  alleged  bankrupt  herein. 

2.  That  on  the day  of ,  19. .  .,  a  petition  iu 

involuntary  bankruptcy  was  filed  in  this  Court  by and 

and ,  creditors  of  your  petitioner  praying  that  he  be  adjudicated 

a  bankrupt  and  on  same  day  a  subpoena  was  issued. 

3.  That  petitioner's  time  to  answer  such  petition  has  not  yet  expired. 

4.  That  petitioner  is  al)out  to  offer  terms  of  composition  to  his  creditors 
and  such  proposed  composition  has  been  accepted  l)y  a  substantial  number  of 
his  creditors  in  number  and  amount  and  such  offer  is  in  good  faith. 

5.  That  petitioner  has  filed  a  schedule  of  his  property  and  list  of  his 
creditors  as  required  by  the  Act. 

Wherefore  he  prays  for  an  order  referring  this  proceeding  to  a  referee  for 
the  purpose  of  calling  a  meeting  of  his  creditors  to  consider  the  offer  of  com- 
position, and  that  all  proceedings  upon  the  adjudication  be  stayed  until  the 
offer  of  composition  has  been  either  confirmed  or  rejected. 


Petitioner. 
[Verification.] 


472  FORMS  IN  BANKRUPTCY. 

FORM  No.  293. 

ORDER   APPOINTING    REFEREE    AND    STAYING   ADJUDICATION. 

At  a  Stated  Term  of  the  United  States 

District  Court  for  the District  of 

held  at  the  Court  House  in  the 

City  of on  the day  of 

,19.. 

Present  : 

Hon *. ,, 

District  Judge. 


In  the  Matter 

OF 


Alleged  Bankrupt. 


Upon  reading  and  filing  the  annexed  petition  of ,  verified 

the day  of ,  19 .  .,  upon  all  the  papers  and  proceedings 

had  herein,  and  on  motion  of ,  attorney  for  the  alleged  bank- 
rupt, it  is 

Ordered,  that ,  Esq.,  be  and  he  hereby  is  appointed  referee 

for  the  purpose  of  calling  a  meeting  of  creditors  to  consider  a  proposed  ofl'er  of 
composition  to  be  made  by  the  alleged  bankrupt  herein,  and  to  do  each  and 
every  other  thing  necessary  in  and  about  carrying  out  the  said  offer  of  compo- 
sition ;  and  it  is 

Further  ordered  that  all  proceedings  upon  an  adjudication  herein  be  stayed 
until  the  said  offer  of  composition  be  either  confirmed  or  rejected  by  this 
Court. 

D.J. 


FORMS  IN  BANKRUPTCY.  473 


FORM  No.  294. 

NOTICE  OF  MEETING  TO   CONSIDER  COMPOSITION  BEFORE 
ADJUDICATION. 

United  States  District  Court, 

for  the   District  of   : 

111  Bankruptcy. 


Ix  THE  Matter 

OF 


Alleged  Bankrupt. 


I   Xo. 


To  the  creditors  of of  the  City  of and  district 

aforesaid,  alleged  bankrupt : 

Notice  is  hereby  given  that  by  an  order  of  Hon ,  the  judge 

of  this  court,  dated  the day  of ,  19 .  . ,  the  alwve- 

entitled  proceeding  has  been  referred  to  me  as  referee  in  bankruptcy  under 
section  12-a  of  the  Bankruptcy  Act,  to  call  a  meeting  of  creditors  for  the 
allowance  of  claims,  the  examination  of  the  alleged  bankrupt,  and  the  preser- 
vation and  conduct  of  the  estate  of  the  same :  and  that  action  upon  the  peti- 
tion for  adjudication  has  been  stayed  until  ten  days  after  it  shall  be  determined 
whether  a  composition  herein  shall  be  confirmed. 

Notice  is  further  given  that,  pursuant  to  said  order  and  in  conformity  with 

said  section  12-a,  a  meeting  of  creditors  will  be  held  at  the  office  of 

,  Referee  in  Bankruptcy,  Room ,  No Street, 

City  of ,  on  the day  of ,  19 .  . ,  at 

o'clock  in  the  forenoon,  at  which  time  the  said  creditors  may  attend,  prove 
their  claims,  examine  the  alleged  bankrupt  and  transact  such  other  business 
as  may  properly  come  before  said  meeting. 

Dated ,19... 


Referee  in  Bankruptcy. 


474  FORMS  IN  BANKRUPTCY. 

FORM  No.  295. 

ACCEPTANCE    OF    OFFER. 

United  States  District  Court, 

for  the District 

In  Bankruptcy. 


In  the  Matter 

OF 


Banhrupi. 


To ,  Esq.,  Referee  in  Bankruptcy  and  the  Bankrupt  above 

named : 

The  undersigned  creditors,   whose  signatures,   residences,   claims   and   the 
amount  at  which  the  same  have  been  allowed  are  hereafter  set  out,  do  hereby 

accept  the  offer  of  composition  at per  cent.  ( .  .  % )  made 

herein  by ,  the  above  named  bankrupt,  on  the day 

of ,  19 .  . ,  and  payable  as  follows : 

(Here  follow  terms  of  offer  exactly.) 

Dated ,  19... 

Signature  of  Amount  of 

Witness.  Creditor.  Residence.  Claim. 

[Verification,  if  desired.] 

NOTES. 

A  creditor,  who  has  once  accepted,  cannot  In  the  absence  of  fraud  or  misrepresen- 
tation, withdraw  his  acceptance. 

In  re  Levy.  6  Am.  B.  R.  299;  110  Fed.  744. 

After  acceptance  bankrupt  may  not  withdraw. 

In  re  Ennis  and  Stoppani  (So.  Dist.  N.  Y.).      (Not  reported.) 

Mortgagees  whose  debts  are  contingent  upon  a  deficiency  arising  under  a  fore- 
closure, are  neither  necessary  nor  proper  parties. 

In  re  Kahn.  9  Am.  B.  R.  107;  121  Fed.  412. 

Assignee  of  a  number  of  creditors  to  be  counted  as  one  creditor  only. 

in  re  Messengill.  7  Am.  B.  R.  669;   113  Fed.  366. 

Acceptance  in  writing. 

In  re  Goldstein.  32  Am.  B.  H.  402;   213  Fed.  115. 


FORMS  IN  BANKRUPTCY. 


475 


FORM  No.  296. 

PETITION  TO  DEPOSIT  MONEY  FOR  THE  PURPOSE  OF  COMPOSITION. 

United  States  District  (\Hirt, 

District  of : 


In  thk  Mattki: 

OF 


liankrupt. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  alleges : 

1.  That  on  the day  of ,  19 .  . ,  a  petition  in  involun- 
tary bankruptcy  was  filed  in  this  Court  against  the  above  named  bankrupt  by 
certain  of  his  creditors,  and  by  an  order  duly  entered  herein  adjudication  upon 
said  petition  has  been  stayed. 

2.  That  the  said  bankrupt  has  offered  terms  of  composition  to  his  creditors 
which  have  been  accepted  by  a  majority  in  numl)er  and  amount  of  his  said 
creditors.  That  the  said  bankrupt  has  been  examined  in  open  Court  and  has 
filed  his  schedules  as  required  by  the  Bankruptcy  Act  and  complied  with  all 
requirements. 

3.  That  petitioner  has  been  requested  by  the  bankrupt  to  furnish 
dollars  to  carry  out  the  terms  of  the  composition  and  peti- 
tioner is  ready  and  willing  to  do  so.  That  this  sum  is  to  be  used  with  other 
moneys  on  hand  in  the  estate  to  carry  out  the  composition  upon  the  express 
condition  that  said  moneys  so  deposited  ]»y  petitioner  for  the  purpose  of  carry- 
ing out  the  terms  of  the  composition,  in  the  event  that  the  said  composition  be 
not  confirmed,  be  returned  to  petitioner. 

Wherefore,  he  prays  for  an  order  granting  him  permission  to  deposit  in  a 

designated  depository  of  this  Court,  the  sum  of dollars  to  be 

used  for  the  pur])Ose  of  the  projwsed  composition  of  tlio  bankrupt  herein  with 
his  creditors  and  in  the  event  that  said  composition  be  not  confirmed,  then 
that  said  moneys  so  deposited  be  returned  to  petitioner. 


Petitioner. 


\  X'crification.] 


476 


FORMS  IN  BANKRUPTCY. 


FORM  No.  297. 

ORDER  TO  DEPOSIT  THEREON. 

At  a  Stated  Term  of  the  United  States 

District  Court  for District  of 

,  held  at  the  Court  House 

in  the  City  of on  the 

day  of ,  19. . . 


Present  : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


Upon  readin^f  and  filing  the  annexed  petition  of ,  duly  verified, 

and  upon  all  proceedings  had  herein  and  on  motion  of , 

attorney  for  the  bankrupt  herein,  it  is 

Ordered  that  permission  be  and  the  same  is  hereby  given  to 

to  deposit  in  the Bank  (or  Trust  Company  at ) 

a  depository  duly  designated  by  this  Court,  to  th^  order  of  the  judge  of  the 

United  States  District  Court  for  the District  of ,  the 

sum  of  $ which  is  to  be  used  towarrls  carrying  out  the  terms  of 

the  composition  offered  by  the  said  bankrupt  to  his  creditors,  and  it  is 

Further  ordered  that  in  the  event  that  the  said  composition  be  not  con- 
firmed that  the  said  moneys  so  deposited  by   be  returned  to 

him. 


D.J. 


FORMS  IN  BANKRUPTCY. 


477 


FORM  No.  298. 

CERTIFICATE  OF  DEPOSIT. 


Ignited  States  District  Court, 

lor  tlie District 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


Bankrupt. 


I    Xo. 


To  the  Honorable  Judge  of  the  United  States  District  Court, 
for  the District : 

The   ,  of  ,  a  designated  depository  of 

bankruptcy  funds  in  this  district,  hereby  certifies  that  it  has  on  deposit,  to 

your  order  in  this  proceeding,  the  sum  of  $ ,  the  amount  of  monev 

necessary  as  determined  l)y  this  court  to  pay  the  costs  of  the  proceeding  and 
all  claims  entitled  to  priority  of  payment  therein : 

(And  also  certifies  that  it  holds  on  deposit  the  consideration  offered,  and 
accepted  by  the  creditors  of ,  bankrupt,  upon  this  composition.) 

Dated ,  19. .. 


Depository. 

by 

NOTES. 
Deposit  of  consideration. 

Amount  must  be  enoujjh  to  pay  all  crcditora  the  stipulated  percentage. 
In  re  Fox,  6  Am.  B.  R.  525. 
In  re  Harvey,  16  Am.  B.  R.  345;  144  Fed.  001. 
To  order  of  judjie  of  the  coxnt. 

Tn  re  Bloodworth-Sternbridge  Co.,  24  Am    B   R.  1.56;  178  Fed.  372. 
Use  of  funds  collected  under  a  bond  jiiven  by  private  banker. 
Tn  re  Deutsch  Bros.  (D.  C.  N.  Y.),  33  Am.  B.  R.  858;  220  Fed.  532. 
Secured  claims  not  liquidated  should  not  be  considered  in  determininjir  the  amount. 
In  re  ITarvey   (svpra). 
Ripht  of  unscheduled  creditor. 

In  re  Ennis  &  Stoppani.  25  Am.  B.  R.  383;  183  Fed.  8.59. 
Surrender  of  voidable  preference. 
Condition  precedent  to  allowance  of  claim. 

In  re  B    Feinberfr  &  Sons  (D   C.  Mass.).  26  Am.  B.  R.  587;   187  Fed.  283;  but  see, 
In  re  Gliinasin,  34  Am.  B.  R.  818. 


478  FORMS  IN  BANKRUPTCY. 

Taxes  must  be  provided  for. 

In  re  Flynn,  13  Am.  B.  R.  720;  134  Fed.  145. 

In  re  Fisher  &  Co.,  14  Am.  B.  R.  366;   135  Fed.  223. 

Deposit  must  cover  all  creditors  scheduled. 

In  re  Atlantic  Construction  Co.  (D.  C.  N.  Y.),  35  Am.  B.  R.  838;  228  Fed.  571. 

Sufficient  cash  to  pay  all  debts  which  have  priority  and  the  costs  of  the  proceedings, 
must  be  deposited. 

In  re  Fisher  &  Co.  {supra)  ;  In  re  Fox  (supra) ;  In  re  Harvey  (supra). 

Costs  of  proceeding.     In  re  Harris,  9  Am.  B.  R.  20;   117  Fed.  575. 

Referee's  fees. 

In  re  J.  Bacon  &  Sons,  34  Am.  B.  R.  825;  224  Fed.  764;  modified,  Kinkead  v.  J. 
Bacon  &  Sons  (C.  C.  A.  6th  Cir.),  36  Am.  B.  R.  390. 

Waiver  of  deposit  by  creditors. 

8.  c.   ( supra ) . 

Counsel  fees.     In  re  Dalton,  14  Am.  B.  R.  617;  137  Fed.  178. 

Waiver  of  fees  by  attorneys. 

In  re  Frischknecht  (C.  C.  A.  2nd  Cir.),  34  Am.  B.  R.  530:  223  Fed.  417;  139  C.  C. 
A.  11. 

Bankrupt  must  pay  his  own  attorney,  as  no  costs  allowed  to  him  on  contest. 

In  re  Martin,  18  Am.  B.  R.  250;  152  Fed.  582. 

Right  to  accumulated  interest. 

In  re  Kelley,  35  Am.  B.  R.  127;  223  Fed.  383. 

Order  of  referee  res  adjudicata  as  to  action  to  recover  same  in  State  court. 

Coen  V.  James  (App.  Div.  N.  Y.),  33  Am.  B.  R.  249;   164  App.  Div.  419. 


FORMS  IN  BANKRUPTCY. 


479 


FORM  No.  299. 

[Official.] 
APPLICATION  FOR   CONFIRMATION   OF    COMPOSITION. 


United  States  District  Court, 

for  the District  of 

III  Rankniptcy. 


In  the  Matter 

OF 


{Alleged)  bankrupt. 


^    No. 


To  tlie  Honorable  Judge  of  the  District  Court  of  the  United  States,  for  the 
District  of : 

At ,  in  said  district,  on  the day  of , 

19.  .,  now  coiTies the  above  named  (alleged)  bankrupt,  and  respect- 
fully represents  to  the  court  that  after  he  had  been  examined  in  open  Court 
[or  at  a  meeting  of  his  creditors]  and  had  filed  in  court  a  schedule  of  his 
property  and  a  list  of  his  creditors,  as  required  by  law,  he  offered  terms  of 
composition  to  his  creditors,  which  terms  have  been  accepted  in  writing  by  a 
majority  in  number  of  all  creditors  whose  claims  have  been  allowed,  which 
number  represents  a  majority  in  amount  of  such  claims;  that  the  consideration 
to  be  paid  by  the  (alleged)  bankrupt  to  his  creditors,  the  money  necessary  to  pay 
all  debts  which  have  priority,  and  the  costs  of  the  proceedings  amounting  in 

all  "to  the  sum  of dollars,  has  been  deposited  subject  to  the  order  of 

the  Judge,  in  the    No ,    ,   designated 

depository  of  money  in  bankruptcy  cases. 

Wherefore,  the  said  respectfully  asks  that  the  said  com- 
position may  be  confirmed  by  the  court. 


(Vf  J  ification.) 


(Alleffed)  Bnnl-rupt. 


480  FORMS  IN  BANKRUPTCY. 

FORM  No.  300. 

ORDER  TO  SHOW  CAUSE  ON  PETITION  FOR  CONFIRMATION. 
. . .  o District  of ,ss.: 


On  this day  of A.  D.  19 .  . ,  on  reading  the  foregoing 

petition  for  confirmation  of  composition,  it  is 

Ordered  by  the  court,  that  a  hearing  be  had  upon  the  same,  before  the 
Honorable  Judge  of  the  U.  S.  District  Court,  in  the  U.  S.  Court  House,  in  the 

City  of ,  on , ,  19 .  . ,  at 

M.,  and  that  notice  thereof  be  published  in  the ,  a  newspaper 

printed  in  said  district,  and  that  all  known  creditors  and  other  persons  in 
interest  may  appear  at  the  said  time  and  place  and  show  cause,  if  any  they 
have,  why  the  prayer  of  the  said  petition  should  not  be  granted,  and  also  attend 
the  examination  of  the  bankrupt  thereon. 

And  it  is  further  ordered  by  the  court  that  the  referee  in  charge  phall  send 
by  mail  to  all  known  creditors,  copies  of  said  petition  and  of  this  order 
addressed  to  them  as  required  by  law. 

Witness,  the  Honorable  Judge  of  the  said 
court,   and   the   seal   thereof,   at   the   city   of 

,  in  said  district,  on  the 

day  of ,19... 


Clerk. 
[Proof  of  mailing  as  in  application  for  discharge.] 


FORMS  IN  BANKRUPTCY. 


481 


FORM  No.  301. 

NOTICE  TO  CREDITORS  OF  CONFIRMATION. 


United  States  District  Court, 

for  the District 

111  Bankruptcy. 


In  the  Matter 

OF 


-   No. 


(Alleged)  Bankrupt. 


To  the  creditors  of ,  (allefred)  bankrupt: 

Notice  is  hereby  given  that  the  above  named  (alleged)  bankrupt  has  filed  his 

petition,  verified  the day  of 19 .  . ,  setting  forth  among 

other  things  that  he  has  offered  terms  of  composition,  which  terms  have  been 
accepted  in  writing  by  a  majority  in  numl)er  of  all  creditors  whose  claims  have 
been  allowed,  and  which  number  represents  a  majority  in  amount  of  such 
claims,  that  the  consideration  to  be  paid  by  the  (alleged)  bankrupt  to  his 
creditors  and  the  money  necessary  to  pay  all  debts  which  have  priority  and 
the  costs  of  the  proceedings  have  been  duly  deposited  in  a  duly  designated 
depository,  and  asking  that  said  composition  may  be  confirmed  by  the  court. 
Notice  is  hereby  given  that  all  creditors  and  other  jiersons  are  ordered  to 
attend  at  the  hearing  before  the  Honorable  Judge  of  the  United  States  District 

Court  in  the  United  States  Court  House,  on , ,  19 . .  . 

at M.,  and  then  and  there  show  cause,  if  any  they  have,  why  the 

prayer  of  said  petitioner  should  not  he  granted,  and  also  to  attend  the  exam- 
ination of  the  (alleged)  bankrupt  thereon. 

Dated ,  19... 

> 

Referee  in  Banhriiptcy. 

No Street, 

City  of 

[Annex  proof  of  publication  as  in  Discharge  proceeding.] 


482  FORMiS  IN  BANKRUPTCY. 

FORM  No.  302. 

REPEREE'S  CERTIFICATE  THEREON. 

In  the  District  Court  of  the  United  States, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrtqit. 


V    No 

Referee's  Certificate 
On  Composition. 


I,   ,  Referee  in  Bankruptcy,  to  whom  the  above  entitled 

proceeding  was  duly  referred  by  order  of  this  court,  do  hereby 

Certify  that  the  foregoing  is  a  record  of  the  proceedings  had  before  me  in  the 
above  entitled  proceeding,  and  I  further  certify  that  the  schedules  disclosed 

assets,  not  exempt  by  law  and  that trustee  has 

been  appointed  herein,  and 

I,  further  certify  and  report  that  the  said  bankrupt  duly  offered  terms  of 

composition  to    creditors  after  he   had 

been  examined  at  a  meeting  of creditors 

and  had  filed  in  court  a  schedule  of  property  and  a  list  of  creditors  as  required 
to  be  filed  by  the  Bankruptcy  Act;  that  said  offer  of  composition  was  duly 
accepted  in  writing  by  a  majority  in  number  of  all  creditors  whose  claims  have 
been  allowed,  which  number  represents  a  majority  in  amount  of  such  claims, 
and  that  such  written  acceptance  of  such  proposed  composition  is  returned 
herewith ;  that  the  consideration  to  be  paid  by  the  bankrupt  to  all  his  creditors, 
the  money  necessary  to  pay  all  debts  which  have  priority  and  the  costs  of  the 

proceedings,  amounting  in  all  to  the  sum  of  $ have  been  deposited, 

subject  to  the  order  of  the  Judge,  in ,  one  of  the  designated 

depositories  of  money  in  bankruptcy  cases  in    ,  and  that  a 

certificate  of  such  deposit  is  returned  herewith ;  that,  in  my  opinion,  the  con- 
firmation of  said  composition  is  for  the  best  interest  of  the  creditors,  and  T 
further  certify  that  as  far  as  appears  by  the  record  herein  the  bankrupt  lias  not 
been  Lniilty  of  any  of  the  acts  or  failed  to  perform  any  of  the  duties  whidi 
would  be  a  bar  to  a  discharge,  and  the  said  offer  and  its  acceptance  are  in  good 
faith  and  have  not  been  made  or  procured  except  as  provided  in  the  Bankruptcy 
Act,  or  by  any  means,  promises  or  acts  forbidden  by  the  Bankruptcy  Act. 


FORMS  IN  BANKRUPTCY.  483 

(And  1  further  certify  that  the  following  is  an  itemized  statement  of  the 
sums  deposited  with  me  as  indemnity  herein  and  of  the  items  of  charges  against 
the  same  and  of  the  balance  remaining  in  my  hands.) 

Dated ,11) 


Referee  in  Bankruptcy. 
[Here  attach  indemnity  account  in  So.  Dist.  of  New  York.] 

NOTES. 

In  the  Southern  District  of  New  York  papers  constituting  "  Record  on  Composi- 
tion "  should  be  arranged  in  following  order: 

1.  Record  of  Proceedings  before  Referee. 

2.  Order  of  Reference. 

3.  Allidavits  of  Publishing  and  Mailing. 

4.  Order  appointing  Trustee  (if  any). 
6.  Order  approving  bond. 

6.  Minutes. 

7.  Ofler  of  Composition. 

8.  Waivers  of  Attorneys  (if  any). 

9.  Waivers  of  Creditors   (if  any). 

10.  Acceptances  of  Creditors. 

11.  Certificate  of  Deposit. 

12.  Petition  for  Confirmation  and  Order  to  show  Cause  thereon. 

13.  Affidavit  Publishing  and  Mailing. 

14.  Certificate  of  Referee. 

15.  Indemnity  Account. 

16.  Affidavit  on  Confirmation.      (Rule  23.) 


FORM  No.  303. 

ORDER  .CONFIRMING    COMPOSITION    AND    MAKING    DISTRIBUTION. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


Ix  THE  ^Iatter 

OF 


BanVrnpt. 


Xo. 


An  application  for  the  confirmation  of  the  composition  at  .  .%  offered  by 
the  bankrupt  to  his  creditors,  having  been  filed  in  court,  and  it  appearing  that 


484  FORMS  IN  BANKRUPTCY. 

such  composition  has  been  accepted  by  a  majority  in  number  of  all  of  the 
creditors  whose  claims  have  l)een  allowed,  and  that  such  creditors  represent  a 
majority  in  amount  of  such  claims,  and  the  consideration  required  by  Section 
12-b  of  the  Bankruptcy  Act  of  1898  having  been  deposited  in  the  place  desig- 
nated by  this  court,  and  subject  to  the  order  of the  Judge 

(or  Judges)  of  said  court;  and  it  also  appearing  that  said  composition  is 
for  the  best  interests  of  the  creditors,  and  that  the  bankrupt  has  not  been  guilty 
of  any  of  the  acts,  or  failed  to  perform  any  of  the  duties  which  would  be  a  bar 
to  his  discharge,  and  that  the  offer  and  its  acceptance  are  in  good  faith  and  has 
not  been  made  or  procured  by  any  means,  averments  or  acts  contrary  to  the 
Acts  of  Congress  relating  to  bankruptcy;  and  it  further  appearing  that  an 
order  to  show  cause  why  such  composition  should  not  be  confirmed  has  hereto- 
fore been  made  herein,  and  due  notice  having  been  given,  as  required  by 
Section  o8-a,  (2),  of  said  Bankruptcy  Act,  and  no  specifications  of  objection 
to  such  confirmation  having  been  filed,  and  the  court  being  satisfied  in  all 
of  the  particulars  specified  in  Section  12-b  of  said  Act ;  it  is 

Ordered,  that  said  composition  be,  and  the  same  hereby  is,  in  all  respects 
confirmed ;  and  it  is  further 

Ordered  and  Decreed,  that  the  distribution  of  the  moneys  deposited  with  the 

in  these  proceedings  to  the  order  of Judge, 

(or  Judges)  shall  be  made  by  the  (trustee)  herein,  by  checks  drawn  and  signed 

by  him,  and  countersigned  by ,  Esq.,  the  referee  in  charge 

of  this  case,  as  follows: 

1.  That  he  first  pay  the  costs  of  these  proceedings  and  the  claims  entitled 
to  priority  as  set  forth  in  schedule  "A"  hereto  annexed  and  made  part  of  this 
order. 

2.  That  he  pay  to  the  persons  named  in  schedules  "  B  "  and  "  C  "  hereto 
annexed  and  made  part  of  this  order  the  amounts  set  opposite  their  respective 
names,  the  same  being  a  composition  dividend  of  .  . .  .%  upon  the  claims  of 
the  general  creditors  of  said  bankrupt  which  have  been  scheduled,  proven,  or 
allowed  by  the  referee  herein. 

3.  That  he  pay  the  balance  of  the  deposit  remaining  in  the 

Bank  after  making  the  aforesaid  payments  to  the  bankrupt  or  his  attornev. 

"Witness  the   TTon Tudge  of  said  Court 

at  the  Court  House  in  the  City  of , 

this day  of ,  19.  . 


D.  J. 


[Schedules  as  above  annexed  and  signed  by  referee.] 


FORMS  IN  BANKRUPTCY.  485 


CERTIFICATE    OF    HEFEREE    THEREON. 


In  the  District  Court  ol'  the  L'nited  States, 
for  the District  of  .  . . 


IX    TJIE    ^lATTliR 
OF 


Bankrupt. 


Xo. 


I, ,  Referee  in  Bankruptcy  in  charge  of  the  above  entitled 

proceedings,  do  hereby  certify  that  the  list  of  creditors  and  the  amount  due 
them  respectively  are  correctly  set  forth  in  the  annexed  schedules. 

And  I  further  certify  that  the  calculation  of  payments  to  l)e  made  under  the 
composition  confirmed  herein  and  as  set  forth  in  the  said  annexed  schedules 
is  correct. 

Dated ,  19.  .. 


Referee  in  Banlruplci/. 
NOTES. 

Act,  Sec.  12-d,  e. 

Only  the  judfre  has  power  to  confirm. 

In  re  Sonnabend,  18  Am.  B,  R.  117. 

Section  strictly  construed  Tn  ro  Frear,  10  Am.  B.  R.  199;  120  Fed.  978.  In  re 
Rider,  3  Am.  B.  R.  17S:  96  Fed.  808. 

Broadway  Trust  Co.  v.  Mannheim,  14  Am.  B.  R.  122;  47  Misc.  (X.  Y.)  415;  95  N.  Y. 
Supp.  93. 

Reorganization  afirecnient  not  to  be  confirmed  as  a  composition  under  the  Act. 

In  re  Northampton  Portland  Cement  Co.  (D.  C.  Pa.),  25  Am.  B.  R.  565;  185  Fed. 
542. 

AMien  confirmation  should  not  be  withheld. 

In  re  French,  25  Am.  B.  R.  77;   181  Fed.  583. 

Upon  entry  of  order  of  confirmation,  the  title  to  bankrupt's  property  immediately 
revests  in  him.  In  re  Winship  Co.  (C.  C.  A.  7th  Cir.),  9  Am.  B.  R.  638;  120  Fed.  93; 
66  C.  C.  A.  45. 

Rights  of  bankrupt  under  lease  made  by  his  trustee. 

The  Bracklce  Co.  v.  O'Connor  (N.  Y.  Sup.  Ct.),  24  Am.  B.  R.  499;  67  Misc.  (N.  Y.) 
599;   122  N.  Y.  Supp.  710. 

Order  of  confirmation  in  efTcct  a  discharge  and  may  be  pleaded  in  bar  with   like 

effect. 

Mandell  &  Co.  v.  Levy    (X.  Y.  Sup.  Ct.),  14  Am.  B    R.  549;  47  Misc.   (N.  Y.)    147; 

93  N.  Y.  Supp.  545. 

United  States  ex  rel.  Adler  v.  Hammond  (C.  C  A.  6th  Cir.),  4  Am.  B.  R.  736;  104 
Fed.  862;   44  C  C  A.  229. 


486  FORMS  IN  BANKRUPTCY. 

Glover  Grocery  Co.  v.  Dome,  8  Am.  B.  R.  702;   116  Ga.  216. 

Ross  V.  Saunders  (C,  C.  A.  1st  Cir.),  5  Am.  B.  R.  350;  105  Fed.  915;  45  C.  C.  A.  12-3. 

Stone  V.  Jenkins,  4  Am.  B.  R.  568;  176  Mass.  544. 

Mortgage  creditor  cannot  recover  a  deficiency  judgment  on  foreclosure  against 
bankrupt. 

American  Woolen  Co.  v.  Cohen,  142  App.  Div.  (N.  Y.)  880. 

Confirmation  of  a  composition  of  a  bankrupt  co-partnership  releases  the  partners 
from  individual  liability  for  firm  debts. 

Abbott  V.  Anderson  et  al.,  31  Am.  B.  R.  877. 

If  not  pleaded  is  deemed  waived. 

Dimock  v.  Revere  Coffee  Co.,  117  U.  S.  559;  29  L.  Ed.  994. 

Laches  on  part  of  creditor  to  correct  amount  of  scheduled  claim. 

In  re  Wilkins,  27  Am.  B.  R.  235;   191  Fed.  94. 

Effect  of  failure  to  carry  out  a  composition. 

In  re  A.  B.  Carton  &  Co.,  17  Am.  B.  R.  343;  148  Fed.  63. 

In  re  Maytag-Mason  Motor  Co.,  35  Am.  B.  R.  160;  223  Fed.  684. 

Except  in  case  of  fraud,  a  creditor  knowing  that  he  is  not  included  in  schedules 
cannot  afterwards  complain  of  the  omission. 

In  re  Abrams  and  Rubins,  23  Am.  B.  R.  25;   173  Fed.  430. 

Application  of  funds  on  failure  of  composition. 

In  re  Wiener,  32  Am.  B.  R.  777;  215  Fed.  278. 

Liability  for  expenses,     s.  c.  33  Am.  B.  R.  355;   217  Fed.  173. 

Effect  of. 

On  an  action  for  deceit. 

Friend  v.  Talcott  (U.  S.  Sup.),  30  Am.  B.  R.  31;  228  U.  S.  27;  57  L.  Ed.  718; 
aff'g  24  Am.  B.  R.  708. 

Acceptance  of  dividend  under  composition  held  in  New  York  to  release  security  in 
absence  of  agreement  to  the  contrary. 

McDonald  v.  Taylor  &  Co.  (X.  Y.  App  Div.)  26  Am.  B.  R.  635;  144  App.  Div. 
(N.  Y.)  329. 

The  endorser  of  an  accommodation  note  is  not  discharged  from  liability  because 
payee  had  participated  in  and  assented  to  a  composition  made  by  principal  debtor. 

Easton  Furniture  Mf'g  Co.  v.  Caminez  (X.  Y.  App.  Div.),  27  Am.  B.  R.  29;  146  App. 
Div.  (X.  Y.)  436. 

See  contra.     In  re  Benedict  (D.  C.  X.  Y.),  18  Am.  B.  R   604;  140  Fed.  55. 

Effect  of  secured  creditor. 

Moschkovitz  v.  Wagner  (City  Ct.  X'.  Y.),  Xew  Yt)rk  Law  Journal,  Jan.  19.  1916, 
p.  1440. 

Distribution  on  composition. 

Judge  to  prescribe  maimer. 

In  re  Lane,  11  Am.  B.  R.  137;  125  Fed.  772. 

As  to  referee's  powers  thereon. 

In  re  Fox,  6  Am.  B.  K.  525. 

Right  of  unscheduled  cred.tor  to  share. 

In  re  Ennis  &  Stoppani  (D.  C.  X.  Y.),  25  Am.  B.  R.  383;  183  Fed.  859. 

Claims  not  proved  within  one  year. 

In  re  Brown,  10  Am.  B.  R.  588;   123  Fed.  336. 

In  re  Lane  {supi-a). 

In  re  French    ( D.  C.  Mass.),  25  Am.  B.   R.  77;    ISl  Fed.  583. 

In  re  Blond   (D.  C  Mass.),  34  Am    B.  R.  193;   188  Fed.  452. 


FORMS  IN  BANKRUPTCY. 


487 


Bankrupt  may  oppose  allowaiKe  of  claims. 

In  re  Lane   (supra). 

In  re  French  (snpra). 

But  not  heard  to  oppose  claim  of  creditor  who  has  received  a  preference. 

In  re  (ihinasin,  34  Am.  B.  K.  818. 

Order  confirminjj  a  composition  i.s  a  judf;ment  granting;  a  discharge  reviewable  by 
appeal  undt-r  Sec.  'Zo-a. 

In  re  Friend  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  595;  134  Fed.  778;  67  C.  C.  A.  500. 

An  order  refusing  to  confirm  a  composition  on  .the  sole  ground  that  '"  it  is  not  for 
the  heat  interests  of  creditors,"  is  not  a  bar  to  a  subsequent  disciiarge,  and  tiierefore 
is  not  a  final  order  denying  a  discharge  from  whicli  an  appeal  will  lie  under  Sec.  25-a 
(2)  of  tlie  Act  authorizing  an  appeal  from  a  judgment  denying  a  discharge. 

In  re  :\IcVoy  Hardware  Co.  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R,  322;  200  Fed.  949;  119 
C.  C.  A.  337. 

Ross  V.  Saunders  (C.  C.  A.  1st  Cir.),  5  Am.  B.  R.  350;  105  Fed.  915;  45  C.  C.  A.  123. 

But  see,  United  States  ex  rel.  Adler  v.  Hammond  (C.  C.  A.  6tii  Cir.),  4  Am.  B.  R. 
73G;   104  Fed.  862;   44  C.  C  A.  229. 

Parties  to  appeal. 

:Marsliail  Field  &  Co.  v.  Wolf  &  Bro.  Dry  Goods  Co.  (C.  C.  A.  8th  Cir.),  9  Am.  B.  R. 
093;   120  Fed.  815;  57  C.  C.  A.  320. 

Ross  V.  Saunders  (supra). 

Time  to  appeal.      In  re  McCall,  10  Am.  B.  R.  070;   145  Fed.  898;  76  C.  C.  A.  430. 

(As  to  appeals  in  composition  cases,  see  '"Appeals,''  infra.) 


FORM  No.  304. 

NOTICE  OF  APPEARANCE  OF   OBJECTING   CREDITOR, 


United  States  District  Court, 

for  the District  of 

Til  Baiikrujitcy. 


Ix  TirK  Matter 

OF 


Banl-riipl . 


Y    Xo. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  clerk  of  this  court  will  please  enter  my  appearance  as  attorney  for 
of   a  creditor  of   


488  FORMS  IN  BANKRUPTCY. 

tlie  above  named  bankrupt,  whose  claim  lias  been  duly  filed  and  allowed  herein, 
and  who  desires  to  file  specifications  of  objection  to  the  confirmation  of  the 
proposed  composition  herein. 

Dated ,19... 

) 

Attorney  for , 

Objecling  Creditor. 
Address 


FORM  No.  305. 

SPECIFICATIONS    OF    OBJECTION    TO    CONFIRMATION    OP 
COMPOSITION. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


(Alleged)   Bankrupt. 


No. 


,  of   ,  a  creditor  and  person 

interested  in  the  estate  of ,  the  al)o\o-named   (allejjed)  bank- 

ru])t,  docs  hereby  oppose  and  object  to  the  confirmation  of  the  composition 
offered  by  said  (alle^^cd)  bankrupt,  and,  for  grounds  of  such  opposition  and 
objection,  does  file  the  following  specifications: 

I.  That  said  composition  is  not  for  the  best  interests  of  the  creditors  herein, 
on  the  ground  that  the  assets  belonging  to  this  estate  properly  handled  and 
administered  will  pay  a  considerably  larger  dividend  to  creditors  and  for  that 
reason  the  proposed  composition  should  not  he  confirmed. 

II.  That  the  (alleged)  bankrupt  has  been  guilty  of  acts  which  would  be  a 
bar  to  his  discharge,  in  that  he  has,  etc. 

[Here  set  forth  specifically  such  acts.] 

III.  That  the  offer  and  its  acceptance  are  not  in  good  faith,  because  of  the 
fact  that: 

[Here  set  forth  acts  or  conduct  conifdained  of.] 


FORMS  IN  BANKRUPTCY.  489 

Wherefore objects  to  the  eonfirmation  oi'  the  com- 
position herein  ajid  asks  a  hearing  of  the  Court  thereon. 

° > 

Objectinq  Credilor. 

By , 

A  Harney. 

Address 

[Verification.] 

NOTES. 

Specifications  of  objection. 

Only  grounds  available  are  those  set  forth  in  Sec.  12  (d). 

In  re  Rudwick,  2  Am.  B.  R.  114;  93  Fed.  787. 

Must  be  definite  and  certain  and  in  the  lang\iaf;^e  of  tlie  Act. 

Should  be  framed  with  great  precision,  with  averment  of  facts,  not  conclusions. 

In  re  Rider,  3  Am.  B.  R.  178;  96  Fed.  808. 

Who  may  file.     Creditor  or  "  party  in  interest." 

An  assignee  of  an  original  claim  against  a  bankrupt  entitled  to  file. 

In  re  Comstock,  19  Am.  B.  R.  65;  1.54  Fed.  747. 

The  number  of  creditors  objecting  is  immaterial. 

In  re  Godwin,  10  Am.  B.  R.  252;  122  Fed.  111. 

In  re  Olman,  13  Am.  B.  R.  395;   134  Fed.  681. 

In  re  Frazin  and  Oppenheim   (So.  Dist.  N.  Y.),   (not  reported). 

Withdrawal  of  objections. 

In  re  Levy  (D.  C.  Mass.),  22  Am.  B.  R.  769;   172  Fed.  780. 

Burden  of  proof  on  objector. 

City  Nat.  Bank  v.  Doolittle  (C.  C.  A.  5th  Cir.),  5  Am.  B.  R.  7.36;  107  Fed.  2.36;  46 
C.  C.  A.  258. 

Burden  on  those  attacking  the  composition  as  against  the  best  interests  of  creditors 
to  show  the  offer  is  inadequate  and  that  a  substantially  larger  sum  might  reasonably 
be  expected  to  result  from  administration  in  regular  course  of  bankruptcy. 

In  re  Hoxie  (D.  C.  .Me.),  25  Am.  B.  R.  32;  180  Fed.  508. 

Grounds  of  objection. 

Because  against  the  best  interests  of  the  creditors. 

Adler  V.  Jones  (C.  C.  A.  6th  Cir.),  6  Am.  H.  K.  245;  109  Fed.  967;  48  C.  C.  A.  761; 
aff'g  103  Fed.  444. 

As  a  general  rule  the  fact  that  a  majority  in  number  and  amount  of  creditors  have 
accepted  is  prima  facie  evidence  that  it  is  for  the  best  interests  of  all. 

In  re  Waynesboro  Drug  Co.,  19  Am.  B.  R.  487;  157  Fed.  101. 

In  re  Arrington  Co.,  8  Am.  B.  R.  64;  113  Fed.  498. 

In  re  Criterion  Watch  etc.  Co.,  8  Am.  B.  R.  206. 

In  re  Woodend,  12  Am.  B.  R.  768;   133  Fed.  593. 

In  re  Ilo.xie   (supra). 

In  re  I'.arde  &  Levitt,  31  Am.  B.  R.  161  ;  207  Fed.  654. 

In  re  Spiller.  36  Am.  B.  R.  399. 

There  must  be  a  majority  in  number  and  amount  of  individual  as  well  as  partner- 
shij)  creditors  for  individual  composition  of  bankruj)!  partner. 

In  re  L.  rilnian  &  Co.   (D.  C.  X.  Y.),  24  Am.  B.  R.  755:    ISO  Fed.  944. 

Because  of  the  commission  of  acts  or  failure  to  perform  duties  which  would  bar 
a  discharge. 

:n  re  Wilson,  5  Am.  D.  R.  849;   107  Fed.  83. 


490  FORMS  IN  BANK KU PTC Y. 

In  ro  Comstock,  19  Am.  li.  R.  65;    154  Fed.  747. 
In  re  Olman,  13  Am.  B.  R.  395;  134  Fed.  681. 
In  re  Godwin,  10  Am.  E.  R.  252;   122  Fed.  111. 
In  re  Barde  {supt-a). 

Materially  false  statement  to  obtain  credit. 
In  re  Oriffin,  25  Am.  B.  R.  206;  180  Fed.  792. 
In  re  O'Callaohan,  29  Am.  B.  R.  304;   199  Fed.  662. 
In  re  McLellan,  30  Am.  B.  R.  325;  204  Fed.  482. 
Failure  to  keep  books. 

In  re  Sabsevitz,  28  Am.  B.  R.  623;  197  Fed.  109. 
Concealment  of  assets  upon  advice  of  counsel. 

In  re  B.  Jacobson  &  Son  Co.  (C.  C.  A.  3rd  Cir.),  28  Am.  B.  R.  492:  196  Fed.  949; 
116  C.  C.  A.  499. 

Because  of  the  absence  of  good  faith. 

In  re  Seligman,  20  Am.  B.  R.  774;   163  Fed.  549. 

In  re  Comstock    {svpra). 

Secret  preferences  render  illefjal. 

In  re  Chaplin,  8  Am.  B.  R.  121;  115  Fed.  162. 

McCormick  v.  Solinsky  (C.  C.  A.  5th  Cir.).  18  Am.  B.  R.  540;  152  Fed.  984:  82  C. 
C.  A.  134. 

Continuing  liability  of  indorser  of  note  not  an  inducement  vitiating  a  composition. 

In  re  B.  Jacobson  &  Son  Co.  (C.  C.  A.  3rd  Cir.),  28  Am.  B.  R.  402:  196  Fed.  949; 
116  C.  C.  A.  499., 

Inequality  among  creditors. 

In  re  Kinnane  Co.   (D.  C.  ().),  34  Am.  B.  R.  119;  221  Fed.  762. 

An  agreement  by  a  trustee  in  bankruptcy  whereby,  witliout  tlie  knowledge  of  other 
creditors,  he  personally  guarantees  to  one  creditor  tlie  payment  of  a  certain  dividend 
in  order  to  induce  such  creditor  to  sign  a  composition  agreement,  constitutes  a  secret 
preference  to  such  creditor,  and  although  it  does  not  render  tlie  composition  void,  is 
unenforceable  as  against  public  policy. 

Jacobs  v.  Siflf  (X.  Y.  Sup.  App.  Term  i ,  27  Am.  B.  R.  189:  74  iNIisc.  (X.  Y.)  58; 
131  X.  Y.  Supp.  656. 

Comi)are  IIanov»-r  Xat.  Bank  v.  ^'an  Xostrand,  142  X.  Y.  405. 

Almon  V.  Hammond,  100  X.  Y.  527. 


FORMS  IN  BANKRUPTCi\ 


491 


FORM  No.  306. 

EXCEPTIONS   TO    SPECIFICATIONS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  thk  Matter 

OF 


V     No. 


Bankrupt. 


,  the  hankrupt  herein  by ,  his 

attorney,  hereby  excepts  to  the  specifications  of  objection  filed  herein  by  .... 

to   the   confirmation   of   his   proposed   composition   with 

creditors  herein  as  follows: 

1.  He  excepts  to  the  first  of  said  specifications  of  objection  as  indefinite, 
insufficient  in  law  and  as  constituting  no  ground  under  the  Bankruptcy  Act 
and  the  Amendments  thereof,  for  withholding  confirmation  of  the  proposed 
composition. 

3.  He  excepts  to  the  second  of  said  specifications  on  the  ground  that  there 
are  no  specific  averments  of  fact  from  which  an  issue  may  be  raised  and  tried. 

Wherefore  this  exceptant  asks  that  said  specifications  be  dismissed. 


Attorney  for  Bankrupt. 
City  of , 


492  FOKMS  IN  BANKEUPTCY. 


FORM  No.  307. 

REPORT  OF  SPECIAL.    MASTER    ON    SPECIFICATIONS    OF    OBJECTION 

TO   COMPOSITION. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


[   No. 


Bankrupt. 


To  the  Honorable  Judge  of  the  District  Court  of  the 

United  States,  for  the District  of : 

I,   ,  to  whom  as  Special  Master,  the  issues  raised  by  the 

specifications  filed  by   ,  creditors,  objecting  to  the  composition 

offered  by  the  bankrupt  herein,  and  accepted  by  a  majority  in  number  and 
amount  of  his  creditors,  were  referred  by  this  court,  for  examination,  testimony 
and  report,  do  respectfully  report  as  follows : 

The  matter  came  on  to  l)e  heard  before  me  upon  notice  of  hearing  served 
upon  the  attorney  for  the  objecting  creditors  with  admission  of  due  and  timely 
service. 
Appearances : 

,  Attorney    for   objecting  creditors. 

,  Attorney  for  bankrupt. 

The  objections   contained   in   the  specifications  filed   in  opposition   to  the 
composition  are in  number : 

1.  That  the  ofl'cr  is  inadequate  in  amount  and  not  for  the  best  interests  of 
creditors. 

2.  That  there  is  no  cash  payment. 

3.  That  the  })ankrupt's  property  is  al)out  to  l)e  put  into  the  hands  of  trustees 
or  directors,  who  are  not  required  to  give  any  bond. 

4.  Because  the  said  bankrupt  has  committed  an  offense  against  the  Baidc- 
ruptcy  Act  in  that  he  did,  etc.      [Specify  nature  of  offense.] 

[Here  follows  sul)stance  of  report,  each  specification  considered  and  soi)a- 
rately  passed  upon.] 

I  have,  therefore,  come  to  the  conclusion  and  report  that  in  my  opinion  the 


FORMS  IN  BANKRUPTCY.  493 

objecting  creditors  have  failed  to  sustain  any  of  their  objections  and  they 
should  each  of  them  be  overruled,  and  T  recommend  that  the  composition  be 
confirmed  for  rejected  upon  opposite  findings.] 

Dated,   , , ,  19.  .. 

Respectfully  submitted, 


Special  Mcuiier. 


FORM  No.  308. 

ORDER  REFUSING  CONFIRMATION  OF  COMPOSITION  UPON   REPORT 

OF  MASTER. 

At  a  Stated  Term  of  the  United  States  District 

Court  for  the    District  of   , 

held   at  the  United   States  Court  House,   City 
of    ,    on   the    ....    day   of 

,  19... 

Present : 

Hon , 

District  Judje. 


In  the  Mattee 

OF 


V     No. 


Jiankriipt. 


An  application  for  confirmation  of  the  composition  offered  by  the  bankrupt 
to   bis   creditors   having  been   made   herein,   and   specifications   of   objection 

having  been  filed  thereto  by ,  and , 

creditors  and  parties  in  interest,  and  such  specifications  having  been  referred 

to   ,  Esq.,  as  special  master  to  ascertain  and  report 

the  facts  with  his  opinion,  and  such  special  master  having  filed  his  report 

dated    ,   19..,  and   recommended   tliat  certain  of  such 

specifications  be  sustained  and  that  the  bankrupt's  offer  of  composition  should 
be  rejected  and  the  proposed  composition  disallowed,  and  upon  the  filing  of 
the  report  of  the  special  master  the  said  application  for  confirmation  of  the 
said  composition  having  been  argued,  and  after  hearing , 


494  FOR:\rR  TN  BANKRUPTCY. 

attorney  for ,  in  support  of  said  motion,  and 

,  attorney  for   ,  in  opposition  thereto, 

Now,  on  motion  of ,  attorney  for ,  it  is 

Ordered,  tliat  the  report  of   ,  special  master  Iierein,  dated 

,  19.  .,  and  filed  in  the  office  of  the  clerk  of  this  court  on  that 

day.  be,  and  the  same  is  hereby  in  all  respects  confirmed ;  and  it  is 

Further  ordered,  that  the  offer  of  composition  made  by   

bankrupt,  be  and  the  same  is  hereby  rejected,  and  the  application  for  the  con-, 
iirmation  of  said  composition  be  and  the  same  is  hereby  denied  and  disallowed; 
and  it  is 

Further  ordered,  that  the  objecting  creditors  herein  recover  their  costs  and 
disbursements  out  of  the  estate  of  the  bankrupt  herein,  to  be  paid  by  the 

trustee,  and  that  it  be  and  the  same  is  hereby  referred  to 

Esq.,  referee  in  charge,  to  ascertain  and  determine  the  amount  to  be  allowed 
to  the  said  objecting  creditors  to  reimburse  them  for  their  costs  and  disburse- 
ments and  to  fix  the  amount  of  the  allowance  to  be  granted  to  the  said 
attorneys  for  the  said  objecting  creditors. 


D.J. 


FORM  No.  309. 

PETITION  TO  SET  ASIDE  A  COMPOSITION. 


In  the  District  Court  of  the  United  States 

for  the District  of 

In  Bankruptcy. 


Ix  THE  Mattkr 

OF 


liaiikrupt. 


To  th2  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  to  this  court  and 

alleges : 

1.  That  he  is  a  creditor  and  party  in  interest  herein,  whose  claim  lias  been 
duly  filed  and  allowed  in  this  proceeding. 


FORMS  IN  BANKKUPTCY.  495 

2.  That  on  the day  of ,  19.  .,  the  Ijaiikrupt  herein, 

after  he  had  been  examined  before  Ihe  referee,  duly  offered  a  composi- 
tion in  said  proceeding  to  his  creditors  upon  the  following  terms  and  con- 
ditions : 

That  said  offer  was  thereafter  duly  accepted  by  petitioner  and  other  creditors 

of  said  l)ankrupt,  ui)on  the  terms  and  conditions  as  offered  and  on  the 

day  of ,  19.  .,  the  said  composition  was  duly  confirmed  l)y  the 

District  Judge  in  the  manner  and  form  as  offered  and  accepted. 

3.  That  said  composition  was  offered  and  accepted  and  confirmed  upon 
statements  that  all  the  creditors  should  share  equally  in  said  composition  and 
receive  the  same  pro  rata  amounts  upon  their  said  several  claims. 

4.  That  since  the  entry  of  the  order  confirming  said  com])osition  and  within 
a  period  of  six  months  thereafter  your  petitioner  has  discovered  that  state- 
ments upon  which  the  said  composition  was  procured  were  false  and  untrue 
and  that  fraud  was  practised  l)y  the  said  bankrupt  in  procuring  the  said  com- 
position in  the  following  particulars :  [here  allege  specifically  the  fraudulent 
acts  of  l)aid<rupt  liy  which  it  is  claimed  the  composition  is  vitiated.] 

0.  That  all  of  the  above  facts  and  circumstances  were  not  known  to  peti- 
tioner prior  to  the  confirmation  of  the  composition  herein. 

6.  That  your  petitioner  relied  upon  the  representations  of  the  bankrupt  and 
would  not  have  accepted  said  composition  had  he  known  the  exact  situation 
and  the  fraudulent  acts  of  the  bankrupt,  as  above  stated. 

7.  Xo  previous  application  for  the  order  asked  for  herein  has  been  made. 
"Wherefore,  your  petitioner  prays  that  the  said  composition  ])e  vacated  and 

set  aside,  the  proceeding  reinstated  and  the  property  returned  to  the  trustee 
for  distribution,  according  to  the  Bankruptcy  Act. 


Petitioner. 
[Verification.] 

NOTES. 

Setting  aside  a  composition. 
Sees.  13  (2),  (9). 

Cross  references.     Sees.  12,  15,  21  (f),  29  (b),  64  (c). 
Collier  on  Bankruptcy   (10th  Ed.),  pp.  304-307. 

In  re  Ballance,  33  Am.  B.  R.  642;  219  Fed.  537;  revg  30  Am.  B.  R.  689;  206  Fed. 
505. 

For  fraud  in  procuring  such  composition. 

Section  13  a  limitation  on  Section  2   (9). 

In  re  Rudwick,  2  Am.  B.  R.  114;  93  Fed.  787. 

What  sufficient. 

In  re  Kaplan,  29  Am.  B.  R.  54. 

Fraud  nmst  have  been  discovered  since  the  confirmation  of  the  composition.  In  re 
Roukous  (D.  C.  R.  I.).  12  Am.  B.  R.  128;  128  Fed.  645. 

Court  may  determine  whether  the  fraud  shown  is  such  as  would  have  warranted, 
had  the  facts  then  been  known,  the  rejection  of  the  composition. 


496  FORMS  IN  BANKRUPTCY. 

In  TV  Sacharoff  and  Kleiner  (D.  C.  X.  Y.),  20  Am.  B.  R.  814;  163  Fed.  664. 

Misrepresentation  and  concealment. 

In  re  Wrisley  Co.  (C.  C.  A.  7th  Cir.),  13  Am.  B.  K.  193;  133  Fed.  388;  66  C.  C.  A. 
450. 

The  making  of  false  schedules  and  false  oath  to  same  and  concealment  of  property 
by  the  bankrupt  constitute  fraud,  "■  practiced  in  the  procuring  of  such  composition." 

In  re  Roukoua  (supra j. 

Failure  to  fulfil  on  part  of  bankrupt  not  sufficient  in  itself  to  warrant  setting  aside. 

In  re  Eisenberg,  16  Am.  B.  R.  776;  148  Fed.  325. 

When  motion  will  not  be  granted. 

In  re  Cooper  Bros.  (D.  C.  N.  Y.),  20  Am.  B.  R.  634;  159  Fed.  956. 

In  re  Abrams  and  Rubins,  23  Am.  B.  R.  25;   173  Fed.  430. 

Union  Furniture  Co.  v.  ^Valker-Cooley  Furniture  Co.,  31  Am.  B.  R.  73;  206  Fed.  217. 

In  re  Ennis  and  Stoppani   (D.  C  X.  Y.),  25  Am.  B.  R.  383;   183  Fed.  859. 

Practice. 

Application  by  "  party  in  interest." 

Creditor  who  has  assigned  his  claim  though  induced  to  do  so  by  bankrupt's  mis- 
representations not  '■  party  in  interest." 
In  re  Wrisley  and  Co.  {supra). 
Assignee  of  claim  may  file. 

Time  limit. 

Application  should  be  made  to  judge  and  within  six  months  after  the  composition 
has  been  confirmed. 

In  re  Eisenberg,  16  Am.  B.  R.  776;  148  Fed.  325.  In  re  Jersey  Island  Packing  Co., 
18  Am.  B.  R.  417;  154  Fed.  839. 

Heard  by  judge  who  granted  original  order. 

In  re  Ennis  and  Stoppani  (D.  C.  X.  Y.),  25  Am.  B.  R.  383;  183  Fed.  859. 

Petition  need  not  allege  that  i)etitioncr  restored  or  offered  to  restore  the  considera- 
tion immediately  on  discovery  of  the  fraud. 

In  re  Roukous  (supra). 

Verification  in  usual  form  for  bill  in  equity  sufficient. 

In  re  Roukous  (supra). 

A  referee  to  whom  as  special  master,  a  petition  to  set  aside  a  composition  has  been 
referred,  may  grant  an  order  reopening  the  estate. 

In  re  Sonnabend,  18  Am.  B.  B.  117. 

Neither  the  i)ctitioncr  nor  the  bankrupt  is  entitled  to  a  jury  trial. 

In  re  Kaplan,  29  Am.  B.  R.  54. 


FORMS  IN  BANKRUPTCY.  497 


FORM  No.  310. 

ORDER   SETTING   ASIDE   A   COMPOSITION. 

At  a  Stated  Term  of  tlie  District  Court  of  the 

United  States,  held  in  and  for  the 

District  of   ,  at  the  Court  House, 

in  the  City  of ,  on  the 

day   of    ,    19.  .. 

Present : 

Hon , 

District  Jud^e. 


In  thk  IMattpui 

OF 


liankrupt. 


,  a  creditor  of  the  above  named  bankrupt,  having 

filed  a  petition  herein,  verified  the day  of ,  19.  .,  praying 

that  the  composition  of  said  bankrupt  with  his  creditors,  confirmed  by  order  of 

this  court  dated  the day  of ,  19.  .,  be  vacated  and  set 

aside  for  fraud  in  procuring  same,  and  the  proceeding  reinstated,  and  an 

order  to  show  cause  having  been  issued  thereon  on  the  ....  day  of , 

19.  .,  and  tbe  said  motion  having  come  on  for  hearing  before  this  court  on  the 
....  day  of ,  19.  .,  (and  a  trial  had). 

Now,  upon  reading  and  filing  the  petition  of   aforesaid, 

and  upon  all  the  pleadings  and  proceedings  herein,  and  after  hearing 

,  Esq.,  in  support  of  said  motion,  and ,  Esq., 

in  opposition  thereto,  and  due  deliberation  having  been  had  thereon,  it  is,  on 
motion  of ,  attorney  for  said  petitioner. 

Ordered,  adjudged  and  decreed  that  the  composition  of  the  bankrupt  with 
his  ere  litors  herein,  confirmed  by  this  court  by  order  made  and  entered  on  the 

day  of ,  19 .  . ,  be  and  the  same  hereby  is  in  all 

respects  vacated  and  set  aside  and  tlie  bankruptcy  proceeding  reinstated. 

And  it  is  further  ordered  that  the  property  of  the  said  bankrupt  be  and 
hereby  is  restored  to  the  trustee  herein  and  the  said  trustee  directed  to  proceed 
with  the  administration  of  this  estate,  as  provided  in  the  Bankruptcy  Act. 

T).  J. 


PART  XL 
RECLAMATION  PROCEEDINGS. 

Form  No.  311.  Demand  in  Reclamation. 

312.  Petition  to  reclaim  Property,  on  Account  of  false  Representations. 

313.  Notice  of  Motion  to  reclaim. 

314.  Petition  to  reclaim  consigned  Goods. 

315.  Answer  in  Reclamation. 

316.  Bond  in  Reclamation  for  Possession  of  Property. 

317.  Order  dismissing  Reclamation. 

318.  Order  of  Reference  to  Special  Master. 

319.  Report  of  Special  Master  in  Reclamation. 

320.  Judgment  in  Reclamation  for  Delivery  etc..  upon  Report  of  Master. 

321.  Bill  of  Costs  in  Reclamation  and  Notice  of  Taxation. 


FORM  No.  311. 

DEMAND    IN   RECLAMATION. 


In  the  District  Court  of  the  T'nited  States, 

for  the District  of  .  .  .  . 

Tn  Bankruptcy. 


Ix  Tin-:  Matter 

OF 


Banl-rujit. 


Please  take  notice  that  the  undersigned  is  the  owner  of  and  entitled  to  the 
immediate  possession  of  the  following  chattels  which  were  wrongfully  and 
unlawfully  obtained  from  him  by  the  above  named  bankrupt,  (or  which  were 
heretofore  delivered  to  said  bankrujjt  upon  a  conditional  sale  agreement,  (or 

r-1081 


FORMIS  iX  BANKRUPTCY. 


499 


consignment   agreement)    dated    ,    19.  . )?   ^^1*^   ^^^^^   *^^ 

undersigned  demands  the  immediate  return  of  said  property,  to  wit : 

[Here  set  forth  property  claimed  in  detail]. 


JJated 


Yours,  etc. 


By 


To ,  Esq., 

Receiver  in  Bankruptcy  of 
[or  Trustee  of] Bankrupt. 


Attorney. 


Sir:— 

FORM  No.  312. 

PFTITION    TO    RECLAIM    BECAUSE    OF    FALSE    REPRESENTATIONS. 

In  the  District  Court  of  the  United  States, 

for  the District  of : 

In  Bankruptcy. 


IX    THE    ^IaTTER 
OF 


Bankrupt. 


\   Xo. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shows  and  alleges : 

First:    (That  your  petitioner  is  a  corporation  duly  organized  and  existing 

under  and  by  virtue  of  the  laws  of  the  Slate  of ,  and  having  an 

office  for  the  transaction  of  its  business  in  the  city  of ). 

Second :   That  at  all  the  times  hereinafter  mentioned,  the 

said  bankrupt  was  engaged  in  business  in  the  City  of as 

> 

Third  :     That  your  petitioner  is  the  owner  and  entitled  to  the  immediate 
possession  of  the  propert}'  set  forth  in  schedule  "A"  hereto  annexed,  and 


500  FORMS  IN  BANKRUPTCY. 

made  a  part  hereof,  and  that  tlie  value  of  said  property  is 

($ )  dollars. 

Fourth :    That  your  petitioner  further  alleges  upon  information  and  ])elief, 

that  heretofore  and  on  or  about  the day  of ,  19 .  . . ,  an 

involuntar}'  petition  in  l)ankruptcy  was  filed  in  the  office  of  the  clerk  of  this 

Court,  by  three  creditors  of  above  bankrupt,  praying  that  the  said 

be  adjudged  an  involuntary  bankrupt,  and  that  thereafter ,  Esq., 

was  duly  appointed  as  receiver  in  bankruptcy  of  the  said , 

and  that  pursuant  to  the  order  of  his  appointment,  he  did  take  possession 
of  and  continues  to  hold  the  property  mentioned  and  described  in  the  sched- 
ule herto  annexed  and  made  a  part  hereof,  marked  "A,"  and  that  the, 
said  property  is  in  the  original  piece  in  which  it  was  delivered  by  your  peti- 
tioner to  the  said (That  on  the day  of , 

19.  .  .,  the  said ,  was  duly  adjudicated  a  bankrupt). 

Fifth :    That  heretofore  and  before  the  commencement  of  this  proceeding, 

due  demand  was  made  by  your  petitioner  upon  the  said ,  Esq., 

Receiver,  that  he  deliver  possession  of  the  said  goods,  wares  and  merchandise 
in  said  schedule  "A"  mentioned  to  your  petitioner,  but  that  said  demand  has 
been  refused. 

Sixth :   That  heretofore  and  at  various  times  l^etween  the day  of 

and  the day  of both  dates  inclusive,  said 

,  upon  false  and  fraudulent  representations,  induced  your 

petitioner  to  sell  and  deliver  to  him  the  said  goods,  wares  and  merchandise 
mentioned  and  described  in  said  schedule  "A"  hereto  annexed,  and  the  said 

wrongfully,  fraudulently  and  Math  intent  to  defraud 

your  petitioner  and  knowing  that  your  petitioner  relied  upon  the  truth  of  the 
representations  so  made,  procured  the  said  property  to  be  delivered  to  his 
custody. 

Seventh :   That  at  the  time  that  the  said  goods  were  so  delivered  to  the  said 

by  your  petitioner  as  aforesaid,  and  at  the  time  that  the 

said  false  and  fraudulent  representations  were  made  as  aforesaid,  the  said 

was  insolvent  and  unable  to  pay  his  debts  in  full  to  his 

knowledge,  and  made  false  and  fraudulent  representations  with  intent  to 
cheat  and  defraud  your  petitioner,  and  so  knowing  his  insolvency  as  afore- 
said, induced  your  petitioner  to  sell  and  deliver  the  said  merchandise  as 
aforesaid  with  the  intent  and  design  not  to  pay  therefor  when  the  term  of 
credit  upon  which  the  same  had  been  sold  should  have  expired. 

Eighth:  Your  petitioner  further  alleges  that  the  false  and  fraudulent 
representations,  the  truth  of  which  he  relied  upon,  and  which  induced  him  to 
sell  and  deliver  the  said  merchandise  as  aforesaid,  are  as  follows,  to  wit : 

That  heretofore  and  on  or  about  the day  of ,  19 .  .  . , 

the  said ,  did  make,  sign  and  deliver  a  written  statement  of 

his  financial  condition  to in  the  City  of , 

wherein  he  did  state  that  he  had  merchandise  on  hand  on  the day  of 


FORMS  IN  BANKRUPTCY.  501 

to  the  value  of  $ ;  outstanding  accounts  of  $ ; 

fixtures  of  the  value  of  $ ;  and  cash  on  hand  and  in  bank  of  $ , 

or  a  total  of  assets  of  $ and  did  further  state  that  his  liabilities 

amounted  to  the  sum  of  $ and  that  he  was  worth  over  and  altove 

all  his  debts  and  liabilities  the  sum  of  $ 

Ninth :  That  your  petitioner  obtained  the  said  statement  previous  to  the  sale 
and  delivery  of  the  said  merchandise  in  said  schedule  "A"  mentioned ;  and 

as  your  petitioner  is  ijiformed  and  does  verily  believe,  the  said 

did  deliver  the  said  signed  statement  as  aforesaid  to  petitioner  for  the  purpose 
of  obtaining  credit,  and  that  your  petitioner  relied  upon  the  truth  of  the 
representations  therein  contained. 

Tenth :    Upon  information  and  belief,  that  the  aforesaid  representations 

were  false  and  untrue,  in  that  the  said did  not  have  on  the 

day  of ,  the  assets  as  heretofore  alleged  and  stated  by 

him  in  said  statement,  of  the  total  value  of  $ ,  and  owed  in  lialiilities 

a  sum  in  excess  of  the  liabilities  as  hereinal)ove  alleged  and  by  him  in  said 

statement  specified  of  $ ,  and  that  the  said    did 

not  have  a  surplus  over  and  above  all  of  his  debts  and  lialjilities  of  the  sum 
of  $ 

I^leventh :  That  the  said  goods  had  )iot  been  taken  by  virtue  of  a  warrant 
against  your  petitioner  for  the  collection  of  any  tax,  assessment  or  fine,  issued 
in  pursuance  of  a  statute  of  the  United  States,  and  that  they  have  not  been 
seized  by  virtue  of  an  execution  or  warrant  of  attachment  from  or  through 
whom  your  petitioner  has  derived  title  to  the  said  chattels. 

AYherefore,  your  petitioner  does  respectfully  pray  that  the  said 

Esq.,  as  said  temporary  receiver  herein,  be  directed  to  deliver  to  your  petitioner 
the  said  property  in  said  schedule  "A"  mentioned  and  descril)ed,  upon  your 
petitioner  filing  in  the  office  of  the  clerk  of  this  Court  a  l)ond  in  doulile  the 
value  of  said  property  to  be  returned  to  him  conditioned  that  in  the  event 
your  petitioner  fails  to  establish  his  right,  title  and  interest  in  and  to  the  said 
property,  that  then,  and  in  that  event,  your  petitioner  will  repay  to  the  said 
receiver,  or  trustee  hereinafter  to  be  elected,  the  value  of  the  said  property  so 
to  ])e  delivered  to  him  and  all  costs  and  expenses,  and  your  petitioner  have 
such  other  and  further  relief,  as  to  this  Honorable  Court  may  seem  just  and 
proper. 

Dated ,  19... 


Petitioner. 


Solicitors  for  Petitioner, 
[Address.] 
[Verification.] 
[Schedule  "A"  annexed.] 


502  FORMS  IX  BANKRUPTCY. 

NOTES. 
Sections  70-a  (.5),  67-a,  d. 

When  right  to  reclaim  exists. 

In  re  Murphy-Barbi'e  Shoe  Co.,  11  Am.  B.  R.  428. 

In  re  Hamilton  Furniture  etc.  Co.,  9  Am.  B.  R.  65;   117  Fed.  774. 

In  re  Patterson  and  Co.,  10  Am.  B.  R.  748;  125  Fed.  562. 

In  re  Weil.  7  Am.  B.  R.  90;  111  Fed.  897. 

In  re  Epstein,  6  Am.  B.  R.  60;   109  Fed.  874. 

In  re  Hildebrant,  10  Am.  B.  R.  184;  120  Fed.  992. 

In  re  O'Connor,  9  Am.  B.  R.  18;  114  Fed.  777. 

John  Silvey  Co.  v.  Tift,  17  Am.  B.  R.  9;  123  Ca.  804;  51  S.  E.  748. 

Halsey  v.  Diamond  Distilleries  Co.  (C.  C.  A.  3rd  C"r.),  27  Am.  B.  R.  333;  191  Fed. 
498;  112  C.  C.  A.  142. 

Purchase  with  intent  not  to  pay. 

In  re  Henry  Siefiel  Co.  (D.  C.  Mass.),  35  Am.  B.  R.  130;  223  Fed.  308. 

Surrender  of  payments. 

In  re  Mvu-phy-Barbee  Shoe  Co.  {supra). 

[Ed.  note.l 

In  Southern  District  of  New  York  by  order  of  judges  reclamations  of  j>roperty  of 
less  than  $500  in  value  must  be  brought  in  municii)al  court. 

When  "consigned  goods"  may  not  be  reclaimed. 

In  re  Penny  and  Anderson  (D.  C.  N.  Y.),  23  Am.  B.  R.  115;  176  Fed.  141. 

Customers  of  bankrupt  stockbroker. 

In  re  Pierson,  Jr.,  and  Co.  (D.  C.  N.  Y.),  .35  Am.  B.  R.  213;  225  Fed.  889. 

Burden  of  proof  upon  claimant. 

In  re  Murphy-Barbee  Shoe  Co.  (supra). 

In  re  Heckathorn  (D.  C.  Pa.),  16  Am.  B.  R.  467;  144  Fed.  499. 

In  re  Sol  Aarons  and  Co.  (C.  C.  A.  2nd  Cir.),  28  Am.  B.  R.  399;  193  Fed  646;  113 
C.  C.  A.  514. 

Hecker- Jones- Jewell  Milling  Co.  v.  Strasbourger  (In  re  Marks)  (C.  C.  A.  2nd  Cir.), 
33  Am.  B.  R.  275;  218  Fed.  453;  134  C.  C.  A.  253. 

When  right  to  reclaim  denied. 

In  re  Hill  Co.  (C.  C.  A.  .7th  Cir.),  12  Am.  B.  R.  221  (note);  123  Fed.  866:  59 
C.  C.  A.  354. 

In  re  Simpson  Mfg.  Co.  (C.  C.  A.  7th  Cir.),  12  Am.  B.  R.  212;  130  Fed.  307;  64 
C.  C.  A.  553. 

In  re  Priegle  Paint  Co.,  23  Am.  B.  R.  385;  175  Fed.  586. 

See,  In  re  Froelich  Rubber  Refining  Co.,  15  Am.  B.  R.  72;  139  Fed.  201. 

In  re  O'Connor.  7  Am.  B.  R.  428;   112  Fed.  666. 

In  re  American  Knit  (Joods  Mfg.  Co.  (D.  C.  N.  Y.),  19  Am.  B.  R.  212;  155  Fed.  906. 

In  re  Berg  (D.  C.  Mass.),  25  Am.  B.  R.  170;  183  Fed.  885. 

In  re  Russell  and  Birkitt,  5  Am.  B.  R.  608. 

Election  of  remedies. 

When  claimant  lias  filed  a  claim  and  voted  for  the  trustee  with  knowledge  of  the 
bankrupt's  fraudulent  representations,  he  may  not  afterwards  rescind  tiie  contract, 
withdraw  his  claim  and  reclaim  the  ;joods. 

Standard  Varnish  Works  v.  Haydock  (C.  C.  A.  6th  Cir.).  16  Am.  B.  R.  286;  143 
Fed.  318;  74  C.  C.  A.  456. 

In  re  Kenyon,  19  Am.  B.  R   194;  156  Fed.  863. 

In  re  Pierce   (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  664;   157  Fed.  757;  85  C.  C.  A.  14. 


FORMS  IN  BANKRUPTCY.  503 

Nauman  Co.  v.  Bradshaw  (C.  C.  A.  Htli  Cir.),  -11  Am.  B.  11.  ,%5;  103  Fed.  3-50;  113 
C.  C.  A.  274. 

Waivin;^  the  fraud  by  ratitioatioii  of  contract. 

Fowler  v.  Britt  (_  arson  Shoe  Co.  ((Ja.  Sup.  Ct.),  27  Am.  B.  K.  232. 

In  re  Stewart,  24  Am.  B.  11.  474;   178  Fed.  463. 

Rescission  of  contract. 

Riglit  to  rescind  depentls  uiion  the  conditions  and  int<'iition  of  tlie  buyer,  when  the 
contract  was  made,  irrespective  of  conditions  at  time  of  delivery. 

In  re  Levi  and  Picard,  16  Am.  B.  R.  756;  148  Fed.  654. 

In  re  Rose,  14  Am.  B.  R.  345;   135  Fed.  888. 

In  re  Levi  and  Picard,  17  Am.  B.  R.  430;  155  Fed.  262. 

McEwen  v.  Totten  (C.  C  A.  5th  Cir.),  21  Am.  B.  R.  336;  164  Fed  837;  00  C  C  A.- 
599. 

In  re  McDonald,  14  Am.  B.  R.  797;  13S  Fed.  463. 

Southern  Pine  Co.  v.  Savannah  Trust  Co.  (C.  C.  A.  5th  Cir.),  15  Am.  B.  R.  618; 
141  Fed.  802;  73  C.  C.  A.  60. 

In  re  Davis,  7  Am.  B.  R.  273;  112  Fed.  294. 

Bloomingdale  v.  Empire  Rubber  Mffj.  Co.,  8  Am.  B.  R.  74;    114   Fed.  1016. 

Wm.  Openhym  and  Sons  v.  Blake  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  639:  157  Fed. 
536;  87  C.  C.  A.  122. 

Haywood  Co.  v.  Pittsburc^h  Industrial  Iron  Works,  19  Am.  B.  \\.  7S0;   16.",  I'ed.  799. 

In  re  Darlington  (D.  C.  N.  Y.),  20  Am.  B.  R.  800;  163  Fed.  385. 

In  re  Dunlop  (Dunlop  v.  Mercer)  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  361;  156  Fed. 
545 ;  86  C.  C.  A.  435. 

In  re  Schindler,  19  Am.  B.  R.  800;  158  Fed.  458. 

In  re  Susquehanna  Roofing  Co.,  23  Am.  B.  R.  5;  173  Fed.  150. 

Crucible  Steel  Co.  of  America  v.  Holt  (C.  C.  A.  6th  Cir.).  23  Am.  B.  R.  .302;  174 
Fed.  127;  98  C.  C.  A.  101;  aflf'd,  224  U.  S.  262;  56  L.  Ed.  7.56. 

Ellet-Kendall  Shoe  Co.  v.  Ward  (C.  C.  A.  8th  Cir.),  26  Am.  B.  1!.  1  U;  1S7  Fed.  982; 
110  C.  C.  A.  320. 

Fraudulent  concealment  of  financial  condition,  when  hopelessly  insolvent. 

In  re  Spann  (D.  C.  Ca.),  25  Am.  B.  R.  551;  183  Fed.  819. 

Gillespie  v.  J.  C.  Piles  and  Co.  (C.  C.  A.  8th  Cir.),  24  Am.  B.  R.  502;  178  Fed.  886; 
102  C.  C.  A.  482. 

Talcott  v.  Henderson,  31  Ohio  St.  162. 

See,  In  re  Lewis  (D.  C.  Pa.),  10  Am.  B.  R.  741  ;  125  Fed.  143. 

In  re  Sol  Aarons  and  Co.  (supra). 

In  re  Hecker-.Ioncs-Jewell  Milling  Co.  v.  Strasbourgcr  ( In  re  Marksl    (sripra). 

Donaldson  v.  Farwell,  93  U.  S.  631. 

Not  necessary  that  false  representations  should  be  the  sole  and  exclusive  considera- 
tion for  the  credit,  but  only  that  they  were  a  material  consideration. 

In  re  Cany.  4  Am.  B.  R.  576;  103  Fed.  930. 

Iviirht  of  defrauded  vendor  for  false  or  fraudulent  representation  not  affected  by 
amendment  of  1910.  In  re  J.  S.  Appel  Suit  and  Cloak  Co.,  28  Am.  B.  R.  818;  198  Fed. 
322. 

What  petition  should  contain. 

SufTicient  allegations  to  sustain  a  complaint  in  trover,  or  such  as  are  required  by 
the  strictest  practice  in  an  affidavit  in  replevin. 

In  re  Levi  and  Picard  (D.  C.  N.  Y.),  17  Am.  B.  R.  430:  155  Fed.  262. 

In  re  Marengo  Co.  Mercantile  Co.,  29  Am.  B.  R.  46;  149  Fed.  474. 

Contra. 

In  re  IMiTce   {supra) . 


504  FORMS  IN  BANKRUPTCY. 

Where  there  has  been  no  false  representations  inducing  the  sale  it  is  necessary  to 
allege  and  prove  the  intent  of  the  bankrupt  not  to  pay  at  the  time  of  making  the 
contract;  not  so,  however,  where  false  representations  have  been  made  which  are  relied 
upon. 

In  re  New  York  Commercial  Co.  (C.  C.  A.  2nd  Cir.),  35  Am.  B.  R.  779;  overruling 
doctrine  of.  In  re  Levi  and  Picard  (D.  C.  N.  Y.),  16  Am.  B.  R.  756;  148  Fed.  654  and 
s.  c.   (supra) . 

See,  Eliot-Kendall  iShoe  Co.  v.  Ward  (C.  C.  A.  8th  Cir.)    (supra). 

in  re  Hamilton  Furniture  and  Carpet  Co.  (D.  C.  Ind.)    (supra). 

Trustee  proper  party  to  defend  against  reclamation. 

In  re  Schlessel,  18  Am.  B.  K.  434. 

Bankrupts  testimony  at  first  meeting  of  creditors  is  admissible  against  his  trustee 
upon  a  hearing  in  reclamation  proceedings  had  after  death  of  bankrupt. 

In  re  Thompson  (D.  C.  X.  J.),  28  Am.  B.  R.  794;  197  Fed.  681. 

Money  paid  under  a  mistake  of  fact  is  impressed  with  a  constructive  trust  which 
follows  it  in  the  hands  of  the  trustee  in  bankruptcy.  In  re  Jacob  Berry  and  Co. 
(C.  C.  A.  2nd  Cir.),  16  Am.  B.  R.  564;   147  Fed.  2U8;   77  C.  C.  A.  434. 

See,  on  following  funds  in  hands  of  factors. 

Bills  V.  Schliep  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  607;  127  Fed.  103;  62  C.  C.  A.  103. 


FORM  No.  313. 

NOTICE  OF  MOTION  TO  RECLAIM.' 


In  the  District  Court  of  the  United  States, 

for  the District  of  .  . . . 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


Xo. 


Please  take  notice  that  upon  the  annexed  petition  of 

verified  the day  of ,  If) ... ,  and  upon  the  petition  in  baiik- 

ruptcy  and  all  the  proceedings  herein,  I  shall  move  this  Court,  at  a  Stated 

Term  thereof  to  be  held  at  the  United  States  Court  House  in  the  City  of 

on  the day  of ,  19 .  .  . ,  at o'clock  in  the  ....  noon 

of  said  day,  or  as  soon  thereafter  as  counsel  can  be  heard,  for  an  order  direct- 
ing and  requiring Esq.,  the  receiver  (or  trustee)  herein, 

to  turn  over  and  deliver  to the  property  mentioned  and 

described  in  Schedule  "A"  hereto  annexed,  or  so  much  thereof  as  has  come 


FOKMS  IN  BANKRUPTCY 


505 


into  his  possession,  [upon  sudi  petitioner  executing  and  iiling  herein  a  bond  in 
tlie  sum  and  form  required  hy  tliis  Court,]  and  for  such  other  and  further 
relief  as  may  be  just  and  proper  in  the  premises. 

Dated ,  I'J.  .  . 

Yours,  etc.. 


To 


Attorney  for  Petilioner. 
[Address.] 


I'einporari/  Receiver  {or  Trustee)  of 


Esq., 

Aiiorneij  for  Receiver  {or  'Trustee). 


Bankrupt. 


FORM  No.  314. 

PETITION    TO    RECLAIM   CONSIGNED    GOODS. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banhriipi. 


To  the  District  Court  of  the  Ignited  States, 

for  the District  of : 

The  petition  of respectfully  shows  to  this  Court : 

1.  That  he  is  engaged  in  Inisiness  as at 

2.  That  heretofore  on  or  a])out    the day  of ,  19 ... , 

a  petition  in  involuntary  bankruptcy  was  filed  in  this  Court  hy  three  creditors, 

praying  that above  named,  be  adjudged  a  bankrupt  and  on 

said  day Esq.,  was  duly  appointed  receiver  of  all  the  assets 

and  effects  of  said  alleged  bankru])t  duly  qualified  and  is  now  acting  as  such 
receiver. 

3.  (An  order  of  adjudication  in  bankruptcy  herein  was  entered  on  the  .... 
day  of ,  10.  ..) 


506  FOKMS  IX  BANKRUPTCY. 

4.  That  heretofore  and  between  the day  of and  the 

day  of ,  15) . .  .,  l)oth  dates  inclusive,  petitioner, 

at  the  special  instance  and  request  of  the  said   ,  the  ])ankrupt 

herein,  delivered  upon  consignment  to  the  said    ,  the  goods, 

wares   and   merchandise   specified   in   the   schedule   hereto   amiexed,   marked 
Exhibit  "A",  and  made  a  part  hereof. 

5.  That  prior  to  the  delivery  of  the  said  goods,  and  on  or  about  the 

day  of   ,  19 ... ,  the  said  petitioner  and   entered 

into  an  agreement  in  writing,  a  copy  of  which  is  hereto  annexed  and  marked 
Exhil)it  "  B  "  and  made  part  hereof  as  though  herein  specifically  set  forth. 

That  the  goods  referred  to  in  the  annexed  schedule  were  delivered  suljject 
and  pursuant  to  the  conditions  set  forth  in  the  said  agreement,  and  are  and 
remain  the  al)Solute  property  of  petitioner,  who  is  entitled  to  the  immediate 
possession  of  same. 

6.  That  pursuant  thereto  your  petitioner  has  heretofore  demanded  the  return 
of  the  said  goods,  or  the  moneys  which  i^re  set  forth  therein  as  its  equivalent, 
but  the  said has  neglected  and  refused  to  return  the  same. 

7.  Upon  information  and  lielief  that  the  said  property  is  now  in  the  posses- 
sion of  the  said ,  as  receiver,  and  your  petitioner  has  duly 

demanded  of  him  the  return  of  the  said  merchandise,  but  the  said  receiver 
has  refused  to  deliver  the  same. 

Wherefore,  petitioner  prays  for  an  crder  directing  the  said  receiver  to 
forthwith  deliver  to  petitioner  the  said  goods  in  his  possession  covered  by  the 
said  consignment  agreement,  or  any  moneys  which  he,  the  said  receiver,  may 
have  received  upon  the  sale  thereof  previous  to  the  entry  of  such  order. 

[Add  prayer  for  restraining  order,  if  desired.] 

Dated ,19... 


Petitioner. 
[Verification.] 

NOTES. 

Conditional  sales. 

Reservation  of  title. 

York  Mffr.  Co.  v.  Brewster   (C.  C.  A.  5th  Cir.).  23  Am.  P..  R.  474;   174  Fed.  566; 
98  C.  C.  A.  348. 

John  Deere  Plow  Co.  v.  Anderson   (C.  C.  A.  5th  Cir.).  23  Am.  B.  R.  4S0;   174  Fed. 
815. 

Chilberg  v.  Smith  (In  re  American  Machine  Works)    (C.  C.  A.  0th  Cir.).  23  Am.  B. 
R.  483;  174  Fed.  805;  98  C.  C.  A.  523. 

Ludvigh  V.  American  Woolen  Co.  and  ano.,  23  Am.  B.  R.  314;   176  Fed.  145. 

In  Indiana,  not  valid  when  purpose  is  a  resale  of  the  article. 

In  re  GiUipan   (Troy  Wajion  Works  v.  Hancock)    (C.  C.  A.  7th  Cir.).  23  Am.  B.  R. 
668;  152  Fed.  605;  81  C.  C.  A.  505. 

Walter  A.  Wood  Mowinjr  and  R.  Machine  Co.  v.  Vanstory   (C.  C.  A.  4th  Cir.),  22 
Am.  B.  R.  740;  171  Fed.  375;  96  C.  C.  A.  331. 

Corbitt  Buggy  Co.  v,  Ricaud  (C.  C.  A.  4th  Cir.).  22  Am.  B.  R.  316:  160  Fed.  O.-^^; 
95  C.  C.  A.  279.  • 


FORMS  IN  BANKRUPTCV.  507 

The  validity  of  contract  dcpt'iids  ui)on  the  law  of  tho  State  where  chattels  art- 
placed. 

Davia  v.  Cromptou   (C.  C.  A.  3rd  Cir.),  20  Am.  B.  K.  53;    158  Fed.  735;   85  C.  C, 

A.  633. 

First  Nat.  Bank  of  Pittsburgh  v.  (Juarantee  Title  and  Ti-ust  Co.,  178  Fed.  187. 

In  re  E.  M.  Newton  and  Co.  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  567;  153  Fed.  841; 
83  C.  C.  A.  23. 

Unitypc  Co  v.  Long  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  282;  143  Fed.  315;  74  C. 
C.  A.  453;  aff'g  14  Am.  B.  R.  668;  136  Fed.  989. 

In  re  Angeny  (D.  C.  Pa.),  18  Am.  B.  R.  491;  151  Fed.  959;  dist'g  In  re  Tice,  15 
Am.  B.  R.  97;  139  Fed.  52. 

In  re  Cohen  (D.  C.  N.  Y.),  20  Am.  B.  R.  796;  163  Fed.  444. 

Mishawaka  Woolen  Mfg.  Co.  v.  Smith  (D.  C.  Wis.),  20  Am.  B.  R.  317;  158  Fed. 
885;  rev'd,  172  Fed.  98;  96  C.  C.  A.  412. 

Pontiac  Buggy  Co.  v.  Skinner  (D.  C.  N.  Y.),  20  Am.  B.  R.  206;  158  Fed.  858. 

Pridmore  v.  Puffer  Mfg.  Co.  (C.  C.  A.  4th  Cir.),  20  Am.  B.  R.  851;  163  Fed.  406; 
90  C.  C.  A.  42. 

In  re  Columbus  Buggy  Co.  (C.  C.  A.  8th  Cir.),  16  Am.  B.  R.  750;  143  Fed.  859; 
74  C.  C.  A.  611. 

In  re  Nelson,  27  Am.  B.  R.  272;  191  Fed.  233. 

Mishawaka  \\'oolen  ^Ifg.  Co.  v.  Westveer  (C.  C.  A.  6th  Cir.),  27  Am.  15.  R.  345;  101 
Fed.  465;  112  C.  C.  A.  109. 

Conditional  sale,  Pennsylvania  Rule,  "  constructively  fraudulent." 

In  re  Butterwick,  12  Am.  B.  R.  536;  131  Fed.  371. 

In  re  Rinker,  23  Am.  B.  R.  62;  174  Fed.  490. 

In  re  Burt,  19  Am.  B.  R.  123;  155  Fed.  267;  In  re  Morris,  19  Am.  B.  R.  422; 
156  Fed.  597. 

See,  Davis  v.  Crompton  (C.  C.  A.  3rd  Cir.)    (supra). 

Sale  or  bailment. 

York  Mfg.  Co.  v.  Cassell  (U.  S.  Sup.),  15  Am.  B.  R.  633;  201  U.  S.  344;  50  L.  Ed. 
782;  rev'g    14  Am.  B.  R.  52;  135  Fed.  52;  67  C.  C.  A.  526. 

In  re  Wells,  15  Am.  B.  R.  419;  140  Fed.  752. 

In  re  Tice,  15  Am.  B.  R.  97;  139  Fed.  52. 

In  re  Heckathorn,  16  Am.  B.  R.  467;  144  Fed.  499. 

In  re  Wood.  15  Am.  B.  R.  411;  140  Fed.  964. 

In  re  Gait  iC.  C.  A.  7th  Cir.),  13  Am.  B.  R.  575;  120  Fed.  64;  56  C.  C.  A.  470. 

In  re  Poore.  15  Am.  B.  R.  174;   139  Fed.  862. 

In  re  Pierce   (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  664:   157  Fed.  757;   85  C.  C.  A.  14. 

In  re  Fabian,  18  Am.  B.  R.  488;  151  Fed.  949. 

In  re  Smith  and  Nixon  Piano  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  636;  149  Fed. 
Ill;  79  C.  C.  A.  53;  rev'g  13  Am.  B.  R.  276;  132  Fed.  983. 

L.  C.  Smith  and  Bro.  Typewriter  Co.  v.  Alloman  (C.  C.  A.  3rd  Cir.),  28  Am.  B.  R. 
699;  199  Fed.  1;  117  C.  C  A.  577;  rev'g  In  re  Franklin  Lumber  Co.  (D.  C  Pa.),  26  Am. 

B.  R.  37;  187  Fed.  281. 

Thomas  v.  Field  Brundage  Co.  (C.  C.  A.  8th  Cir.),  32  Am.  B.  R.  569;  215  Fed.  801; 
132  C.  C.  A.  231. 

Failure  to  file,  since  Amendment  of  1910  to  Section  47-a  (2)  vesting  in  trustee  the 
rights  of  a  lien  creditor. 

In  re  Franklin  Lumber  Co.   (D.  C.  Pa.).  26  Am.  B.  R.  37:    187  Fed.  281;   rev'd.  L. 

C.  Smith  and  Bro.  Tyj.. -writer  Co.  v.  Alleman.  28  Am.  B.  R.  690:  100  Fed.  1  :  117  C.  C.  A. 
577. 

In  re  J.  S.  App^l  Suit  and  Cloak  Co..  28  Am.  K  R.  818;   198  Fed.  322. 


508  FORMS  IN  BANKRUPTCY. 

In  re  Bazemore  (D.  C.  Ala.),  26  Am.  B.  R.  494;  189  Fed.  236. 

In  re  Johnson  (D.  C.  Conn.),  33  Am.  B.  R.  104;  215  Fed.  666. 

In  re  Faulkner  (D.  C.  Conn.j,  25  Am.  B.  R.  416;  181  Fed.  981. 

In  re  Johnson  (D.  C.  Okla.),  31  Am.  B.  R.  579;  212  Fed.  311. 

Baker  Ice  Machine  Co.  v.  Bailey  (C.  C.  A.  8th  Cir.)  (Kansas  Stat.),  31  Am.  B.  R. 
593;  209  Fed.  603;  126  C.  C.  A.  425. 

Townsend  v.  Ashepoo  Fertilizer  Co.  (C.  C.  A.  4th  Cir.),  31  Am.  B.  R.  682;  212  Fed. 
97;  128  C.  C.  A.  613. 

Augusta  Grocery  Co.  v.  Southern  Moline  Plow  Co.  (C.  C.  A.  4th  Cir.)  (So.  Car. 
Stat.),  31  Am.  B.  R.  677;  213  Fed.  786;  130  C.  C.  A.  444. 

In  re  Waite  Robbins  Motor  Co.  (D.  C.  Mass.),  27  Am.  B.  R.  541;  192  Fed.  47. 

In  re  Rose   (D.  C.  Ga.),  30  Am.  B.  R.  791;  206  Fed.  991. 

Amendment  of  1910  to  Section  47-a  (2) ;  no  retroactive  effect. 

Holt  V.  Henly  (U.  S.  Sup.),  32  Am.  B.  R.  16;  232  U.  S.  637;  58  L.  Ed.  767;  rev'g, 

B.  c.  27  Am.  B.  R.  578;  193  Fed.  1020;  113  C.  C.  A.  87;  and  In  re  Williamsburg  Knitting 
Mill,  27  Am.  B.  R.  178. 

Arctic  Ice  Machine  Co.  v.  Armstrong  County  Trust  Co.  (C.  C.  A.  3rd  Cir.),  27 
Am.  B.  R.  562;  192  Fed.  114;  112  C.  C.  A.  458. 

Amendment  gives  a  rule  of  interpretation  rather  than  a  substantial  right. 

In  re  Farmers'  Co-operative  Co.  of  Barlow  (N.  D.),  30  Am.  B.  R.  190;  202  Fed.  1005. 

In  New  York  held  valid  as  against  trustee  by  virtue  of  Section  62.  Artich-  4,  of 
Personal  Property  Law. 

In  re  I.  S.  Remsen  Mfg.  Co.  (D.  C.  X.  Y.  i ,  35  Am.  B.  R.  19.5;  227  Fed.  207;  aff'd, 
(C.  C.  A.  2nd  Cir.),  36  Am.  B.  R.  799. 

In  re  White's  Express  Co.  (C.  C.  A.  2nd  Cir.),  33  Am.  B.  R.  74;  215  Fed.  894;   132 

C.  C.  A.  234. 

In  New  Jersey. 

In  re  O'Brien  (P.  C.  N.  J.),  32  Am.  B.  R.  347:  215  Fed.  129. 

In  Alabama. 

In  re  Dancy  Hardware  and  Furniture  Co.  (D.  C.  Ala.),  28  Am.  B.  R.  444;  198  Fed. 
336;  aff'd,  201  Fed.  1023. 

Local  law  determines  question  whether  property  sold  under  conditional  sale  agree- 
ment becomes  part  of  the  realty. 

National  Bank  of  Commerce  v.  Carbondale  ilachine  Co.  (C.  C.  A.  8th  Cir.),  27  Am. 
B.  R.  840;    195  Fed.  187;    115  C.  C.  A.  139. 

As  to  right  of  reclaiming  creditor  to  subsequently  tile  claim  after  expiration  of 
year. 

See,  In  re  Landis,  19  Am.  B.  R.  420:  156  Fed.  318. 

Absolute  bill  of  sale  in  effect  a  chattel  mortgage  void  for  failure  to  file  as 
re(|uired  by  State  law. 

In  re  Gerstman  and  Bandman  (C.  C.  A.  2nd  Cir.),  19  Am.  B.  R.  145;  157  Fed.  550; 
85  C.  C.  A.  211;  aff'g  17  Am.  B.  R.  882. 

In  re  Schlessel,  18  Am.  B.  R.  4.34. 

In  re  King  Motor  Car  Co.,  31  Am.  B.  R.  172. 

In  re  Watts-Woodward  Press,  Inc.  (C.  C.  A.  2nd  Cir.),  24  Am.  B.  R.  684;  181  Fed. 
71:   104  C.  C.  A.  105. 

Reservation  of  title  upon  shifting  stock  of  merchandise. 

Flanders  Motor  Co.  v.  Reed  (C.  C.  A.  1st  Cir.),  33  Am.  B.  R.  842;  220  Fed.  642; 
aff'g  In  re  Harrington,  32  Am.  B.  R.  828;  212  Fed.  542;  and  29  Am.  B.  R.  691. 

In  re  Noethen  (C.  C.  A.  2nd  Cir.),  29  Am.  B.  R.  234;  201  Fed.  97;  119  C.  C.  A.  435; 
aff'g  27  Am.  B.  R.  910;  195  Fed.  573. 

In  re  Volence,  27  Am.  B.  R.  914;   197  Fed.  232. 


FORMS  IN  BANKRUPTCY.  5U9 


FORM  No.  315. 


ANSW^ER  IN  RECLAMATION. 

United  States  District  Court, 

for  the District 

lu  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


No. 


as  Receiver  in  Bankruptcy  (or  Trustee)  of  the  estate 

of  the  above  named  bankrupt,  answerin,^  the  petition  of  the  claimant  herein, 
shows  and  alleges,  upon  information  and  belief : 

1.  Admits  the  allegations  of  plaintiff's  petition  numbered , , 

, , , ,  and 

2.  The  receiver  (trustee)  further  answering  the  said  petition  denies  that 
he.  has  knowledge  or  information  sufficient  to  form  a  belief  as  to  the  allega- 
tions of  paragraphs  numbered and of  said  petition,  and 

therefore  denies  same. 

3.  The  receiver  (trustee)  further  answering  the  said  petition,  denies  the 
allegations  of  paragraph of  said  petition. 

4.  The  receiver  (trustee)  denies  the  allegations  of  paragraph but 

admits  that  a  letter  dated  ,  from  the  attorneys  for  the  peti- 
tioner herein  and  written  after  the  filing  of  the  petition  of  bankruptcy  herein 
and  containing  an  alleged  demand  was  received  by  the  bankrupt  herein. 

5.  The  receiver  (trustee)  further  answering  the  said  complaint  admits  that 
a  certain  portion  of  the  property  claimed  by  the  petitioner  has  come  into  the 
hands  of  the  receiver  (trustee)  as  a  part  of  the  assets  1)elonging  to  this  estate. 

The  receiver  (trustee)  further  answering  said  petition  for  a  further  and 
S(iparate  defense  (or  counter-claim)   thereto  alleges: 

[TTere  set  forth  specifically  defense  or  counter-claim.] 

Wherefore,  the  receiver  (trustee)  demands  judgment  dismissing  the  peti- 
tion of  the  claimant  herein,  with  costs. 


As  Receiver  (Tru.'^tee)  in  Banl-ruptcy  of 
(Address.) 


Afforneji  for  Receiver  (Trustee). 
[Verification.] 

NOTES. 
[Trustee  after  appointment  proper  person   to  answer  and  defend.] 


510 


FORMS  IN  BANKRUPTCY. 


FORM  No.  316. 

BOND    IN    RECLAMATION    FOR    POSSESSION    OF    PROPERTY. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banhrnpi. 


Xo. 


Know  all  men  by  these  presents : 

That  we, of as  Principal,  and 

a  Corporation  organized  under  the  laws  of  the  State  of 

,  with  offices  at  Xo Street,  in  the  City  of , 

State  of (a  certificate  having  been  filed  for  the  transaction  of 

its  business  with  the  Secretary  of  State),  as  Surety,  are  held  and  firmly  bound 

unto   ,  as  Temporary  Eecciver  for    bankrupt, 

and  to  the  Trustee  in  Bankruptcy  of  the  said  bankrupt  when  elected,  or  their 

or  either  of  their  successors  or  assigns,  in  the  sum  of dollars 

[amount  double  value  of  property],  lawful  money  of  the  United  States  of 
America,  for  which  payment  well  and  truly  to  be  made,  we  bind  ourselves,  our 
successors  and  assigns,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this  day  of in 

the  year  one  thousand  nine  hundred  and 

AVhereas,  in  the  al)0ve  entitled  proceeding  a  petition  was  duly  presented  on 

behalf  of  the  above  bound  principal  praying  that as  such 

receiver  aforesaid  deliver  to  the  said  petitioner  certain  property  described 
in  the  said  petition ;  and 

Whereas,  an  order  was  duly  entered  on  the day  of 

directing  the  said   Eeceiver  as  aforesaid,  to  deliver  to  the  said 

principal,  or  his  order,  certain  property  described  in  the  said  petition,  or  so 

much  thereof  as  shall  have  come  into  the  possession  of  the  said 

receiver,   upon   condition   that  the  said   princij^al    oxofutc.   acknowledge   and 

deliver  to  the  said  as  receiver,  a  good  and  sufficient  bond 

conditioned  as  provided  for  in  said  order. 

Xow.  therefore,  the  condition  of  this  obligation  is  such,  that  if  in  case  it 
shall  be  finally  determined  that  the  said  principal  is  not  entitled  to  the  said 


FORMS  IN  BANKRUPTCY.  511 

goods  above  referred  to,  as  by  the  tinal  judgment  or  order  may  appear,  the 

said  principal  shall  well  and  truly  pay  to  the  said   receiver  as 

aforesaid,  his  successor  or  successors,  or  to  the  trustee  who  shall  hereafter 
qualify  in  the  above  entitled  proceeding,  the  value  of  the  goods  as  agreed, 

namely   dollars,  which  value  is  hereby  agreed  upon  as  the 

value  of  the  said  goods  at  the  time  of  delivery,  together  with  interest  and  costs, 
and  if  the  said  petitioner  shall  diligently  prosecute  the  aforesaid  petition,  and 
the  performance  of  any  and  all  judgments  or  final  orders  which  may  l)e  finally 
recovered  against  the  said  property  in  this  court,  or  any  appellate  court,  in 
case  of  appeal  or  review,  and  the  said  principal  and  surety  stipulate  to  al)ide 
by  all  orders  of  the  court,  interlocutory  and  final,  and  to  pay  the  amount 
awarded  by  the  final  judgment  or  decree  rendered  by  the  Bankruptcy  Court 
or  the  Appellate  Court,  if  an  appeal  or  petition  to  review  intervene,  with 
interest. 
And  that  a  decree  or  judgment  may  be  entered  summarily  against  it  as 

provided  liy  Rule and  upon  said  decree  or  judgment  being  entered, 

summary  process  of  execution  shall  be  issued  against  the  principal  and  the 
surety  by  the  Court  in  which  such  claim  is  presented  to  enforce  the  final 
order  or  decree  as  rendered  or  upon  appeal  by  the  Appellate  Court,  then  this 
obligation  is  to  be  void,  otherwise  to  remain  in  full  force  and  virtue. 

,  L.  S. 

By    , 

AUorneij-in-fact. 
[Acknowledgment  liy  princi]ial  and  surety.] 

NOTES. 
Juiisdiction  of  court  to  canct'l. 

In  re  KefTcaled  Ice  Co.,  29  Am.  B.  R.  69;  199  Fed.  340. 
In  re  Todd,  G  Am.  B.  R.  88;  109  Fed.  265. 


512 


FORMS  IN  BANKRUPTCY. 


FORM  No.  317. 


ORDER  DISMISSING  RECLAMATION. 


At  a  Stated  Term  of  the  District  Court 
of  the  United  States,  in  and  for  the  .... 

District  of ,  at  the  Court 

House,  in  the  City  of   ,  on 

the day  of , 

19... 


Present : 
Hon 

District  Judge. 

Ix  THE  Matter 

OF 

Banl-rupt. 

An  application  having  lieen  made  by ,  to  reclaim  certain 

chattels  now  in  the  possession  of  the  receiver  (trustee)  herein,  and  more  par- 
ticularly mentioned  and  described  in  the  petition  of  the  said  reclaiming 
creditor,  and  the  receiver  (trustee)  having  filed  his  verified  answer  in  oppo- 
sition thereto  and  having  moved  to  dismiss  the  said  petition  on  the  ground 
of  insufficiency,  and  the  same  having  duly  come  on  for  argument,  after  hearing 

in  support  of  said  application,  and in 

opposition  thereto,  upon  reading  and  filing  tlie  petition  of , 

verified  the day  of 19 ... ,  and  the  answer  of  .... 

,  receiver  (trustee)  herein,  verified  the day  of , 

ID... 

Now,  upon  motion  of ,  attorney  for  the  receiver,  (trustee) 

it  is 

Ordered,  that  the  said  a))])lication  of to  reclaim  certain 

property  now  in  the  possession  of  the  receiver  (trustee)  herein,  lie  and  hereby 
is  dismissed. 


I).  ./. 


FORMS  IN  BANKRUPTCY. 


513 


FORM  No.  318. 

ORDER  OF  REFERENCE  TO  SPECIAL,  MASTER. 

At  a  Stated  Term  of  the  United  States 

District  Court  for  the   

District  of  ,  held  at  the 

U.  S.  Court  House  in   ,  on 

the day  of , 

19... 


Present : 
Hon.  . 


Didrict  Judge. 


In  the  Matter 

OF 


Bankrupt. 


On  reading  and  filing  the  petition  of verified  the day 

of ,  19.  . .,  and  it  appearing  therefrom  that  the  petitioner  seeks  to 

recover  possession  of  certain  goods  now  in  the  possession  of 

Es(|.,  the  receiver  in  bankruptcy  of  the  above  named  bankrupt  under  a 
claim  of  title  thereto  and  the  said  receiver  having  fileil  his  duly  verified 
answer  denying  the  right  of  petitioner  to  such  possession ;  now  on  motion  of 
,  attorney  for  said  petitioner,  it  is 

Ordered,  that   the  said  petition  be  and  the  same  hereby   is   referred   to 

Esq.,  as  Special  Master  for  examination,  testimony  and 

report,  and  it  is  further  ordered  that  pending  the  report  of  said  Special  ^Master 
and  entry  of  order  thereon,  the  said  receiver  in  bankruptcy  retain  possession 
of  said  goods  unless  petitioner  execute  and  file  herein  a  bond  in  double  the 
value  of  said  goods  in  the  manner  and  form  approved  by  this  Court. 


■District  Judge. 


NOTES. 


Reference  to  special  master  and  not  to  referee  as  such. 

In  re  Tracy  (C.  C.  A.  2nd  Cir.),  24  Am.  B.  R.  539;  179  Fed.  366;  102  C.  C.  A.  644. 


514  FORMS  IN  BANKRUPTCY. 

FORM  No.  319. 

REPORT   OF    SPECIAL    MASTER    IN    RECLAMATION. 

District   Court  of  the  United  States, 

District   of    : 


In  the  ^Mattek 

OF 


Bankrupt. 


To  the  Honorable  Judge  of  the  District  Court  of  the  United  States  for  the 
District  of : 

I,  the  undersigned  referee  in  bankruptcy,  to  whom  as  special  master  the 

application  of   for  an  order  directing  the  receiver  herein 

to  deliver  to  petitioner  or  his  attorney  certain  property  in  said  petition  men- 
tioned, was  duly  referred  by  order  dated for  examination, 

testimony  and  report,  do  hereby  report  as  follows : 

That  the  above  matter  was  duly  brought  on  for  hearing  before  me  and 
proceedings  had  thereon  of  which  stenographic  minutes  are  filed  herewith, 
marked  Schedule  "A." 

[That  an  agreed  statement  of  facts  was  submitted  to  me,  which  is  filed 
herewith  marked  Schedule  "  B."] 

Findings  of  Fact. 

From  the  documents  and  proceedings  had  herein  it  api^ears  that: 
[Here  set  for  facts  forming  ])asis  for  report.] 


Conclusions  of  Law. 


[Furthermore,  the  precise  questions  here  under  consideration  appear  to  have 

been  considered  and  decided  in  the  case  of   by  Judge 

in  the  District  of ] 

For  the  foregoing  reasons  I  am  of  opinion  that  the  petition  of  the  claimant 
should  be  granted   [or  denied]. 


FORMS  IN  BANKRUPTCY. 


515 


I  state  my  fee  as  special  master  at  the  sum  of  $ and  return  here- 
with all  papers  in  this  proceeding. 

(All  of  which  is  respectfully  suhmitted.) 
Dated ,19... 


Special  Master. 


FORM  No.  320. 

JUDGMENT  IN   RECLAMATION   FOR  DELIVERY,   ETC.,   UPON   REPORT 

OF    MASTER. 

At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of held  in  the  United 

States  Court  House  in  the  City  of 

on  the day  of , 

19... 
Present : 

Hon , 

Disirict  Judge. 


Ix  THE  Matter 

OF 


and 


Bankrupts. 


Y  No, 


,  havin^f  duly  lieretofore  filed  his  jictitioii  prayiii<>: 

leave  to  reclaim  certain  property  more  particuhirly  mentioned  and  described 
in  said  ])etition  upon  the  grounds  that  the  said  bankrupts  above  named  while 
insolvent,  to  tiieir  knowledge,  oI)taincd  delivery  of  the  said  property  with 
intent  upon  their  part  not  to  ])ay  therefor,  and  that  tlio  ])urchase  and  sale  of 
the  said  property  was  induced  by  certain  false  and  fraudulent  re])resentations 
as  to  their  (inancial  condition  as  is  more  particularly  set  forth  in  said  petition  : 
and   the  receiver  of  the  said   bankru])ts  above  named  having  duly   filed  his 

answer  and  the  issues  having  ])een  duly  referred  to Esq.,  as 

special  master:  and  a  trial  of  the  said  issues  having  l)een  liad,  and  the  said 

special  master  having  duly  rendered  his  report  dated  the   day  of 

19.  ...  in  favor  of  the  said  reclaiming  creditor  and  against  the 

said  receiver ;  and   a   motion   having  been   duly  made  for  the  entry  of  an 


516  FORMS  IN  BANKRUPTCY. 

order,  judgment  and  decree  confirming  the  said  re^jort  of  the  said  special 
master,  and  that  final  judgment  be  entered  in  favor  of  the  said  creditor  and 

against  the  said  receiver,  and  after  hearing of  counsel  for 

the  reclaiming  creditor  in  support  of  the  said  application  for  judgment,  and 

as  counsel  for  the  receiver  in  opposition  thereto,  and  due 

deliberation  having  been  had, 

It  is,  on  motion  of ,  attorneys  for  said  creditor 

Ordered,  adjudged  and  decreed  that  the  report  of Esq., 

be  and  the  same  is  hereby  confirmed,  and  it  is  further 

Ordered,  adjudged  and  decreed  that do  recover  of  the  receiver 

of  the  Imnkrupts  aljove  named  the  property  more  particularly  and  in  detail 
set  out  in  the  schedule  hereto  annexed  end  marked  "  Schedule  A."  or  iir  the 
event  of  the  failure  or  inabilit}^  of  the  said  receiver  to  deliver  the  said  prop- 
erty to  the  said  creditor  as  aforesaid  then  that  the  said  creditor 

do  recover  of  the  said  receiver  of  the  bankrupts  above  named 

damages  in  the  sum  of  $ with  interest  thereon  from  the 

day  of   ,  and  it  is  further 

Ordered,  adjudged  and  decreed  that do  recover  of  the  receiver 

of  the  l:)ankrupt  estate  herein  the  costs  and  disbursements  of  this  proceeding 

as  taxed  by  the  clerk  of  this  court  at  the  sum  of  $ ,  and  that  the  clerk 

of  this  court  be  and  he  hereby  is  directed  to  docket  a  judgment  in  favor  of 

the  said and  as  against  the  receiver  of  the  bankrupts  above 

named,  for  the  recovery  of  the  above  property  or  damages  in  the  event  of 
failure  to  deliver  the  same,  together  with  the  costs  and  disl)ursements  so  taxed, 
the  same  to  be  paid  out  of  the  bankrupt  estate. 


154. 


District  Judge. 
NOTES. 
[Substitute  trustee  after  election  and  quai:fication.] 
Property  or  its  proceeds  if  same  are  traceable. 
In  re  Fabian,  18  Am.  B.  R.  48S;  151  Fed.  949. 
Right  of  inspection  to  claimant. 
In  re  Sauer,  10  Am.  B.  R.  353;  122  Fed.  101. 
Burden  of  proof  as  to  identity. 
Smith  V.  Mottley  (C.  C  A.  6th  Cir.),  17  Am.  B.  R.  863;  150  Fed.  266:  80  C.  C  A. 


Only  recovery  of  tlie  identified  goods  may  be  liad;  as  to  goods  sold  or  otherwise 
disposed  of  by  the  bankrujjt.  the  vendor  is  left  to  liis  remedy  as  a  creditor. 
In  re  Eliowich,  17  Am.  B.  R.  419;  148  Fed.  464. 


FORMS  IN  BANKRUPTCY 


517 


V  FOEM  No.  321. 

BILL  OF  COSTS  IN  RECLAMATION  AND  NOTICE  OF  TAXATION. 


United  :States  District  Court, 

for  the District  of 

In  Bankruptcy. 


Ix  THE  ^Matter 

OF 


Bankrupt. 
Ke  Keclamation  Proceedings  of 


.  .  .  Bill  of  Costs. 
Costs. 


Docket  fee 


Disbursements. 

Fee  of  Special  Master 

Stenographer's  fee  for  testimony  on  hearing  .  . 


$20 


Total 


State  of  .... 

County  of  .  . 

District  of 


ss. 


,  being  duly  sworn,  says:  that  he  is  the  attorney  for 

,  claimant    (or  respondent)   herein ;  that  the  foregoing 

disbursements  are  correct  in  amount,  were  necessarily  incurred,  and  have 
actually  been  paid  by  deponent.  That  this  affidavit  is  made  by  deponent 
because  the  matters  therein  contained  are  peculiarly  within  deponent's 
knowledire. 


Sworn  to  before  me  this  .  .  .  . 
dav  of 19, 


Sir: 

You  will  please  take  notice,  that  a  bill  of  costs,  of  which  the  within  is  a 
copy,  will  be  presented  to  the  clerk  of  the  Ignited  States  District  Court  for 


518  FORMS  IN  BANKRUPTCY. 

the   District  of ,  at  his  office  in  tlie  United  States 

Court  House,  City  of ,  on  tlie day  of , 

11).  .  .,  at    o'clock  in  the    noon  of  that  day  for  taxation 

and  the  amount  thereof  inserted  in  the  order  lieretofore  noticed  for  settle- 
ment. 

Dated ^  19.  .. 

Yours,  etc., 


Attorney  for 

Address 
Claimant  [or  resiiottJent.] 


To: 

Esq., 

Attornei/  fur  claimant  [or  re>tpondent.'\ 

NOTE 
Costa  on  dismissal.     In  re  Scliooket.  24    Am.  V>.  R.  47;  177  Fed.  583. 


PART  XII. 

DISSOLUTION  OF  LIENS,  PUNISHMENT  FOR  CON- 
TEMPT, REOPENING  ESTATES  AND  MISCELLANE- 
OUS MATTERS. 

Form  No.  3'22.  Altidavit  to  dissolve  Lien  of  Attaciimeiit. 

323.  Notice  of  Motion  theroon. 

324.  Order  dissolving  Lien  of  Attachment. 

325.  Order  dissolving  Lien  of  E.Kecutioii. 

326.  Petition  to  dissolve  Lien  of  (iarnishee  Order  upon  ]?aiikrupt's  Earninga 

and  directing  Sheriff  to  pay. 

327.  Notice  of  Motion  thereon. 

328.  Order  dissolving  Lien  of  (iarnishnient,  modifying  Stay  and  directing 

Sheriff  to  pay  over  to  Trustee. 

329.  Order    for    payment    of    Sheriff's    Fees    from    Proceeds    of    Property 

Delivered    by    him    to    Receiver. 

330.  Answer  of  Bankrupt  to  Paile  to  show  Cause  for  Contempt. 
33 L     Order  adjudging  Bankrupt  in  Contempt. 

332.  Order  i)urging  of  Contempt. 

333.  Petition  to  re-open  Estate. 

334.  Order  re-opening  Estate. 

335.  Petition  for  Allowance  by  Attorney  for  petitioning  Creditors. 

336.  Answer  by  Assignee  for  Benefit  of  Creditors  to  llule  to  show  Cause  to 

turn  over  Property  to  Federal  Officer. 

337.  Order  designating  Dej>ository  of  Bankruptcy  Funds. 

338.  Bond  of  Depository. 

339.  Referee's  Report  to  Clerk  inider  Order  of  Attorney  (jeneral. 

FORM  No.  322. 

AFFIDAVIT   TO    DISSOLVE   LIEN    OF    ATTACHMENT. 

Court. 


of 


Plain  tiff, 
vs. 

Defendant. 


St.\te  of   1 

-  .s'.s". 
Countv  of   J 


beiii<r  duly  swor.!,  deposes  and  sa3'S 
[5101 


520  FORMS  IN  BANKRUPTCY. 

1.  That  he  is  the  temporary  receiver  in  bankruptcy  of , 

defendant  above  named. 

2.  That  in  au  action  brought  in  the Court, 

County,  in  which   is  the  plaintiff  and 

said is  the  defendant,  on , 

19.  .  .,  a  warrant  of  attachment  was  issued  by  the  plaintiff  to  the  sheriff  of 

the  County  of against  the  property  of  the  said 

;  that  the  sum  claimed  in  the  said  action  under  which  the  said 

warrant  of  attachment  was  issued  was  $ That  on  or 

about  the  said day  of ,  19 ... ,  and 

under  and  pursuant  to  the  said  warrant  of  attachment,  the  sheriff  of  the 

County  of attached  the  following  property  of  the 

said    


situated  at That  the  said  attachment  was  levied  by 

leaving  a  notice  of  the  same  with  the  said and  by  placing 

a  keeper  in  charge  of  the  property  at That  the 

said  attachment  has  not  been  vacated  nor  discharged  and  the  said  sheriff 
now  claims 'to  be  in  custody  of  the  said  property  at  No 

3,  That  on  the   day  of   ,  19.  .  ., 

,    and    cl^ily   filed  a  petition 

in  the  United  States  Court  for  the  District  of 

,  praying  that  the  said be 

adjudged  an  involuntary  bankrupt;  that  the  act  of  bankruptcy  alleged  in  the 
petition  was 

That  on  the day  of • ,  19 .  . ,  upon  the  petition 

of ,  deponent  was  duly  appointed  receiver  of  all  the 

assets  of  the  above  named  defendant  and  required  to  file  a  bond  in  the  penalty 
of dollars  ($ )  for  the  faithful  per- 
formance of  his  duties.    That  deponent  has  duly  qualified  by  filing  a  bond  in 

the  penalty  required  and  is  now  acting  as  such  receiver.    That  on  the 

day  of ,  19 .  . . ,  the  said 

was  duly  adjudicated  a  bankrupt  upon  said  petition. 

4.  That  said  attachment  was  levied  en  the day  of 

,  19.  .  .,  within  four  months  prior  to  the  filing  of  the  petition  in  bank- 
ruptcy against  the  said   ,  defendant  herein,  and  is  null 

and  void  by  virtue  of  the  provisions  of  Section  67-c  and  f  of  the  United 
States  Bankruptcy  Act  of  1898  and  the  amendments  thereof. 

0.  That  by  reason  of  said  attachment,  deponent  has  not  been  able  to  take 

the  said  property  at   into  his  possession  as  receiver  in 

bankruptcy.     That  deponent  verily  believes  that  the  lien  of  the  said  attach- 


FORMS  IN  BANKRUPTCY.  521 

ment  should  be  dissolved  and  discharged,  the  property  released  and  that  the 

I'ees  and  charges  of  the  sherili'  of  the  County  of , 

should  be  taxed  and  allowed  by  this  Court. 

G,  Xo  previous  application  has  been  made  for  au  order  herein. 

> 

Sworn  to  before  me  this 

day  of 19... 


FORM  No.  323. 

NOTICE    OF    MOTION    TO    DISSOLVE    LIEN    OF    ATTACHMENT. 

Court, 


of 


Plaintiff, 
vs. 


Defendant. 


Please  take  notice  that  on  the  petition  of and 

others,  filed  in  the  United  States  District  Court  for  the  Dis- 
trict of ,  on  the day  of 

,  19 .  .  . ,  to  have  the adjudged  a  bankrupt. 

the  adjudication  in  bankruptcy  and  on  the  affidavit  of , 

verified    19.  .  ..  hereto  annexed,  and  on  all  the  proceedings 

herein.  I  phall  move  this  court,  at  a   term  thereof, 

appointed  to  be  hold  at  the Court  House.  City  of 

,  on  the day  of , 

19.  ...  at o'clock  in  the noon,  or  as  soon  thereafter  as  counsel 

can  l)e  heard  for  an  order  that  the  lien  of  the  warrant  of  attachment  hereto- 
fore issued  against  the  property  of  the to  the 

sheriff  of  the  County  of in  this  action.  l)rought  by 

as  plaintiff,  against as  defendant, 

be  dissolved  and  discharged  and  that  ihe  Court  fix  and  allow  to  Ihe  sheriff 
of  the  County  of ,  such  fees  and  charges  as  to  this  Court 


522  FORMS  IN  BANKRUPTCY. 

may  seem  proper  and  that  such  other  and  further  relief  in  the  premises  may 
be  granted  as  may  be  proper. 
Dated 19.  .. 


Attorney  for , 

Receiver  in  BanWuptcy. 
of 


To 

Messrs 

Attorneys  for 

Plaintiff. 

J 

Sheriff  of  the  Counlij  of  . 


FORM  No.  324. 

ORDER  DISSOLVING  LIEN   OF  ATTACHMENT. 

At  a  Special  Term,  etc.,  of  the 

Court  of ,  held  at  the 

Court  House,  in  the  City  of , 

on  the day  of , 

19... 


Present ; 
Hon. 


Justice  [or  Judge], 


Plaintiff, 
vs. 


Defendant. 


The  al)ove  named  defendant  having  duly  moved  this  Court  for  an  order 
dissolving  and  setting  aside  the  lien  of  the  warrant  of  attachment  herein 

obtained  by  the  plaintiff  against  the  property  of  the  defendant  on  the 

day  of ,  19.  , .,  and  said  motion  having  duly  come  on  to  1)9 

heard, 

XoAv.  on  reading  and  filing  the  notice  of  motion  dated  the 

(lay  of ,  19.  .  . ,  and  the  affidavit  of verified 


FORMS  IN  BANKRUPTCY.  523 

the day  of 1'.*.  . .,  and  the  certillcate  of  the  County 

Clerk  thereto  attached,  and  on  reading  the  summons  and  complaint  herein,  and 

the  affidavit  of  the  plaintiff  verified  the day  of ,  !!>.., 

and  the  undertaking  on  attachment,  dated  the day  of , 

19.  . .,  and  the  warrant  of  attachment  herein,  said  latter papers 

being  on  tile  in  the  office  of  the  clerk  of  the of 

and  all  of  which  papers  were  used  in  support  of  said  motion ; 

And  it  further  appearing  that  the  defendant  herein  is  entitled  to  the  relief 
hereinafter  granted  because  of  his  adjudication   in   bankruptcy  within   four 

months,  as  set  forth  in  the  aforesaid  affidavit  of   ,  and  after 

hearing   Esq.,  of  conr.sol  i'or  the  defendant  in  support  of 

said  motion,  and Esq.,  of  counsel  for  the  plaintiff  in  op{)0- 

sition  thereto, 

Now,  on  motion  of attorney  for  the  defendant,  it  is 

Ordered,  that  the  said  motion  be  and  the  same  is  hereby  granted  and  the 
lien  of  the  writ  of  attachment  obtained  by  the  plaintiff'  herein  in  this  action 

on  the   day  of 19.  .  .,  upon  the  property  of  the 

defendant,  is  hereby  dissolved  and  set  aside. 


J.  S.  C. 

NOTES. 


Act,  Section  67-c  and  f.     Sec  by  analotjy  St-otioii  47-a. 
An  attachment  lien  is  within  the  provisions  of  sub-section  c  as  well  as  f. 
In  ro  Hi-r-iins.  3  Am.  B.  R.  304 ;  97  Fed.  775. 
In  re  Kemp,  4  Am.  B.  R.  242;  101  Fed.  689. 
Wood  V.  Carr,  10  Am.  B.  R.  577;   115  Ky.  303. 
^'oluiitary  proceedinfjs  included. 

In  re  Richards,  3  Am.  B.  R.  145;  96  Fed.  935;  37  C.  C.  A.  634. 
See,  In  re  Tune,  S  Am.  B.  R.  2S5;   115  Fed.  906. 
Insolvency. 

Wise  Coal  Co.  v.  Columbia  Zinc  and  Lead  Co.  (Mo.  App.)  27  Am.  B.  R.  445. 
Cook  V.  Robinson    (C.  C.  A.  9th  Cir.),  28  Am.  B.  R.   182;    194  Fed.  785;    114  C.  C. 
A.  505. 

No  laches  of  trustee  makes  valid. 

Hardt  v.  Sclniylkill  etc.  Co.,  8  .\m.  B.  R.  479;  69  App.  Div.   (X.  Y.)   90. 
It  is  tlie  adjudication  not  the  tiling  of  the  petition  wliicli  dissolves  the  lien. 
Attachment  on  mesne  process   (Conn.) 

Metcalf  v.  Barker   (U.  S.  Sup.).  9  Am.  B.   K.  36;    187  I'.  S.   165;   47   L.   Kd.   122, 
Schmilovitz  v.  Bernstein,  5  Am.  B.  R.  265;  47  Atl.  884:  22  K.  1.  330. 
Possession  of  sherifl". 

In  re  Walsli  Bros..  20  Am.  B.  R.  472;  159  Fed.  560. 
By  analoj^y  in  case  of  execution. 

In  re  Kenney,  5  Am.  B.  R.  355;  105  Fed.  897;  45  C.  C  A.  113. 

Levor  v.  Seiter,  8  Am.  B.  R.  459;  69  App.  Div.  (N.  Y.)  33;  modify  5  Am.  B.  R.  576; 
34  Misc.  (N.  Y.)  382. 

Sheriff's  rijjht  to  fees  for  poundajrt'  and  expenses. 

In  re  Andre  (C.  C.  A.  2nd  Cir.),  13  Am.  B.  R.  1.32;  1.35  Fed.  736;  68  C.  C.  A.  374. 


524  FORMS  IN  BANKRUPTCY. 

Sheriff  having  actual  possession  of  property  not  yuilty  of  contempt  for  refusal  to 
turn  over  property  on  demand  of  receiver  when  acting  in  good  faith  and  on  advice  of 
counsel  unless  fees  are  paid. 

Orr  V.  Tribble  (D.  C.  G'a.),  19  Am.  B.  R.  849;  158  Fed.  897. 

Conditions  precedent  to  trustee's  possession  imposed  by  court  when  attachment  was 
obtained  within  four  months'  period  held  to  be  invalid. 

In  re  Shoemaker  (C.  C.  A.  3rd  Cir.),  30  Am.  B.  E.  349;  205  Fed.  113;  123  C.  C. 
A.  345. 

Where  application  to  dissolve  should  be  made. 

In  State  court  also  by  better  practice,  but  may  be  brought  in  Federal  court. 

llardt  V.  Schuylkill  etc.  Co.  (N.  Y.  App.  Div.  Dept.  1st),  8  Am.  B.  R.  479;  69  App. 
Div.  (N.  Y.)  90. 

Jurisdiction  to  stay  proceedings  to  enforce  attachment. 

Tennessee  Producer  Marble  Co.  v.  Grant  et  al.  (C.  C.  A.  3rd  Cir.),  14  Am.  B.  R. 
288;   135  Fed.  322;  67  C.  C.  A.  676. 

While  67-f  discharges  the  lien  it  does  not  vacate  the  writ  of  attachment. 

King  v.  Bloch  Amusement  Co.,  20  Am.  B.  R.  784;  126  App.  Div.  {N.  Y.)  48;  111 
N.  Y.  Supp.  102;  aff'd,  193  N.  Y.  608. 

In  re  Walsh  Bros.,  20  Am.  B.  R.  472;   159  Fed.  560. 

When  attachment  has  been  discharged  by  an  imdertaking  given  by  a  surety 
company,  which  took  security  from  the  defendant  sufficient  to  indemnify  it  from  loss 
and  defendant  within  four  months  of  the  granting  of  the  attachment  is  adjudicated 
a  bankrvipt,  the  attachment  will  be  vacated  on  motion  of  trustee. 

C.  Temnant  Sons  and  Co.  v.  New  Jersey  Oil  and  M.  Co.  (N.  Y.  City  Ct.),  31  Am.  B. 
R.  901. 

But  see.  In  re  Federal  Biscuit  Co.  (C.  C.  A.  2nd  Cir.),  32  Am.  B.  R.  612;  214  Fed. 
221;    130  C.  C.  A.  635. 

Preserving  lien  of  attachment. 

Receivers  of  Virginia  Coal  and  Coke  Co.  v.  Staake  (C.  C.  A.  4th  Cir.),  13  Am.  B.  R. 
281;  133  Fed.  717;  66  C.  C.  A.  547;  aff'd,  202  U.  S.  141;  50  L.  Ed.  967. 

The  lien  by  attachment  made  prior  to  four  months'  period  and  followed  by 
judgment   (and  levy)   within  said  period,  not  dissolved  by  sub-section  f. 

In  re  Blair,  6  Am.  B.  R.  206;   108  Fed.  529. 

Pepperdine  v.  Bank  of  Seymour,  10  Am.  B.  R.  570. 

In  re  Snell,  11  Am.  B.  R.  35;  125  Fed.  154. 

See,  In  re  Warner,  16  Am.  B.  R.  519;   144  Fed.  987. 

Batchelder  and  Co.  v.  W^edge  (Sup.  Ct.  Vt.),  19  Am.  B.  R.  268. 

In  re  United  States  Graphite  Co.,  20  Am.  B.  R.  573;  161  Fed.  583. 

In  re  Beaver  Coal  Co.  (C.  C.  A.  9th  Cir.),  7  Am.  B.  R.  542;  113  Fed.  889;  51  C. 
C.  A.  519;  aff'g  6  Am.  B.  R.  404;   110  Fed.  630. 

In  re  Crafts-Riordon   Shoe  Co.    (D.  C.  Mass.),  26  Am.   B.  R.   449;    185   Fed,    931. 

A  trustee  in  bankruptcy  is  entitled  to  recover  the  proceeds  of  a  sale  of  bankrui)t'H 
property  sold  under  a  judgment  in  an  attacliment  suit  instituted  subsequent  to  the 
filing  of  the  petition. 

Cox  v.  State  Bank  of  Chicago,  11  Am.  B.  R.  112;  125  Fed.  654. 

Property  in  Iiands  of  an  ancillary  receiver  in  bankruptcy  is  in  custodia  legis  and  an 
attachment  will  not  lie  against  it. 

In  re  Nelson  and  Bro.  Co.,  18  Am.  B.  R.  66;   149  Fed.  500. 

Plaintiff  in  attachment  suit  not  deemed  a  bona  fide  holder  for  value. 

In  re  Kaupisch  Creamery  Co.  (D.  C.  Ore.),  5  Am.  B.  R.  790;  107  Fed,  93. 


FORMS  IN  BANKRUPTCY. 

Priority  of  costs  in  attachment  suit. 

In  re  The  Copper  King   (Lim.),  10  Am.  B.  R.  148;   143  Fed.  649. 
Contra.     In  re  Goldberg  Bros.,  16  Am.  B.  R.  521;  144  Fed.  566. 
(For  other  cases  see  notes  to  Form  Xo.  167.) 

Mechanics'  Liens. 

llildreth  Granite  Co.  v.  City  of  Watervliet,  31  Am.  B.  R.  703;  161  App.  Div 
420;  rev'g,  s.  c.  30  Am.  B.  K.  78!);  82  Misc.   (X.  Y.)   243;   143  X.  Y.  Supp.  86 

Assignment  of  moneys  due  on  contract  for  public  improvement  under  X 
Lien  Law  lield  valid  against  trustee  even  though  not  filed  with  proper  officer. 

Jn  re  Interstate  Paving  Co.  (D.  C.  X.  Y.),  28  Am.  B.  R.  573;  197  Fed.  371. 

Unrecorded   vendor's   lien   under  statute   of   Idaho   valid  against   trustee 
affected  by  amendment  to  Section  47-a  of  the  Act. 

In  re  Lane  Lumber  Co.  (Lim.)   (Boyd  v.  Wall),  31  Am.  B.  R.  792;  217  Fed. 
C.  C.  A.  402. 


.  (X.Y.) 

7. 

ew  York 

and   not 
550;  133 


FORM  No.  325. 

ORDER  DISSOLVING  LIEN  OF  EXECUTION. 


Present 
Hon. 


At  a  Stated  Term  of  the  United  States 

District  Court  for  the 

District  of   ,  held  at 

the  United  States  Court  House,  City  of.  . 

,  on  the ,  day  of 

,  19... 


District  Judge. 


In  the  Matter 

OF 


Banhriipl. 


Xo. 


as  trustee  in  l)ankruptcy  of  the  above  named  bankrupt 

having  applied  for  an  order  dissolving  and  setting  aside  the  lien  of  the  exe- 
cution heretofore  issued  on  the day  of hv   

judgment  creditor,  against  the  property  of  said  bankrupt  and  it  appearing 
that  the  said  trustee  is  entitled  to  such  relief  because  of  the  adjudication  in 
bankruptcy  herein  within  four  months  of  said  levy,  now,  upon  reading  and 

filing  the  petition  of the  trustee  herein,  verified  the.  . 

day  of ,  10 ... ,  and  the  notice  of  motion  thereon 


526  FORMS  IN  BANKRUPTCY. 

with  proof  of  due  service  of  said  motion  papers  upon  the  attorneys  for 

,  execution  creditor,  and  upon  the  sheriff  of  the  County  of  .... 

and  all  the  papers  and  proceedings  herein  and,  upon  motion 

of ,  attorney  for  said  trustee  and  petitioner,  and  no  one 

appearing  in  opposition  thereto,  it  is 

Ordered,  that  the  lien  of  the  said  execution  creditor, , 

upon  the  property  belonging  to  the  above  named  bankrupt,  now  in  the  hands 
of  the  sheriff  of  County  of  ,  (or  the  pro- 
ceeds of  the  said  execution  sale  held   ,   ,  19 .  .  . ) , 

upon  the  execution  issued  herein  on  the day  of , 

19.  . .,  be  and  hereby  is  dissolved  and  discharged,  and 

It  is  further  ordered,  that   ,  as  sheriff  of  the  County  of 

,  turn  over  forthwith,  upon  payment  of  his  legal 

fees  and  expenses,  to ,  as  trustee  in  bankruptcy  herein,  the 

said  property  (or  moneys)  now  in  his  hands  as  proceeds  of  the  said  execution 
sale  of ,  19.  .  . 


D.  J. 
NOTES. 

Executions.     Section  67-f. 

When  lien  dissolved. 

In  re  Breslaiier  (D.  C.  N.  Y.),  10  Am.  B.  R.  33;  121  Fed.  910. 

Effect  on  Section  67-f  of  Amendment  of  1910  to  Section  60-b. 

In  re  Petersen  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  26;  200  Fed.  739;  119  C.  C.  A.  183. 

Where  proceeds  of  an  execution  sale  have  been  turned  over  to  the  jud<rment 
creditor,  who  was  the  purchaser,  before  the  filing  of  an  involuntary  petition  against 
the  judgment  debtor,  the  latter's  trustee  cannot,  by  summary  order,  recover  the 
property  or  its  proceeds;   the  remedy,  if  any,  is  by  plenary  action  for  a  preference. 

In  re  Bailey,  16  Am.  B.  R.  289;  144  Fed.  214. 

Levor  v.  Seiter  (N.  Y.  Sup.),  8  Am.  B.  R.  459;  69  App.  Div.  (N.  Y.)  33;  modif'g 
5  Am.  B.  R.  576;   34  Misc.   (N.  Y.)   382. 

In  re  Weitzel   (D.  C.  N.  Y.),  27  Am.  B.  R.  370;   191   Fed.  463. 

Nelson  v.  Svea  Publishing  Co.,  178  Fed.  136. 

In  re  Francis  Valentine  Co.,  2  Am.  B.  R.  188;  93  Fed.  953. 

Right  of  sheriff  therein. 

In  re  Kenney  (C.  C.  A.  2nd  Cir.),  5  Am.  B.  R.  355;  105  Fed.  897;  45  C.  C.  A.  113; 
affg  3  Am.  B.  R.  353;  97  Fed.  554. 

Aff'd,  sub  nom.  Clarke  v.  Larremore  (U.  S.  Sup.),  9  Am.  B.  R.  476;  188  U.  S.  486; 
47  L.  Ed.  555. 

In  re  W.  J.  Schmidt  and  Co.  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  R.  593;  165  F^xl.  1006, 
91  C.  C.  A.  665. 

When  execution  issued  prior  to  four  months'  period  may  be  deemed  dormant  and 
may  be  assailed  by  trustee.  In  re  Monarch  Acetylene  Co.  (D.  C.  N.  Y.),  .36  Am.  B.  R. 
598.     In  re  Zeis  (D.  C.  N.  Y.),  36  Am.  B.  R.  581 ;  229  Fed.  472. 

Stay  of  sale  under  an  execution  upon  a  judg-ment  recovered  more  than  four 
months  before  filing  of  petition. 

In  re  Vastbinder,  13  Am.  B.  R.  148;   132  Fed.  718. 

In  re  Baujrhman.  15  Am.  B.  R.  23;   138  Fed.  742, 

See,  In  re  Easley,  1  Am.  B.  R.  715;  93  Fed.  419. 


FORMS  IN  BANKRUPTCY.  527 

Property  in  hands  of  trustee  not  subject  to  levy  under  an  execution  against  the 
bankrupt. 

In  re  Franklin  Lumber  Co.,  17  Am.  B.  R.  443;  147  Fed.  852. 


FORM  No.  326. 

PETITION  TO  DISSOLVE  LIEN  OF  GARNISHEE  ORDER  AND  EXECU- 
TION UPON  BANKRUPT'S  EARNINGS  AND  DIRECTING  SHERIFF 
TO  PAY. 

United  States  District  Court, 

District  of : 

In  Bankruptcy. 


In  the  ]\Iatter 

OP 


Bankrupt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the   District  of   : 

The  petition  of respectfully  shows  and  alleges : 

Firsi.    That  he  is  the  trustee  in  liankruptcy  herein. 

Second.    That  on  the   day  of   ,  19 ... .  the  above 

named upon  his  voluntary  petition,  was  duly  adjudicated 

a  bankrupt  in  this  Court,  and  on  the   day  of 

19.  . ..  your  petitioner  was  duly  appointed  trustee  in  bankruptcy  of  said  liank- 
rupt  duly  qualified  and  is  still  acting  as  such  trustee. 

Tlrird.  That  on  or  about  the day  of ,  19 .  . ,  as 

petitioner  is  informed  and  verily  believes,  an  execution  was  duly  issued,  pur- 
suant to  Section  1391  of  the  Code  of  Civil  Procedure  of  the  State  of 

,  out  of  the  Supreme  Court,  at  the  instance  of  one 

judgment  creditor,  against  the  said salary  as  earned  and 

coming  due  from    his  employer,  and  that  same  was 

lodged  with  the  sheriff  of  the  County  of on  said  date ;  that 

under  and  pursuant  to  said  garnishee  order,  the  said  sheriff  has  collected  and 

still  retains  from  his  said  salary,  the  sum  of  $ per  week  for 

weeks  making  a  total  of  $ ,  since  the  adjudication  in  bankruptcy 

herein. 

Fourth .  That  on  or  about  the day  of 19 .  . .  said 

bankrupt obtained  a  stay  from  this  Court  restraining  the 


528  FORMS  IN  BANKRUPTCY. 

sheriff  from  taking  any  further  action  in  reference  to  said  garnishee  order 
and  from  paying  out  the  amount  already  collected  thereon  and  same  was  duly 
served  upon  the  sheriff  of  the  County  of 

Fifth.  That  petitioner  is  informed  and  verily  believes  that  the  said  judg- 
ment of hereinbefore  referred  to  against  said  bankrupt  and 

under  which  the  garnishee  order  was  obtained  was  based  (upon  a  promissory 
note  made  by  the  said  bankrupt)  and  is  such  a  debt  as  that  a  discharge  in 
bankruptcy  would  be  a  release  thereto  and  your  petitioner  is  informed  and 

verily  believes  that  the  said ,  the  bankrupt  herein,  has  made 

an  application  for  his  discharge  in  bankruptcy  and  that  same  has  been  granted 
on  the day  of ,  19 .  .  . 

>S'ia:^/(.  That  by  virtue  of  his  appointment  and  qualification  as  trustee  in 
bankruptcy  herein  and  under  Section  67  (f )  of  the  Bankruptcy  Act  of  1898 
and  the  amendments  thereto,  petitioner  alleges  that  said  money  retained  by 

the  sheriff  of  the  County  of by  virtue  of  the  garnishee  order 

aforesaid  from  the  bankrupt's  salary  to  the  date  of  the  adjudication  herein  is 
the  property  of  the  bankrupt's  estate,  said  lien  thereon  of  the  garnisheeing 
creditor  having  been  obtained  within  four  months  of  the  adjudication,  and 
that  petitioner  is  entitled  thereto. 

(Seventh.  Your  petitioner  is  informed  and  verily  believes  that  said  gar- 
nisheeing creditor  on  the  ....  day  of >  19  •  •  ?  filed  in  the  office 

of  the  referee  herein  a  proof  of  claim  based  upon  the  same  judgment  under 
which  the  garnishee  order  was  olitained.) 

Eighth.  Due  demand  for  said  monies  has  been  made  in  writing  by  your 
petitioner  upon  the  sheriff  of  the  County  of 

Ninth.  jSTo  previous  application  has  been  made  for  the  order  hereinafter 
asked  for. 

Wherefore,  your  petitioner  prays  for  an  order  dissolving  the  lien  of  the  said 

execution  of  the day  of 19 .  . ,  and  directing  the  sheriff 

of  the  County  of to  pay  over  to  petitioner,  as  trustee  in  bank- 
ruptcy of  the  above  named  bankrupt,  the  sum  of  $ ,  or  such  amount 

as  the  said  sheriff  may  have  collected  from  the  salary  of  the  l)ankrupt  herein 

to ,  19.  .,  the  date  of  the  adjudication,  and  interest  thereon, 

less  his  lawful  fees  and  expenses,  as  belonging  to  this  estate  in  bankruptcy  and 
modifying  to  that  extent  stay  contained  in  the  order  of  this  Court,  dated 

,  19 .  .,  and  for  such  other  and  further  relief  as  to  this  Court 

may  seem  just  and  proper. 

Dated ,19... 


Petitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY. 


529 


FORM  No.  327. 

NOTICE  OF  MOTION  THEREON. 


United  States  District  Court, 

District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlirupt. 


No. 


fcirs: 

Please  take  notice,  that  on  the  petition  of ,  verified  the 

day  of ,  19.  .,  the  voluntary  petition  and  adjudica- 
tion of  the  above  named  bankrupt,  filed  and  entered  on  the day  of 

,  19. .,  and  the  discharge  in  bankruptcy  herein  granted  on 

the day  of ,  19.  .,  and  the  injunction  order  heretofore 

granted  herein,  dated ,  19.  .,  and  all  the  papers  and  proceed- 
ings herein,  the  undersigned  will  move  this  Court  at  a  term  thereof  to  be 

held  in  the  United  States  Court  House, ,  City  of , 

on  the  ....  day  of ,  19 .  . ,  at  ....  o'clock  in  the  forenoon 

of  that  day,  or  as  soon  thereafter  as  counsel  can  be  heard  for  an  order  that 
the  lien  of  the  execution  heretofore  issued  against  the  salary  of  the  above 

named  bankrupt  to  the  sheriff  of  the  County  of pursuant  to 

section  1391  of  the  Code  of  Civil  Procedure,  out  of  the   Court, 

County  of ,  at  the  instance  of  one ,  judg- 
ment creditor,  against  the  said ])e  dissolved  and  discharged 

and  that  the  sheriff  of  the  County  of be  directed  to  pay  over 

to  petitioner,  as  trustee  in  bankruptcy  of  the  above  named  bankrupt,  the  sum 

of  $ or  such  amount  as  the  said  sheriff  may  liave  collected  from  the 

salary  of  the  l)ankrupt  herein  to 19.  .,  the  date  of  the  adju- 
dication, and  interest  thereon,  less  his  lawful  fees  and  expenses,  as  belonging 
to  this  estate  in  bankrur-tcy ;  and  modify'ng  to  that  extent  the  stay  contained 


530 


FORIVIS  IN  BANKRUPTCY. 


in  the  order  of  this  Court,  dated ,  ID . .,  and  lor  such  other 

and  further  relief  in  the  premises  as  may  be  just  and  proper. 

Dated ,  19.  .. 

Yours,  etc.. 


Attorney  for  Trustee  in  Banlruptcij. 

Street, City  of 

To :  Messrs , 

Attorneys  for   , 

Judgment  Creditor, 

St., 

To :  ]\ressrs , 

Attorneys  for ,  Bankrupt, 


St., 


To:    ,  Esq., 

Sheriff  of  the  County  of  .  . . 


FORM  No.  328. 

ORDER   DISSOLVING  LIEN   OF   EXECUTION   AGAINST   SALARY,   MOD- 
IFYING  STAY   AND   DIRECTING   SHERIFF   TO    PAY   OVER   TO 

TRUSTEE. 

At  a  Stated  Term  of  the  District  Court 
of  the  United  States,  hekl  in  and  for  the 

District  of ,  at  the 

United  States  Court  House, 

City  of on  the day  of 

,19.- 

Present  : 

Hon , 


District  Judge. 

In   Till-:  ^rvTTKR 
OF 


Banl-rnpl. 


No. 


,  trusteo  in  hankruptcy  of  tlio  above  named  bank- 
rupt, havinfj  made  an  application   for  an  order  modifying  injunction  order 


FORMS  JN  BANKRUPTCY.  531 

heretofore  granted  herein,  under  date  of ,  10.  .,  and  that  the 

lien  of  the  execution  heretofore  issued  against  the  salary  of  the  above  named 

bankrupt  to  the  sheriff  of ,  pursuant  to  section  1391  of  the  Code 

of  Civil  Procedure  out  of  the  Supreme  Court, ,  at  the  instance 

of  one  .  . .  ., ,  judgment  creditor  against  the  said , 

,  be  dissolved  and  discharged  and  that  the  sheriff  of  the  County 

of be  directed  to  turn  over  to  petitioner,  as  trustee  in 

bankruptcy  of  the  above  named  bankrupt,  the  amount  collected  by  the  said 

sheriff  pursuant  to  said  execution  to   ,  19.  .,  the  date  of  the 

adjudication  herein,  less  his  lawful  fees  and  expenses,  on  the  ground  that  said 
monies  are  the  property  of  this  estate  in  bankruptcy  and  due  notice  of  said 
a])plication  having  been  given  to  the  attorneys  for  said  judgment  creditor 

and  for  the  bankrupt  and  to  the  sheriff  of  the  County  of , 

now  upon  reading  and  filing  the  petition  of ,  trustee, 

verified    ,  19.  .,  and  all  the  proceedings  herein   and  it 

appearing  to  my  satisfaction  that  the  execution  issued  to  the  said  sheriff 
against  the  bankrupt's  salary  pursuant  to  section  1391  of  the  Code  of  Civil 
Procedure  was  obtained  within  four  months  of  the  adjudication  in  bankruptcy 
herein  and  that  said  bankrupt  has  been  granted  a  discharge  in  bankruptcy  and 
that  the  monies  collected  by  the  said  sheriff,  pursuant  to  said  execution  belong 

to  this  estate,  now  upon  motion  of   ,  attorney  for  said 

trustee,  it  is 

Ordered,  that  the  injunction  order  issued  by  this  Court,  dated 

19.  .,  be  and  the  same  herel)y  is  modified  and  the  sheriff  of  the  County  of 

is  hereby  directed  to  turn  over  to ,  as 

trustee  in  liankruptcy  of  the  above  named  bankrupt,  the  sum  of  $ , 

or  such  amount  as  he  may  have  collected  out  of  the  salary  of  the  bankrupt 

herein  to ,  19.  .,  the  date  of  the  adjudication,  and  interest 

thereon,  less  his  lawful  fees. 


U.  8.  D.  J. 

XOTKS. 
Dissolution  of  lien  of  oarnisliment. 

Hall  V.  Chicago  B.  and  Q.  Ry.  Co.  (Neb.  Sup.  Ct.),  2.5  Am.  B.  R.  53. 
In  re  Van  Buren,  20  Am.  B.  R.  806;  164  Fed.  883. 
In  re  Drig<,'s.  22  Am.  B.  R.  621  :  171  Fed.  897. 

Maas  V.  Kuhn.  22  Am.  B.  R.  91;   130  App.  Div.   (X.  Y.)   OS;   114  N.  Y.  Supp.  444. 
In  re  Sims,  23  Am.  B.  R.  899;  176  Fed.  645. 
In  re  Liuleko.  22  Am.  B.  R.  467;   171  Fed.  292. 
In  re  Maher.  22  Am.  B.  R.  290;   169  Fed.  997. 
Effect  of  order  under  Section  1391.  Xew  York  Code. 

rinor  V.  Doran.  34  Am.  B.  R.  410;  167  App.  Div.  (X.  Y.)  259;  152  X^.  Y.  Supp.  655. 
Prior  to  four  months'  period  not  avoided. 
In  re  Culpepper,  31  Am.  B.  R.  762. 


532 


FORMS  IN  BANKRUPTCY. 


FORM  No.  329. 

ORDER  FOR  PAYMENT  OF  SHERIFF'S  FEES  FROM  PROCEEDS  OF 
PROPERTY  DELIVERED  BY  HIM  TO  RECEIVER. 

A±  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the 

Court  House,  in  the  City  of ,  on 

the day  of ,  19 .  . . 

Present  : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


The  sheriff  of  the  County  of having  levied  upon  property 

of  the  bankrupt  herein  by  virtue  of  a  writ  of  execution  issued  out  of  the 

Court  of  the  State  of against  the  property  of 

the  said  bankrupt  and  said  levy  having  been  made  prior  to  the  filing  of  the 
petition  in  bankruptcy  herein  and  the  said  sheriff  being  at  that  time  in  pos- 
session of  the  said  property  by  virtue  of  said  writ ;  and  the  lien  of  said  levy 
having  l)een  made  void  by  reason  of  the  filing  of  the  petition  in  bankruptcy 

herein ;  and  certain  fees  l)eing  due  the  sheriff  of  the  County  of 

by  reason  of  said  levy,  now  upon  the  annexed  consent  of , 

attorney  for  the  receiver  herein  and   attorney  for  the 

sheriff  of  the  County  of it  is 

Ordered,  that  the  fees  of  the  sheriff  of  the  County  of be 

and  they  hereby  are  taxed  at  the  sum  of dollars,  and  that  the  said 

sheriff  retain  a  first  lien  on  the  said  property  or  the  proceeds  thereof  for  the 
amount  of  his  said  fees  and  it  is  hereby  further. 

Ordered,  that  the  sheriff  of  the  County  of turn  over  and 

deliver  to  the  said  receiver  all  the  property  so  levied  upon  by  the  sheriff,  and 
it  is  further 


FORMS  IN  BANKRUPTCY.  533 

Ordered,  that  the  receiver  hold  the  said  property  subject  to  said  lien  of 

,  sheriff  of  the  County  of  ,  in  the  sum  of 

dollars,  until  said  lien  is  satisfied  and  discharged  by  payment 

and  out  of  the  first  proceeds  therefrom  pay  to  the  said  sheriff  of  the  County 

of ,  his  fees  as  aforesaid  and  that  such  pa3'inent  be  made  by 

the  said  receiver  to  the  said  sheriff  notwithstanding  any  settlement  or  dispo- 
sition of  these  proceedings  in  bankruptcy. 

Dated ,19... 

U.  8.  D.  J. 


534 


FORMS  IN  BANKRUPTCY. 


FORM  No.  330. 

ANSWTJR  OF  BANKRUPT  TO  RULE  TO  SHOW  CAUSE  FOR  CONTEMPT. 

T'liitcd  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  tmk  !^^ATTEn 

OF 


Iiahhriij)t. 


No. 


Now  comes and  in  obedience  to  the  rule  [or  order  to 

show  cause]  issued  by  this  court,  says  that  an  attachment  for  contempt  ought 

not  to  issue  against  him  for  disobedience  of  the  order  of , 

referee,  for  the  following  reasons : 

1.  He  says  that  he  cannot  comply  with  the  order  of  this  court,  because  he 
has  not  the  property  ordered  turned  over  or  sum  of  money  ordered  by  said 
referee  to  be  paid  to  the  trustee  herein. 

2.  That  the  said  order  of  said  referee  is  not  a  lawful  order  within  the  con- 
templation of  the  Bankruptcy  Act,  or  such  an  order,  the  disobedience  of  which 
would  be  punishable  by  attachment  for  contempt. 

3.  Said  order  is  in  effect  a  judgment  directing  the  payment  of  money, 
and  is  not  enforceable  by  proceedings  in  contempt. 

4.  Section  29-d  of  the  Bankruptcy  Act  provides  that  such  offenses  as  those 
charged  by  the  referee  in  his  finding,  shall  be  punishable  only  in  the  manner 
prescribed  therein,  to  wit,  by  information  or  indictment. 

Wherefore  said prays  the  court  that  said  rule  [or  order  to 

show  cause]  may  be  dismissed,  and  that  he  may  be  discharged. 


(Verification.) 


Attorney  for  bankrupt. 


FORMS  IX  BANKRUPTCY. 


535 


FORM  No.  331. 

ORDER   ADJUDGING   BANKRUPT   IN    CONTEMPT  FOR   FAFLURE  TO 

TURN  OVER  MONEY. 

At  a   Stated  Term   of  the  United   States 

District   Couit   for  the    

District  of   held  at 

the  United  States  Court  House,  City  of .  .  .  . 
,  on  the   dav  of 

,  1^... 

Present : 

Hon 


District  Judge. 


Ix  THK  Matter 

OF 


Bankrupt, 


V     No. 


A  motion  having  been  made  herein  by   ,  trustee  of  the 

above  named  bankrupt,  to  punish  the  said   ,  bankrupt,  for 

contempt  of  court  in  liaving  disobeyed  the  lawful  order  of , 

referee  in  bankruptcy,  dated  ,  19.  .,  directing  the  said  bank- 
rupt,   to  pay  over  to  his  said  trustee  in  bankruptcy,  the  sum 

of  $ ,  and  the  same  having  come  on  for  hearing,  now  on  reading  and 

filing   the   annexed   petition   of    ,   the   trustee   aforesaid, 

verified    ,  19.  .,  the  annexed  certificate  of  said  referee,  dated 

19.  .,  the  annexed  order  to  sliow  cause,  dated 

19.  .,  with  proof  of  due  service  of  said  motion  papers  and  order  to  show  cause 
on  said  bankrupt;  and  due  deliberation  having  been  had  thereon,  and  after 

hearing    ,   counsel    for  said   trustee,   in   ?upport   of  said 

motion,  and  ,  Esq.,  attorney  for  said  bankrupt  in  oppo- 
sition thereto,  on  motion  of ,  attorney  for  said  trustee,  it  is 

Ordered,  adjudged  and  determined, 

First,  That  the  report  of  the  referee  herein,  dated    ,   19.. 

be  and  the  same  hereby  is  in  all  respects  confirmed. 

Second.     That  the  said  bankrupt is  guilty  of  a  contempt 

of  this  court  in  having  willfully  and  deliberately  disobeyed  said  lawful  order 


536  FORMS  IN  BANKRUPTCY. 

of  said  referee  and  in  neglecting  and  refusing,  as  in  said  order  directed,  to  pay 

over  to  his  said  trustee  the  sum  of  $ 

Third.  That  the  said  bankrupt, ,  residing  at 

Street,  City  of  ,  be  forthwith  arrested  by  the  Marshal  of 

this  District  and  brought  before  this  Court,  this  day,  or  as  soon  thereafter  as 
possible,  to  be  committed,  as  for  the  contempt  aforesaid,  and  to  be  imprisoned 

by  the  United  States  ilarshal  for  the District  of , 

until  he  shall  obey  said  order  and  pay  over  to  said  trustee, , 

the  sum  of  $ as  therein  directed,  or  until  further  order  of  this  Court. 


U.  S.  D.  J. 
NOTES. 

Contempt  proceedings.    Act.  Sections  2  (13)   (15)  (16),  41-a,  b. 

Cross  references,  sections  20-a,  21  (a),  38-a  (2). 

General  Orders  X,  XXII,  XXX. 

Referee  may  certify  the  facts.     He  has  no  power  to  punish  for  contempt. 

Bank  of  Ravenswood  v.  Johnson   (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  206;   143  Fe(J. 
463;  74  C.  C.  A.  597. 

In  re  Miller,  5  Am.  B.  R.  184;  105  Fed.  57. 

In  re  Haring  (D.  C.  Mich.),  27  Am.  B.  R.  285;   193  Fed.  168;  aff'd,  203  Fed.  229; 
121  C.  C.  A.  435. 

Bankrupt's  disobedience  of  referee's  order. 

In  re  Sorkin  (D.  C.  N.  Y.),  20  Am.  B.  R.  637;  166  Fed.  831. 

Civil  and  criminal  contempt  distinguished.     Remedial  and  punitive. 

Fixed  term  of  imprisonment  only  in  latter. 

Uompers  v.  Buck  Stove  Co.,  221  U.  S.  418;  55  L.  Ed.  797. 

In  re  Kahn   (C.  C.  A.  2nd  Cir.),  30  Am.  B.  R.  322;  204  Fed.  581;   123  C.  C.  A.  107. 

In  re  Farkas  (D.  C.  N.  Y.),  30  Am.  B.  R.  337;  204  Fed.  343. 

In  re  Probst  (C.  C.  A.  2nd  Cir.),  30  Am.  B.  R.  600;  205  Fed.  512;   123  C.  C.  A.  580. 

Criminal  contempt.     Fixed  term  of  imprisonment  upheld. 

United  States  v.  Appel  (D.  C.  N.  Y.),  31  Am.  B.  R.  154;  211  Fed.  495. 

In  re  Kaplan  Bros.  (C.  C.  A.  3rd  Cir.),  32  Am.  B.  R.  305;  213  Fed.  753;  1.30  C.  C. 

A.  267. 

Refusal  of  witness  to  answer  questions  before  special  master. 

In  re  Automatic  Musical  Co.,  30  Am.  B.  R.  328;  204  Fed.  334. 

Disobedience  of  witness.     Punished  for  persistent,  "  defective  memory." 

In  re  Schulman,  21  Am.  B.  R.  288;   160  Fed.  237;  aff'd   (C.  C.  A.  2nd  Cir.),  23  Am. 

B.  R.  809;   177  Fed.  191;   101  C.  C.  A.  361. 

Persistence  of  bankrupt  in  making  evasive  answers,  punishable. 
In  re  Singer,  23  Am.  B.  R.  28;  174  Fed.  208. 
In  re  Gitkin,  21  Am.  B.  R.  113;  164  Fed.  71. 
Wilful  false  swearing  by  bankrupt. 

In  re  Fellerman   (D.  C.  N.  Y.),  17  Am.  B.  R.  785;    149  Fed.  244;   Ex  parte  Bick 
(C.  C.  N.  Y.),  19  Am.  B.  R.  68;   155  Fed.  908. 

In  re  Bronstein  (D.  C.  N.  Y.),  24  Am.  B.  R.  524;  182  Fed.  349. 

In  re  Michaels   (D.  C  N.  Y.),  28  Am.  B.  R.  38. 

Bankrupt's  failure  to  file  schedules. 

In  re  Schulman  &  Goldstein   (D.  C.  N.  Y.),  20  Am.  B.  R.  707;  104  Fed.  440. 

Failure  to  produce  document. 

In  re  Howard,  2  Am.  B.  R.  582;  95  Fed.  415. 


FORMS  IN  BANKRUPTCY.  537 

In  re  Fixon,  2  Am.  B.  R.  822;  06  Ftd.  748. 
In  re  Wilson,  8  Am.  B.  R.  612;  116  Fed.  419. 

In  re  Soloway  &  Katz  (D.  C.  Conn.),  28  Am.  B.  R.  225;  196  Fed.  132. 
In  re  Herr  (Xo.  1)    (D.  C.  Pa.),  25  Am.  B.  R.  141. 
When  not  in  contempt. 

In  re  Johnson  &  Knox  Lumber  Co.  (C.  C.  A.  7th  Cir.),  18  Am.  B.  R.  50;  151  Fed. 
207;  80  C.  C.  A.  259. 

In  re  Watts  (U.  S.  Sup.),  10  Am.  B.  K.  113;  190  U.  S.  1;  47  L.  Ed.  933. 

Practice. 

Contents  and  allegations  of  petition. 

United  States  v.  Goldstein,  12  Am.  B.  R.  755;   132  Fed.  789. 

First  National  Bank  v.  Cole  (C.  C.  A.  1st  Cir.),  16  Am.  B.  R.  382;  144  Fed.  392; 
75  C.  C.  A.  330. 

Suffic'ency  in  charging  perjury  in  testimony  before  referee. 

Magen  v.  Campbell  (C.  C.  A.  3rd  Cir.),  26  Am.  B.  R.  594;  186  Fed.  675;  108  C.  C. 
A.  531 ;  rev'g  In  re  ;\Iagen,  24  Am.  B.  R.  63;  179  Fed.  572. 

Attachment  of  person  may  be  asked. 

Issues  raised  by  answering  affidavits  may  be  referred. 

Statute  must  be  strictly  followed. 

In   re   Gitkin    {supra). 

Right  of  respondent  to  notice  and  to  be  heard. 

In  re  Banzai  Mfg  Co.  (C.  C.  A.  2nd  Cir.),  25  Am.  B.  R.  497;  183  Fed.  298;  105  C. 
C.  A.  510. 

In  re  Stavrahn  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  168;  174  Fed.  330;  98  C.  C.  A.  202. 

Certification  by  referee  not  a  jurisdictional  requirement  to  enable  the  court  to 
make  the  order,  but  a  procedural  necessity. 

United  States  ex  rel.  Birnbaum  v.  Henkel,  26  Am.  B.  R.  199;   185  Fed.  553. 

Order  of  commitment  not  invalid  because  it  does  not  run  in  name  of  the  United 
States. 

Mueller  v.  Xugent,  7  Am.  B.  R.  224;    184  U.  S.   1;  46  L.  Ed.  405. 

Pleading  by  respondent. 

In  re  Goodrich  (C.  C.  A.  1st  Cir.),  25  Am.  B.  R.  787;  184  Fed.  5;  106  C.  C.  A.  207. 

An  outside  creditor  without  previous  application  to  the  court  for  leave  to  intervene 
has  no  standing  to  move  to  punish  bankrupt  for  contempt. 

In  re  Cantor  (C.  C.  A.  2nd  Cir.),  32  Am.  B.  R.  768;  215  Fed.  61;   131  C.  C.  A.  369. 

Referee's  order  must  be  based  upon  sufficient  findings  of  fact  to  inform  resj)ondent 
fully  and  com])letely  of  action  he  is  required  to  take  or  perform. 

In  re  Rogowski,  21  Am.  B.  R.  553;  166  Fed.  165. 

Contempt  in  failure  to  obey  "  turn  over "  order. 

Mere  denial  of  possession,  insulficient  as  a  defense. 

In  re  Stavrahn   (C.  C.  A.  2nd  Cir.)    (supra). 

In  re  Weber  Co.  (C.  C.  A.  2nd  Cir.),  29  Am.  B.  R.  217;  200  Fed.  404;  118  C.  C.  A. 
556. 

In  re  Cummings   (Xo.  2)    (D.  C.  Pa.),  26  Am.  B.  R.  130;   186  Fed.  1020. 

Wlien  should  be  granted. 

In  re  Heynian  (D.  C.  Pa.).  34  Am.  B.  R.  108;  214  Fed.  491. 

Civil  contempt ;  proceedings  for,  cannot  be  reviewed  by  writ  of  error  under  Circuit 
Court  of  Appeals  Act  or  by  ajjpcal  under  Sec.  24-a  of  the  Bankruptcy  Act. 

Freed  v.  Central  Trust  Co.  of  Illinois  (C.  C.  A.  7th  Cir.),  33  Am.  B.  R.  64;  215  Fed. 
873;  132  C.  C.  A.  7. 

See,  Clay  v.  Waters  (C.  C.  A.  8th  Cir.),  24  Am.  B.  R.  293;  178  Fed.  385;  101  C. 
C.  A.  645. 


538  FORMS  IN  BANKRUPTCY. 

Ability  to  comply. 

Presumption  from  recent  possession. 

Stuart  V.  Reynolds   (C.  C.  A.  5th  Cir.),  29  Am.  B.  R.  412;  204  Fed.  709;  123  C.  C. 
A.  13;  aflf'g  In  re  Reynolds,  27  Am.  B.  R.  200;  190  Fed.  907. 
In  re  Richards,  2.5  Am.  B.  R.  176;   183  Fed.  .501. 
In  re  Deuell   (D.  C  Mo.),  4  Am.  B.  R.  60;   100  Fed.  633. 
Form  of  order. 

Freed  v.  Central  Trust  Co.  of  111.   (supra). 
When  bankrupt  should  be  released  from  custody. 

In  re  Cummings  (Xo.  3)    (D.  C.  Pa.).  26  Am.  B.  R.  477;  13S  Fed.  767. 
In  re  Karp  (D,  C.  N,  Y.),  28  Am.  B.  R.  559;  196  Fed.  998. 


FORMS  IN  BANKRUPTCY. 


53f) 


rORM  No.  332. 

ORDER  PURGING  OF  CONTEMPT. 

At   a   Stated   Term   of   the   United   States 

District   Court   for  the    

Disti  ict  of   ,  hehi  at 

the  United  States  Court  House,  City  of .  . .  . 

,  on  the    day  of 

1!).  .. 


Present ; 
Hon. 


District  Judge. 


In  thk  Matter 
OP 


JSankrupt. 


An  order  having  been  made  herein  on  the  ....  day  of ,  19.  ., 

directing  that ,  the  above  named  bankrupt  be  imprisoned  in 

the jail  of  this  county,  for  a  period  of days  for  disobedience 

of  an  order  of  the  referee  herein,  made  on  the day  of ,  19 .  . , 

and  the  said  order  of  the  referee  having  now  been  complied  with  by  the  said 

,  bankrupt,  as  appears  by  the  certificate  of  said  referee,  it  is 

on  motion  of ,  attorney  for  said  bankrupt, 

Ordered,  that  the  said be.  and  he  liereby  is  purged  of  con- 
tempt for  his  disobedience  to  the  order  of  court. 

It  is  further  ordered,  tliat  said   ,  upon  payment  of  costs  taxed 

at  $ ,  be  now  released  and  discharged  from  said  imprisonment,  and 

the  marshal  is  hereby  ordered  to  deliver  a  copy  of  this  order  to  the  sheriff 

of   County,  in  the  City  of   who  is  hereby  directed 

upon  receipt  thereof,  to  release  the  said from  his  custody. 


I).  J. 


540  FORMS  IN  BANKKUPTCY. 

FORM  No.  333. 

PETITION    TO    RE-OPEN   ESTATE. 

United  States  District  Court, 

for  the   District  of 

In  Bankruptcy. 


Ix  THE  Matter 

OF 


i^    Xo. 


Bankrupt. 


To  the  District  Court  of  the  United  States, 

for  the  District  of  : 

The  petition  of respectfully  shows : 

1.  That  he  is  a  creditor  herein. 

2.  That  on  the day  of ,  19 .  . , was 

duly  adjudicated  a  voluntary   (or  involuntary)   bankrupt  in  this  court,  and 
filed  sworn  schedules  therein  of  his  debts  and  assets.    That  thereafter  at  the 

first  meeting  of  creditors  of  said  bankrupt, of , 

was  duly  elected  trustee  and  duly  qualified. 

3.  That  petitioner  on  the day  of ,  19.  .,  duly  filed  his 

claim  against  the  estate  of  said  bankrupt  and  the  same  was  duly  allowed. 

4.  That  thereafter  on  the day  of ,  19.  .,  the  said 

bankrupt  was  discharged  of  his  del)ts,  and  on  the day  of , 

19.  .,  the  said  trustee  presented  his  final  account  to  the  court,  the  same  was 
passed  and  allowed,  the  trustee  discharged  of  his  trust,  and  the  case  closed. 

5.  Your  petitioner  alleges  that  in  the  schedules  filed  and  verified  herein  by 
the  liankrupt  he  made  no  mention  of  the  following  property,  then  belonging 
to  him  and  properly  a  part  of  his  said  estate  in  Ijankriiptcy : 


That  said   property  was  fraudulently   find  intentionally   omitted   from   said 
schedules  and  concealed   by  the  Ijankrupt  from  his  trustee.     That  the  said 

is  still  in  j)ossession  and  control  of  said  property. 

f).  That  your  petitioner  has  now  for  the  first  time  discovered  the  facts  con- 
cerning this  property  and  the  fraudulent  concealment  thereof  from  the  fol- 
lowing sources : 


FORMS  IN  BANKRUPTCY.  541 

7.  That  no  previous  ajjplieation  has  l)een  made  for  the  order  asked  for 
herein. 

Wherefore,  your  petitioner  pravs  for  an  order  under  Sec.  Z  (8)  of  the  Bank- 
ruptcy Act,  reopening-  the  estate  of  the  said ,  bankrupt, 

for  the  purpose  of  administering  upon  tlie  afore-mentioned  property  as  a  part 
of  the  estate  herein,  and  that  said  proceeding  be  re-referred  for  proper  action 
to  the  referee  herein  and  for  such  othei  and  further  relief  as  to  the  court 
shall  seem  just  and  proper. 


Petitioner. 
[A^erification.] 

NOTES. 
Reopening  estate.     Sec.  2,  (8). 

Court  may  reopen  an  estate  whenever  it  appears  it  was  closed  before  being  fully 
administered. 

Allegations  of  petition. 

In  re  Newton  (C.  C.  A.  8th  Cir.),  6  Am.  B.  R.  52;  107  Fed.  429;  46  C.  C.  A.  399.  In 
Te  Paine,  11  Am.  B.  R.  351;  127  Fed.  24G.  In  re  Ryburn,  16  Am.  B.  R.  514;  145  Fed. 
662.  Vary  v.  Jackson  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  334;  164  Fed.  840;  90  C.  C.  A. 
602. 

Application  must  be  made  by  party  interested  and  who  would  be  benefited  by 
such  reopening. 

In  re  Meyer  (D.  C.  Ore.),  25  Am.  1?.  R.  44;   181  Fed.  904. 

Petitioner  must  show  good  cause. 

In  re  Soper  &  Slada,  1  Am.  B.  R.  193. 

Reopening  by  bankrupt  for  purpose  of  amending  schedules  denied. 

In  re  Spicer,  16  Am.  B.  R.  802;  145  Fed.  431. 

Reopening  after  discharge  permitted  in  some  cases. 

In  re  McKee,  21  Am.  B.  R.  306;  165  Fed.  269. 

Not  necessary  that  petition  should  show  what  property  was  surrendered  by  bank- 
rupt or  what  representations  were  made  in  his  schedules  or  tiiat  any  creditor  was 
deceived  by  the  representations  in  the  schedules. 

Traub  v.  Marshall  Field  &  Co.  (C.  C.  A.  5th  Cir.),  25  Am.  B.  R.  410;  182  Fed.  622; 
105  C.  C.  A.  488. 

Former  trustee  has  no  standing  to  apply. 

In  re  Paine  (supra). 

Wlieii  bankrupt's  application  denied. 

In  re  Spicer,  16  Am.  B.  R.  802;   145  Fed.  431. 

In  re  Barton's  Est.,  16  Am.  B.  R.  569;   144  Fed.  540. 

When  granted. 

In  re  Pierson,  23  Am.  B.  R.  58;   174  Fed.  160. 

Where  time  to  file  claims  has  expired,  a  reopened  proceeding  redounds  only  to  the 
benefit  of  those  who  have  proved  claims.     In  re  Shafl'er,  4  Am.  B.  R.  728;  104  Fed.  982. 

How  trustee  is  to  be  elected. 

Former  trustee  not  17)80  facio  restored  to  office. 

In  re  Rochester  Sanitarium  &  Bath  Co.  (C.  C.  A.  2nd  Cir.),  34  Am.  B.  R.  355;  222 
Fed.  22;  137  C.  C.  A.  560. 

Creditors  w^ho  have  not  filed  claims  may  not  api)ly  to  reopen. 

In  re  Paine,  11  Am.  B.  R.  351:  127  Fed.  246. 

Laches  in  making  application. 

In  re  Paine   (supra). 


542 


FORMS  IN  BANKRUPTCY. 


In  re  Reese,  8  Am.  B.  R.  411;  115  Fed.  993;  164  Fed.  840.  Vary  v.  Jackson 
{supra). 

Filing  of  claims  when  year  has  expired. 

In  re  Pierson  (D.  C.  N.  Y.),  23  Am.  B.  R.  58;  174  Fed.  160. 

Application  to  reopen  addressed  to  the  discretion  of  the  court  and  its  action  will 
not  be  reversed  except  for  abuse  of  discretion. 

Jn  re  Goldman  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  707;  129  Fed.  212;  63  C.  C.  A.  370. 

Allegations  of  petition  to  reopen  must  satisfy  the  court  that  assets  exist. 

in  re  Newton   (supra). 

In  re  Paine  (supra). 

In  re  Ryburn,  16  Am.  B.  R.  514;  145  Fed.  662. 

Act  provides  no  limitation  of  time  within  which  closed  estates  may  be  reopened  and 
the  doctrine  of  laches  is  applicable  when  an  unreasonable  delay  has  intervened. 

In  re  Pierson  (supra). 


FORM  No.  334. 


ORDER   REOPENING    ESTATE, 


At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the 

United  States  Court  House,  in  the 

,  City  of ,  on 

the day  of ,19... 


Present: 
Hon. 


District  Judge. 


IX    THE    ^r.VTTER 
OF 


Bankrupt. 


Xo. 


Upon  reading  and  filing  the  petition  of verified  the 

daA-  of ,  19 .  . ,  praying  for  an  order  under  Sec.  2(8)  of  the 

Bankruptcy  Act  reopening  the  estate  of  the  above  named  bankrupt  for  the 
purpose  of  administering  upon  certain  subsequently  discovered  assets  and 

upon  all  the  proceedings  heretofore  had  herein  and  upon  motion  of , 

attorney  for ,  it  is 

Ordered,  that  these  proceedings  be  reopened  for  the  purpose  of  administer- 
ing on  and  disposing  of  certain  assets  belonging  to  the  estate  of  said  bankrupt 
as  set  forth  in  the  annexed  petition :  and  it  is  further 


FORMS  IN  BANKRUPTCY.  543 

Ordered,  that  said  matter  be  referred  to ,  Esq.,  as  referee 

in  bankruptcy  for  such  further  proceedings  as  may  be  necessary;  (and  it  is 
further 

Ordered,  that  the  discharge  of ,  Esq.,  as  trustee  of  the 

estate  of  the  above  named  bankrupt  heretofore  made  herein  be  and  the  same 
hereby  is  vacated  and  the  said ,  as  trustee  before  taking  pos- 
session or  attempting  to  take  possession  of  such  unadministered  assets  file  with 

the  clerk  of  this  Court  a  bond  in  the  sum  of  $ to  be  approved  by  a 

judge  of  this  Court,  before  the  filing  thereof). 

D.J.  ' 


FORM  No.  335. 

PETITION  FOR  ALLOWANCE  BY  ATTORNEY  FOR  PETITIONING 

CREDITORS. 

United  States  District  Court, 

for  the District  of : 


In  the  Matter 

OF 


Bankrupt. 


'  In  Bankruptcy.     No. 


To  the  District  Court  of  the  United  States, 

for  the   District  of   : 

The  petition  of respectfully  shows  and  alleges : 

1.  That  he  is  the  attorney  for  the  petitioning  creditors  herein. 

2.  That  on  the day  of petitioner  on  behalf  of 

and  others,  petitioning  creditors  herein,  prepared  an 

involuntary  petition  in  bankruptcy  and  petition  and  pro])osed  order  for  the 
appointment  of  a  receiver  and  procured  a  consent  to  the  appointment  of  a 

receiver  from  the  said  bankrupt  doing  hiisiness  at  No ,  City  of 

(or  procured  the  requisite  cost  bond  on  behalf  of  petitioning 

creditorfs).    That  on  the day  of ,  19.  .,  petitioner  filed  the 

involuntary  petition  in  bankruptcy  in  this  Court  (together  with  the  cost  bond 
of  the  petitioning  creditors)  and  made  the  application  to  the  District  Judge 
then  pittinir  in  bankruptcy  for  the  appointment  of  a  receiver  of  the  property 
of  the  paid  alleged  bankrupt. 

3.  That  on  said  day  this  Court  appointed Esq..  as  receiver. 

4.  That  thereafter  petitioner  caused  a  certified  copy  of  the  order  of  appoint- 
ment to  be  served  on  such  officer. 

5.  That  on  the dav  of  19...  an  answer  was  filed 


544  FORMS  IN  BANKRUPTCY. 

herein  by the  l)ankTiipt  (or  a  creditor  of  said  bankrupt),  and 

the  issues  raised  were  thereafter  brought  to  trial  by  your  petitioner  on  the 

day  of ,  19 .  .,  resulting  in  a  decree  of  adjudication 

herein. 

[Here  allege  in  detail  services  rendered  on  the  trial.] 

6.  That  petitioner  has  received  no  compensation  for  his  services  rendered 
in  this  proceeding  and  deems  same  to  be  reasonably  worth  the  sum  of  $ 

7.  Petitioner  has  incurred  the  follov^'lng  disbursements  as  attorney  for  the 
petitioning  creditors,  none  of  which  has  been  repaid,  to  wit:  [fSchedule  of 
disbursements.] 

Wherefore,  petitioner  prays  for  such  idlowance  for  the  services  rendered  by 
him  in  this  proceeding  on  l)ehalf  of  the  petitioning  creditors  as  to  the  Court 
may  seem  just  and  reasonable,  and  for  bis  disbursements. 


Pefitioner. 
[A'eriflcation.] 

NOTES. 

Compensation  of  attorney  for  petitioning  creditors. 

Til  re  Southern  Steel  Co.,  22  Am.  B.  R.  476;  169  Fed.  702.  In  re  Baxter  &  Co. 
(C.  0.  A.  2nd  Cir.),  18  Am.  B.  R.  450;   154  Fed.  22;  83  C.  C.  A.  106. 

In  re  Young,  16  Am.  B.  R.  106;   142  Fed.  891. 

In  re  Hart  &  Co.,  16  Am.  B.  R.  725. 

In  re  Felson,   15  Am.  B.  R.   185;    130  Fed.  275. 

In  re  Coldville  Mfg.  Co.,  10  Am.  B.  R.  552;  123  Fed.  579. 

In  re  Carr,  9  Am.  B.  R.  58;   117  Fed.  572. 

Smith  V.  Cooper,  9  Am.  B.  R.  755;   120  Fed.  230. 

In  re  Curtiss,  4  Am.  B.  R.  17;  100  Fed.  784. 

In  re  Burns,  3  Am.  B.  R.  296;  97  Fed.  926. 

In  re  Silverman  &  Schoor,  3  Am.  B.  R.  227;  97  Fed.  325. 

In  re  Stratemeyer,  14  Am.  B.  R.  120. 

No  fee  for  filing  a  second  petition. 

Franic  v.  Dickey  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  155;  139  Fed.  744;  77  C.  C.  A. 
562. 

Fees  of  attorneys  assisting  in  recovering  assets. 

In  re  Medina  Quarry  Co.  (C.  C.  A.  2nd  Cir.),  27  Am.  B.  R.  466;  191  Fed.  805; 
112  C.  C.  A.  329;  rev'g  25  Am.  B.  R.  405. 

In  re  R.  E.  Smith  (D.  C.  N.  J.),  32  Am.  B.  R.  363. 

In  re  Sage  (D.  C.  la.),  35  Am.  B.  R.  625;  225  Fed.  397. 

In  re  Gillaspie  (D.  C.  W.  Va.),  27  Am.  B.  R.  59;   190  Fed.  80. 

No  fee  for  services  necessitated  by  own  negligence. 

In  re  Francis  Levy  Outfitting  Co..  Ltd.,  29  Am.  B.  R.  8  and  footnote- 
Payment  for  nominal  services  out  of  proceeds  of  mortgaged  property. 

In  re  Freeman   (D.  C.  Ga.),  27  Am.  B.  R.  16;   190  Fed.  48. 

Attorneys  who  file  a  petition  defective  and  insufficient  to  warrant  an  adjudi- 
cation, which  was  made  by  other  creditors  on  another  ])etition  are  not  entitled  to  an 
allowance  of  fees  from  estate. 

In  re  Fischer  (C.  C.  A.  2nd  Cir.),  23  Am.  B.  R.  427:  175  Fed.  531;  99  C.  C.  A.  153. 

But  one  allowance  may  be  made. 

In  re  Coney  Island  Lumber  Co.  (D.  C.  N.  Y.),  29  Am.  B.  R.  91:  199  Fed.  197. 

Wlien  divided  upon  consolidation  of  petitions. 

In  re  McCracken  &  McLeod,  12  Am.  B.  R.  95;   129  Fed.  621. 


FORMS  IN  BANKRUPTCY.  545 


FORM  No.  336. 

ANSWTJR   OF  ASSIGNEE  FOR  BENEFIT   OF   CREDITORS   TO   RlTLi:  TO 
TURN    OVER    PROPERTY    TO    RECEIVER. 


United  States  District  Court, 

tor  the District  of 

In  Bankruptcy. 


In  the  jNIatter 

OF 


I    No. 


JBankrvpt. 


,  for  an  answer  to  the  order  herein  to  show  cause  why 

lie  should  not  pay  over  to  ,  Esq.,  the  receiver  in  bank- 
ruptcy herein,    the  sum  of  $ as  shown  in  his  report  as  having  been 

paid  to ,  and  $ to ,  Esq.,  says  that 

said  sums  were  paid  tliem  respectively  while  he  was  acting  as  assignee  before 
any  proceedings  herein,  as  already  appears  in  his  report  herein.  He  says 
further  that  as  assignee  he  has  no  money  or  property  or  means  of  any  kind 
with  which  to  pay  said  money  or  any  part  thereof. 

He  respectfully  submits  to  the  court  that  he  ought  not  to  be  compelled  to 
pay  said  money  herein. 

This  respondent  says  further  that  long  before  the  petition  in  this  proceeding 
was  filed  and  before  he  had  any  knowledge,  information  or  intimation  that  it 
was  intended  to  be  filed,  and  relying  upon  it  that  he  would  be  permitted  to 
wind  up  his  trust  under  the  deed  of  assignment  for  the  bankrupt  shown  in  the 
record  in  this  proceeding,  he  filed  his  petition  and  brought  action  in  the  State 
court  as  appears  in  this  record,  which  is  still  pending,  and  he  is  still  subject 
to  the  jurisdiction  and  orders  of  said  State  court  requiring  him  to  settle  his 
accounts  there  and  to  be  responsible  there  for  all  his  acts  and  doings  under 
said  deed  of  assignment. 

He  submits  to  this  Honorable  Court  that  this  answer  be  held  sufficient  and 
the  order  to  show  cause  herein  should  be  denied. 


Assignee. 
(Verification.) 


546  FORMS  IN  BANKRUPTCY. 

NOTES. 
Jurisdiction  to  compel  assignee  or  receiver  in  State  court  to  account. 

Louisville  Trust  Co.  v.  Cominger  (U.  S.  Sup.),  7  Am.  B.  R.  421;  184  U.  S.  18; 
46  L.  Ed.  413;  aflf'g  Sinsheimer  v.  Simonson,  5  Am.  B.  R.  537:   107  Fed.  898;  47  C.  C. 

A.  648. 

In  re  Louis  Xeuburger,  Inc.   (D.  C.  N.  Y.),  X.  Y.  Law  Jour.  July  3,  1016. 

In  re  Thompson  (C.  C.  A.  2nd  Cir.),  11  Am.  B.  R.  719;  128  Fed.  575:  63  C.  C.  A. 
217;  aflfg  10  Am.  B.  R.  242:  122  Fed.  174.  Bryan  v.  Bernheimer,  5  Am.  B.  R.  623; 
ISl  r.  S.  188;  45  L.  Ed.  814. 

In  re  Manning   (D.  C.  S.  C),  10  Am.  B.  R.  497;   123  Fed.  181. 

In  re  Hays  (C.  C.  A.  6th  Cir.),  24  Am.  B.  R.  691;   181  Fed.  674;   104  C.  C.  A.  656. 

Under  general  assignment  made  within  four  months  assignee  held  not  to  be  an 
adverse  claimant  as  regards  trustee  in  bankruptcy. 

In  re  McCrum   (C.  C.  A.  2nd  Cir.),  32  Am.  B.  R.  604;   214  Fed.  207;   130  C.  C.  A. 

555. 

Improper  for  Bankruptcy  Court  to  summarily  order  receiver  in  State  court  to  pay 

over  to  trustee.     He  is  entitled  to  present  his  accounts  to  State  court. 

Loveless  v.  Southern  Grocer  Co.  (C.  C.  A.  5th  Cir.),  20  Am.  B.  R.  180;  159  Fed. 
415;  86  C.  C.  A.  395. 

See  Bank  of  Andrews  v.  Gudger,  Receiver  (C.  C.  A.  4th  Cir.),  32  Am.  B.  R.  11;  212 
Fed.  49;  128  C.  C.  A.  505. 

\Miere  assignee  consents  to  a  judicial  examination  of  his  account  by  the  Bank- 
ruptcy Court  he  is  bound  by  its  determination  and  orders. 

In  re  Banzai  Mf'g  Co.  '(C.  C.  A.  2nd  Cir.),  25  Am.  B.  R.  497;  183  Fed.  298;  105 
C.  C.  A.  510. 

When  assignee  appears  and  submits  his  account,  the  court  does  not  lose  jurisdic- 
tion to  require  him  to  turn  over  the  property  to  the  trustee  because  he  asserts  title  to 
a  part  of  such  property  in  himself. 

In  re  Thompson  (supra). 

Improvident  expenditures.     In  re  Banzai  Mf'g  Co.    {supra). 

Duties  and  liabilities  of. 

In  re  Sobol  (D.  C.  N.  Y.),  35  Am.  B.  R.  804;  227  Fed.  853. 

In  re  Karp  (D.  C.  Mass.),  36  Am.  B.  R.  414. 

\Yl\en  trustee  in  bankruptcy  may  maintain  action  upon  assignee's  bond  to  recover 
the  amount  which  the  assignee  failed  to  turn  over. 

Cohen  v.  American  Surety  Co.  (N.  Y.  Ct.  of  App.),  20  Am.  B.  R.  65;  192  X.  Y.  227; 
aflf'g  19  Am.  B.  R.  901. 

Allowance  to  assignees  for  the  benefit  of  creditors. 

Where  an  assignee  remains  in  possession  of  the  property  with  consent  of  the 
referee  and  performs  services  of  value  to  the  estate,  his  expenses  and  compensation  for 
such  services  may  be  allowed  upon  the  theory  of,  "  preservation  of  the  estate." 

In  re  Pattee   (D.  C.  Ct.),  16  Am.  B.  R.  450;  143  Fed.  994. 

In  re  Pauley,  2  Am.  B.  R.  333. 

See,  as  to  commissions  on  property  turned  over  to  trustee  in  bankruptcy. 

In  re  Cohen   (L.  M.  Stern  &  Co.),   (Sup.  Ct.  Kings  Co.  X.  Y.),   (X.  Y.  Law  Jour. 

Dec.  7,  1914). 

See  also,  Xew  York  Debtor  and  Creditor  I^w,  Sec.  21,  Laws  1914,  Chap.  366,  Sec.  8. 

Allowance  to  Stat«'  court  receiver. 

In  re  Weedman  Stave  Co..  29  Am.  B.  R.  460;  199  Fed.  948. 

In  re  Standard  Fullers  Earth  Co.,  26  Am.  B.  R.  562;  186  Fed.  578. 

Must  appear  that  services  were  an  actual  benefit  to  estate. 

In  re  Zier  &  Co.,  15  Am.  B.  R.  646;   142  Fed.  102;  73  C.  C.  A.  326;  aflF'g,  s.  c,  11 


FORMS  IN  BANKRUPTCY.  547 

Am.  B.  R.  527;   127  Fed.  3'J!t.     In  re  Allison  Lumber  Co.,  14  Am.  15.  R.  78;    137  Fed. 
C43. 

Summers  v.  Abbott  (L\  V.  A.  8th  Cir.),  10  Am.  15.  l\.  254;  122  Fed.  36;  58  C.  C. 
A.  352. 

Services  of  an  assignee  beneficial  to  estate  entitled  to  priority  of  payment. 

Randolph  v.   JScruggs    {intra). 

X'oiuntary  trustees. 

In  re  Marble  Products  Co.,  29  Am.  B.  R.  384;  199  Fed.  668. 

Attorneys  for  assignee. 

As  to  fees  paid  attorneys  for  general  assignees  paid  prior  to  bankruptcy. 

Louisville  Trust  Co.  v.  Cominger  (U.  S.  Sup.),  7  Am.  B.  R.  421;  184  U.  S.  18;  46 
L.  Kd.  413. 

in  re  Klein  &  Co.  (D.  C.  N.  Y.),  8  Am.  B.  R.  559;   116  Fed.  523. 

Compare  In  re  Mays  (D.  C.  W.  Va.),  7  Am.  B.  R.  764;  114  Fed.  600. 

See.  In  re  Thompson,  11  Am.  B.  R.  719;  128  Fed.  575;  63  C.  C.  A.  217;  aff'g  10 
Am.  B.  R.  242;  122  Fed.  174. 

No  allowance  save  in  unusual  cases. 

In  re  Pauley   (supra). 

Randolph  v.  Scruggs,  10  Am.  B.  R.  1;  190  U.  S.  533;  47  L.  Fd.  1165;  where  claim 
was  allowed  as  beneficial  to  estate. 

Must  appear  that  the  assignment  was  not  made  to  avoid  bankruptcy. 

In  re  Zier  &  Co.   {supra). 

And  free  from  fraud. 

In  re  Chase  (C.  C.  A.  1st  Cir.),  10  Am.  B.  R.  677;  124  Fed.  753;  59  C.  C.  A.  629. 

Wilbur  V.  Watson  (D.  C.  R.  I.),  7  Am.  B.  R.  54;  111  Fed.  493. 

Stearns  v.  Flick  (D.  C.  0.),  4  Am.  B.  R.  723;  103  Fed.  919. 


548 


FORMS  IN  BANKRUPTCY. 


FORM  No.  337. 

Cr*,I3ER  DESIGNATING  DEPOSITORY  OF  BANKRUPTCY  FUNDS. 

At   a   Stated   Term   of  the   United   States 

District   Court  for  the    

District  of   ,  held  at 

the  United  States  Court  House,  City  of .  .  .  . 

,  on  the    day 

of ,19... 


Ill  the  Matter  of  the  Application  of 

Bank, 

of  the  City  of ,  to  l^e 

designated  as  a  Depository  for  the 
Money  of  Bankrupt  Estates  under 
the  provisions  of  section  Gl  of  chap- 
ter 541  of  tlie  Statutes  of  the 
United  States  for  the  Year  of  1897- 
98. 


Present : 

Hon , 

District  Judge. 

Upon  reading  and  filing  the  annexed  petition  of    Bank,  of  the 

City  of   ,  duly  verified,  praying  to  he  designated  as  a 

depository  for  the  money  of  bankrupt  estates,  it  is 

Ordered,  that  the  said Bank  be  and  it  is  hereby  appointed 

and  designated  as  a  depository  for  the  money  of  bankrupt  estates  pursuant  to 
the  provisions  of  Section  (51  of  Chapter  541  of  the  Statutes  of  the  United 
States   entitled,   '*'  An    Act   to   establish    an   uniform    system    of    bankruptcy 

throughout  the  United  States."     The  said Bank  to  execute  a 

good  and  sufficient  bond  with  two  oi  more  sureties,  or  otherwise,  according 
to  iaw,  in  the  sum  of  $ 


D.  J. 


FORMS  IN  BANKKUPTCY.  549 

NOTES. 

Duty  of  referee  to  see  that  trustees  and  receivers  comply  with  rule  desifrnating 
depositories  and  that  such  officers  keep  funds  of  estates  in  designated  depositories. 

In  re  Barrett,  32  Am.  B.  R.  585. 

Depository  in  possession  of  New  York  Superintendent  of  Banks;  Federal  court 
will  not  summarily  order  payment  over  of  deposits  therein  of  receivers  and  trustees  in 
bankruptcy. 

In  re  Bologh  (D.  C.  N.  Y,),  25  Am.  B.  R.  726;   185  Fed.  825. 


550  FORMS  IX  BANKRUPTCY. 

FORM  No.  338. 

BOND  OF  DEPOSITORY. 

Know  all  men  by  these  presents.  That  We,  the Bank,  of 

the  City  of   ,  principal  and    ,    

of   ,  sureties,  are  lield  and  firmly  bound  unto 

the  United  States  of  America,  in  the  sum  of dollars,  ($ )  lawful 

money  of  the  United  States,  for  tlie  payment  of  which  sum  we  do  hereby  bind 
ourselves,  our  respective  successors  and  assigns,  jointly  and  severally,  firmly 
by  these  presents. 

Sealed  with  our  seals  and  dated  the  ....  day  of ,  19.  .. 

Whereas,  the Bank  has  been  designated  by  the  District 

Court  of  the  United  States,  for  the District  of ,  sitting 

as  a  Court  of  Bankruptcy,  as  a  depository  for  the  money  of  bankrupt  estates, 
pursuant  to  the  provision  of  an  Act  of  Congress  entitled  "  An  Act  to  es- 
tablish an  uniform  system  of  bankruptcy  throughout  the  United  States," 
approved  July  1st,  1898. 

Now,  therefore,  the  condition  of  this  obligation  is  such  that  if  the  sail 

Bank  shall  well  and  truly  account  for  and  pay  over  all 

moneys  deposited  with  it  as  such  depository,  and  shall  pay  out  the  same  only  as 
provided  by  the  Act  of  Congress  in  such  case  made  and  provided  and  the  rules 
of  court  applicable  thereto,  and  shall  abide  by  all  lawful  orders  and  decrees 
of  the  court  in  and  by  the  premises,  then  this  obligation  to  be  void,  otherwise 
to  remain  in  full  force  and  virtue. 

In  presence  of: 


Attest ; 


Attest: 
(Acknowledgment  by  principal  and  sureties.) 


FORMS  IN  liANKKUPTCY 


551 


FORM  No.  339. 

REPORT  OF  REFEREE  IN  BANKRUPTCY  TO  CLERK. 

For  the  purposes  of  complying  with  sections  53  and  54  of  the  Bankruptcy 
Law,  Referees  in  Bankruptcy  will  carefully  fill  out  this  report  for  each  case 
referred  to  them  immediately  upon  its  conclusion,  and  transmit  the  report 
promptly  to  the  Clerk  of  the  Court  having  jurisdiction  of  the  case. 


A.  IN  THE  DISTRICT  COURT  OF  THE  UNITED  STATES. 

for  the District  of 

In  the  Matter  of Case  No 

(Bankrupt) 

Date  of  filing  petition ,  191     . 

Date  of  this  report ,  191     . 

1.  State  whether  a  voluntary  or  involuntary  case 

2.  State  whether  (a)  petition  was  dismissed;  (6)  composition  confirmed;  or  (c)  case  normally 

administered 

3.  State  occupation  of  bankrupt 

4.  State  whether  an  "  asset  "  or  "  no-asset  "  case 

5.  State  whether  case  was  filed  in  forma  pauperis  and  filing  fees  not  afterward  paid 


B. 


LIABILITIES. 


1.  Represented  by  priority,  secured,  and  lien  claims 

2.  Represented  by  unsecured  claims  which  have  been  proved  and  allowed . 

3.  Represented  by  unsecured  claims,  as  shown  by  schedules,  which  have 

not  been  proved 


4. 


Total  Liabilities. 


C.  AMOUNTS  REALIZED  IN  THIS  PROCEEDING. 

1.  Total  amounts  realized  or  received  by  receiver  (or  marshal),  trustee, 

and  referee $ .  .  .  . 

2.  Total  amount  disbursed  in  conduct  of  business  by  receiver  (or  marshal) 

and  trustee  (out  of  amount  shown  on  preceding  line) 


3.  Net  amount  realized  after  deducting  expenses  of  conducting  business, 
as  above  shown 


D. 


DISTRIBUTION  OF  NET  ASSETS,  AS  SHOWN  ABOVE  (C  3). 


1.  Total  fees  and  expenses  of  administration,  as  analyzed  below 

2.  Amount  paid  to  bankrupt  on  account  of  or  in  Heu  of  exemptions 

3.  Amount  paid  to  priority,  secured,  and  lien  creditors 

4.  Amount  paid  to  general  creditors 

5.  Payments  on  reclamation  or  in  commutation  of  dower,  and  other  pay- 

ments, if  any,  not  specifically  covered  by  this  subdivision  "  D  ".  .  . 
0.  Undistributed  balance,  if  any 

7.  Total  (must  balance  with  "  net  amount  realized  " —  see  C  3) ... . 


552  FORMS  IN  BANKRUPTCY. 

E         ANALYSIS  OF  TOTAL  FEES  AND  EXPENSES  OF  ADMINISTRATION, 

AS  STATED  ABOVE. 

1.  Amounts  paid  to  referee  on  account  of  fees  of  every  nature,  excluding  filing  fees  paid  by  clerk 

of  court: 

(a)  Commissions  and  25-cent  fees  for  filing  claims.  .  $ 

(b)  Fees  as  special  master,  if  any 

(c)  Other  fees,  if  any $ 

2.  Amount  paid  to  referee  on  account  of  expenses,  as  follows: 

(a)  For  printing  and  advertising 

(6)   For  traveling  expenses 

(c)   For  office,  clerical,  and  all  other  expenses 

3.  Amount  paid  to  receiver  (or  marshal)  and  trustee  on  account  of  com- 

missions, excluding  filing  fee  of  $5 

4.  Amount  paid  to  attorneys  on  account  of  fees 

5.  All  other  expenses  of  administration 


Total  (must  agree  with  D  1) 


OTHER    DATA    PERTAINING    TO    PROPERTY    ADMINISTERED. 


1.  Appraised  value  of  exemptions  set  off  to  bankrupt  in  kind. $ 

2.  Appraised  value  of  property  securing  debts  of  bankrupt  which  was  not 
'    ■  administered  in  bankruptcy  court 

3.  Number  and  amount  of  filing  fees  paid  by  clerk  of  court 

to  referee No 

I  CEBTiPT  that  the  foregoing  is  a  true  statement,  as  disclosed  by  the  records  in  the  case. 


Referee  in  Bankruptcy. 

Address, 

Date  of  closing  case ,  191 


PART  XIII. 

SUITS  BY  TRUSTEE  AT  LAW  AND  IN  EQUITY. 

Form  No.  340.  Complaint  by  Trustee  upon  Promissory  Note. 

341.  Complaint  against  defaulting  Purchaser  for  Deficiency  upon  Re-sale. 

342.  Bill  in  Equity  to  recover  a  Preference. 

343.  Bill  in   Equity  to   set  aside   a   Mortgage   made   within   four   Months' 

Period  and  where  Property  has  been  sold  free  and  clear  of  Liens. 

344.  Complaint  in  State  Court  to  declare  Secret  Trust. 

345.  Complaint  in  State  Court  Action  to  set  aside  under  Sec.  70-e,  Bill  of 

Sale,  made  beyond  four  Months'  Period. 

346.  Bill  in  Equity  to  recover  fraudulent  Transfer  and  alleging  Conspiracy 

to  defraud. 

347.  Petition  by  Trustee  for  Leave  to  levy  Assessment  for  unpaid  Stock 

Subscriptions. 

348.  Order  directing  such  Assessment. 

349.  Complaint  to  recover  unpaid  Stock  Subscriptions. 

FORM  No.  340. 

COMPLAINT  BY  TRUSTEE  UPON  PROMISSORY  NOTE. 

Court, 


County  of 


,  as  Trustee 

in  Bankruptcy  of , 

Plaintiff, 
against 


Defendant. 


The  plaintiff,  by ,  his  attorney,  complaining  of  the 

defendant,  respectfully  shows  and  alleges : 

1.  That  the  plaintiff  is  a  resident  of  the  City  of 

2.  That  on  or  about  the day  of ,  19 .  . ,  a  voluntary 

petition  in  bankruptcy  was  filed  in  the  United  States  District  Court  for  the 

District  of ,  by ,  and  on  said 

day  the  said was  duly  adjudicated  a  bankrupt,  and  that  on 

or  about  the day  of ,  19.  .,  at  a  meeting  of  creditors 

duly  called  and  held  plaintiff  was  duly  appointed  trustee  in  bankruptcy  of  the 

said ,  duly  qualified  and  filed  his  bond  in  the  penalty  required, 

and  is  still  acting  as  such  trustee. 

[553] 


554  FORMS  IN  BANKRUPTCY. 

3.  Upon  information  and  belief  that  heretofore  on  the day  of 

,  19 .  .,  at  the   City  of    ,  the  defendant  made  and 

delivered  to  the  said   ,  his  certain  promissory  note  in 

writing,  of  which  the  following  is  a  copy:     [Here  set  forth  note.] 

4.  That  on  the day  of ,  19 . .,  the  date  of  adjudication 

herein,  said  promissory  note  was  the  property  of  said  bankrupt  and  that  all  of 

the  rights  of  the  said in  and  to  said  note  are  now  vested 

in  plaintiff,  and  that  plaintiff  is  the  owner  and  holder  of  said  note. 

5.  That  said  note  was  duly  presented  at  maturity  thereof  to  the  defendant 
and  payment  duly  demanded,  Init  that  same  was  not  paid  nor  any  part  thereof. 

Wherefore,  plaintiff  demands  judgment  against  the  defendant  for  the  sum 

of  $ ,  with  interest  thereon  from , 

together  with  the  costs  and  disbursements  of  this  action. 


Pla in  i iff 's  A  t torn eij. 
Office  and  Post  Office  Address, 

Street, 

City  of 

[Verification.] 

NOTES. 

Suits  by  trustee.     General  Principles. 

Jurisdiction. 

District  Court  has  no  jurisdiction  except  by  consent  of  proposed  defendant  of  a 
suit  to  recover  money  due  estate  of  bankrupt  and  which  belonged  to  the  bankrupt  prior 
to  adjudication. 

Harris,  Trustee,  etc.  v.  1st  Xat.  Bank,  etc.  (U.  S.  Sup.),  23  Am.  B.  R.  632;  216 
U.  S.  382;  54  L.  Ed.  528. 

Waiver. 

Conferred  by  consent  or  general  appearance. 

McEldowney  v.  Card,  27  Am.  B.  11.  937;  193  Fed.  475. 

Detroit  Trust  Co.  v.  Pontiac  Savings  Bank  (C.  C.  A.  6tli  Cir.),  27  Am.  B.  R.  821; 
196  Fed.  29;  115  C.  C.  A.  663. 

Sheppard  v.  Lincoln   (D.  C.  X.  Y.),  25  Am.  B.  R.  804;  184  Fed.  182. 

Trustee  no  right  to  sue  upon  agreement  between  State  receiver  of  bankrupt  cor- 
poration and  one  of  its  creditors. 

Love  v.  E.xport  Storage  Co.  (C.  C.  A.  6th  Cir.).  16  Am.  B.  R.  172;  143  Fed.  1;  74 
C.  C.  A.  155. 

May  bring  plenary  action  to  recover  property  imlawfully  surrendered  by  tempo- 
rary receiver. 

Whitney,  Trustee  v.  Wenman  (U.  S.  Sup.),  14  Am.  B.  R.  45;  198  U.  S.  539;  49 
L.  Ed.  1157. 

May  sue  in  conversion. 

Burns  v.  O'fioiman  Co.,  17  Am.  B.  R.  815;  150  Fed.  226. 

Action  to  compel  specific  performance. 

Henrie  v.  Henderson  (C.  C.  A.  4th  Cir.).  16  Am.  B.  R.  617;  145  Fed.  316;  76  C.  C. 
A.  196;  rev'g  s.  c.  15  Am.  B.  R.  760;  142  Fed.  568. 


FORMS  IN  BANKRUPTCY.  555 

Suit  to  set  aside  sale  of  its  own  stock  to  a  cori)orati»)ii  wliich  is  insolvent;  right  of 
trustee  upheld. 

Slierrill  v.  Hutson   (Ala.  Sup.  Ct.l.  32  Am.  B.  R.  532. 

May  sue  for  recovery  of  dividends  unlawfully  paid  out  of  capital. 

Cottrell  V.  Albany  Lard  &  Paper  Mfj,'  Co.,  142  App.  Div.  (X.  V.)  148;  126  X.  Y. 
Supp.  1070. 

Action  to  reaeh  surplus  income  of  trust  fund. 

Brown  v.  Barker  et  al.  (X^.  Y.  App.  Div.),  8  Am.  B.  R.  4r)U;  OS  App.  Div.  •  X'.  Y.) 
594. 

Butler  v.  Baudouine,  177  X.  Y.  530;  allg  16  Am.  B.  R.  238;  84  App.  Div.  (X.  Y.) 
215. 

In  re  Morris  (C.  C.  A.  2nd  Cir.),  30  Am.  B.  R.  319;  204  Fed.  770;   123  C.  C.  A.  220. 

Ditmar  v.  Gould,  60  App.  Div.  (X.  Y.)  94;  69  X.  Y.  Supp.  708. 

For  waste,  right  of  action  passes  to  trustee. 

Bynum  v.  Scott,  33  Am.  B.  R.  436;  217  Fed.  122. 

^loncy  paid  to  trustee  under  mistake  is  an  action  eiiuitahle  in  nature.  Sufficiency 
of  allegations. 

Carpenter  v.  Southworth  (C.  C.  A.  2nd  Cir.),  21  Am.  B.  K.  390;  165  Fed.  428;  91 
C.  C.  A.  378. 

Xo  jiuisdiction  under  23-b  of  a  suit  to  recover  property  forcibly  seized  by  a  cred- 
itor against  the  will  and  without  the  collusion  of  the  bankrupt. 

Waite  V.  fVottstein  et  al..  35  Am.  B.  R.  353;  224  Fed.  281. 

Xor  for  damages  for  conspiracy. 

Lynch  v.  Bronson.  24  Am.  B.  R.  513;    177  Fed.  605. 

Error  in  caption  of  summons  and  complaint  in  failing  to  show  representative 
capacity  not  fatal. 

Xewland  v.  Zodikow,  11  Am.  B.  R.  770. 

E(piitable  jurisdiction. 

When  plaintiff  held  to  have  adequate  remedy  at  law. 

Sessler  v.  Xemcof  (D.  €.  Pa.),  25  Am.  B.  R.  618;  183  Fed.  656. 

Action  by  trustee  to  have  contract  declared  void  for  illegality  denied. 

Ernst  v.  The  Terminal  Clearing  House  Ass'n  (N.  Y.  Sup.  Ct.),  86  Misc.  (X^.  Y.)  295. 

Xot  necessary  to  obtain  an  order  of  the  court  authorizing  trustee  to  bring  a  suit 
in  either  State  or  Federal  court. 

Edwards  v.  Schillinger,  148  111.  App.  227. 

Traders  Ins.  Co.  v.  Mann,   11  Am.  B.  R.  269;    118  Ga.  381. 

Callahan  v.  Israel,  186  Mass.  383. 

Held,  however,  in  \Vestern  District  of  Xew  York  to  be  better  practice. 

In  re  Meadows,  Williams  &  Co.,  25  Am.  B.  R.  100;  181  Fed.  911. 

(Ed.  X'ote.)  Under  Sec.  23  of  the  Act,  jurisdiction  depends  on  tlie  citizen.<hip  of 
the  bankrupt,  and  not  of  the  trustee  in  bankruptcy,  save  in  actions  therein  specified. 

Trustee  suing  on  appeal  bond  sliould  aver  that  he  is  the  benelicial  owner  of  tlie 
bond. 

Dreher  Co.  v.  Xational  Surety  Co.   (Ala.  Sup.  Ct.),  27  Am.  B.  R.  486. 

Effect  on  trustee's  right  to  sue  when  bankrupt  foreign  corporation  lias  failed  to 
comply  with  statutory  requirements  of  State  as  to  doing  business. 

Thomas  v.  Birmingham  Railway  Light  and  Power  Co.,.  28  Am.  B.  R.  152;  195 
Fed.  340. 

Cross  bills. 

When  not  allowed. 

Lovell  V.  Latham  &  Co.,  26  Am.  B.  R.  599;   186  Fed.  602. 


556 


FORMS  IN  BANKRUPTCY. 


Right  of  bankrupt  to  prosecute  action  after  appointment  of  trustee 

Colgan  V.  Finck  (N.  Y.  App.  Div.),  30  Am.  B.  K.  535;  159  App.  Div.  (N.  Y.)  57; 
144  N.  Y.  Supp.  408. 

Hahlo  V.  Cole,  15  Am.  B.  R.  591;   112  App.  Div.   (X.  Y.)   636. 

Amendment  of  decree  or  order.     Power  of  District  Court. 

In  re  Cuthbertson,  29  Am.  B.  R.  823;  202  Fed.  266. 

Bankruptcy  cases  distinguished. 

In  re  Burr  Mfg.  and  Supply  Co.  (C.  C.  A.  2nd  Cir.),  32  Am.  B.  R.  708;  217  Fed. 
16;   133  C.  C.  A.   126. 


FORM  No.  341. 

COMPLAINT    AGAINST    DEFAULTING    PURCHASER   FOR    DEFICIENCY 

UPON  RESALE. 

Court, 

County  of 


in  Bankruptcy  of 

against 


, ,  as  Trustee 
Plaintiff, 


Defendant. 


The  plaintiff  above  named,  by ,  his  attorney,  com- 
plaining of  the  defendant,  shows  and  alleges : 

1.  That  on  or  about  the day  of ,  19 .  . ,  a  petition  of 

certain  creditors  of  the  said was  filed  in  the  United  States 

District  Court  for District  of ,  praying 

that  he  be  adjudged  a  bankrupt ;  that  thereafter  on  or  about  the day  of 

,    19 .  . ,    was    duly    adjudicated    a 

bankrupt,  and  thereafter  at  a  meeting  of  creditors,  held  at  the  office  of  the 

referee  in  charge  of  the  proceedings,  on  the day  of 19 .  . , 

the  plaintiff  was  duly  appointed  the  trustee  in  bankruptcy  of  the  said  bank- 
rupt, duly  qualified  as  such  and  still  continues  to  act  as  such  trustee. 

2.  That  on  or  about  the day  of ,  19 . . ,  at , 

the  plaintiff,  pursuant  to  the  order  of  the  bankruptcy  court,  sold  to  the  defend- 
ant, and  the  defendant  purchased  of  the  plaintiff,  at  public  auction,  certain 
property  consisting  of 


for  the  sum  of dollars  ($ )  under  his  said  agreement. 

3.  That  the  plaintiff  was  ready  and  willing  to  deliver  the  said  goods  and 
property  to  the  defendant  within  the  said  time,  and  at  all  times  until  the.  .  .  . 


FORMS  IN  BANKRUPTCY.  557 

day  of ,  19 .  .,  thereafter ;  and  caused  the  same  to  be  retained  at 

the  place  of  said  auction  for  the  purpose  of  delivery  to  the  said  defendant 

upon  his  paying  therefor  the  said  balance  of dollars  ($ ), 

of  all  of  which  the  defendant  had  notice,  and  the  plaintiff  has  otherwise  duly 
performed  all  the  conditions  of  said  sale  on  his  part  to  be  performed. 

4.  That  defendant  did  not  i)ay  for,  nor  remove  said  goods  on  or  before  the 
said day  of ,  19 .  .  ;  that  thereafter  and  on  or  about  the 

day  of ,  19.  .,  plaintiff  served  notice  on  the  defendant 

that  he  would  make  an  application  on ,  19 .  . ,  to , 

Esq.,  the  referee  in  bankruptcy  in  charge  of  the  said  proceedings,  for  an  order 
for  a  re-sale  of  the  said  property  for  the  account  of  the  said  defendant,  and 
that  said  defendant  be  charged  with  any  deficit  that  might  result  from  said 
re-sale  and  any  expenses  that  might  be  incurred  in  maintaining  and  protecting 

the  said  property  from   ,  19.  .,  to  the  date  of  such  re-sale, 

and  for  the  expenses  of  such  a  re-sale ;  that  thereafter,  and  by  an  order  of  the 

said  referee,  dated ,  19.  .,  it  was  ordered  that  the  said  property 

be  sold  for  the  account  of  the  said  defendant  and  that  due  notice  of  said 
re-sale  be  given  to  the  creditors  of  the  said  bankrupt  and  to  the  said  defendant, 
and  that  the  said  defendant  l)e  charged  with  any  deficit  which  might  result  to 
the  plaintiff  on  such  re-sale  and  any  expenses  incurred  in  maintaining  and 

protecting  the  said  property  from ,  19.  .,  to  the  date  of  such 

re-sale  and  for  such  re-sale ;  that  thereafter  and  on  or  al)Out  the day  of 

,  19.  .,'  the  defendant  had  due  notice  of  the  making  of  said 

order;  that  thereafter  and  in  pursuance  to  said  order,  to  wit,  on  or  about  the 

day  of ,  19 .  .,  at ,  the  plaintiff  re-sold  the 

said  property  by  pul)lic  auction  for  account  of  the  defendant  for 

dollars,   ($ ). 

5.  That  no  part  of  the  deficiency  of dollars,  ($ ),  thus 

arising  has  been  paid  though  duly  demanded  of  the  defendant. 

6.  That  plaintiff  incurred  and  paid  necessary  expenses  for  maintaining  and 
protecting  the  said  property  for  the  period  hereinbefore  stated,  amounting  to 
dollars   ($ )   and  plaintiff  incurred  and  paid  necessary 

expenses  of  such  re-sale,  amounting  to  $ 

7.  That  by  reason  of  the  premises  plaintiff  has  been  damaged  in  the  sum 
of dollars. 

Wherefore,  plaintiff  demands  judgment  against  the  defendant  in  the  sum 

of dollars,  with  interest  thereoTi  from ,  19.  .,  together 

with  the  costs  and  disbursements  of  this  action. 


Attornei/  for  Plainfiff, 
Office  and  Post  Office  Address, 

Street, 

City  of 

[Verification.] 


558 


FOKMS  IN  BANKRUPTCY. 


rORM  No.  342. 

BILL   IN   EQUITY   TO   RECOVER   A   PREFERENCE. 

District  Court  of  the  United  States, 

District  of : 


in  Bankruptcy  of. 

Bankrupt, 


as  Trustee 


Plaintiff, 


against 


Defendant. 


In  Equity. 


To  the  Honorahle  Judge  of  the  District  Court, 

for  the   District  of   : 

,  a  resident  of ,  in  the  State  of 

in  the  district  of and  a  citizen  of  the  State  of  .... 

,  brings  this  his  bill  of  complaint  against a  resident 

of   in  the  district  of   and  a  citizen  of  the 

State  of ,  and  thereupon  complains  and  says : 

I.  That  this  is  a  suit  in  equity  brought  by  the  plaintiff  as  trustee  in  bank- 
ruptcy of under  and  liy  virtue  of  the  provision.«^  of  the  Bank- 
ruptcy Act  of  1898  and  amendments  thereof  to  recover  a  preference  under 
Section  fiO-b  of  said  act. 

IL  That  heretofore  and  in  the  District  Court  of  the  United  States  for  the 

District  of   ,  a  petition  in  involuntary  bankruptcy 

was  filed  by  three  creditors  against  the  above  named praying 

that  he  be  adjudged  a  Ijankrupt  and  thereafter  on  the day  of  .... 

10.  .,  he  was  duly  adjudicated  a  bankrupt  in  such  Court. 

III.  That  thereafter  at  the  first  meeting  of  the  creditors  of  such  bankrupt 
duly  called  and  held  l)efore  the  referee  in  Ijankruptcy  in  charge  of  such  pro- 
ceeding the  plaintiff  herein  was  didy  appointed  trustee  in  1)ankru])tcy  of  the 
estate  of  such  l)ankrupt  duly  qualified  and  is  now  acting  as  .cuch  trustee. 

IV.  That  within  four  months  prior  to  the  date  of  the  filing  of  said  involun- 
tary petition  in  bankruptcy  against  the  said  and  while  insol- 
vent and  indebted  to  the  defendant  and  divers  other  creditc)rs  of  the  same  class 
upon  unsecured  indebtedness  jjrovable  in  bankruptcy  and  well  knowing  such 
insolvency,  the  said did,  within  such  four  months"  period  afore- 
said, make  a  transfer  of  portions  of  his  property  to  the  said  defendant  by 
making  payments  to  him  as  follows,  to  wit: 

[Set  forth  specifically.] 


FORMS  IN  BANKRUPTCY.  559 

That  said  payments  aggregate  the  sum  of  $ 

\',  Plaintilt'  avers  that  the  eli'ect  of  such  payments  by to 

the  defendant  was  to  enable  the  said  defendant  to  obtain  a  greater  percentage 
of  his  debt  than  any  other  creditor  of  said  bankrupt  of  the  same  class  as  the 
said  defendant  and  that  said  payments  did  thus  operate  as  a  preference  under 
the  provisions  of  the  Bankruptcy  Act  of  1898  and  amendments  thereto. 

VI.  That  the  said  defendant  received  said  payments  and  each  of  them  know- 
ing or  having  reasonable  cause  to  believe  that  he  was  receiving  a  preferenct; 
under  the  provisions  of  the  Ijankruptcy  act. 

\il.  That  plaintiff  has  insufficient  assets  in  his  hands  to  pay  in  full  the 
debts  of Ijankrupt. 

YIII.  That  on  the day  of ,  the  plaintiff  duly  demanded 

of  the  defendant  the  restoration  aiul  return  to  the  estate  in  l)ankruptcy  of 
said  preferential  payments  but  such  repayment  has  been  refused. 

In  consideration  whereof  and  for  as  much  as  the  plaintiff'  is  without  ade- 
quate remedy  at  law, 

Wherefore,  plaintiff  prays: 

1,  That  the  said  several  payments  alleged  herein  to  have  been  made  by  the 

Ijankrupt  to  the  defendant  and  aggregating  the  sum  of  $ be 

decreed  by  this  Court  to  be  j^referential  and  in  violation  of  the  provisions  of  the 
Bankruptcy  Act  of  1898  and  amendments  thereof  and  that  the  same  be  set 
aside  and  declared  to  be  wholly  void  as  against  this  plaintiff. 

•^.  That  the  said  defendant  be  ordered  to  account  and  to  pay  to  the  plaintiff 

the  sum  of  $ the  aggregate  of  said  several  payments  made  to  him 

on  the  dates  aforesaid  with  interest  thereon  from  the  date  of  such  payments. 

3.  That  the  plaintiff'  have  such  other  and  further  relief  in  the  premises  as 
may  l)e  just. 

4.  And  may  it  please  this  Honorable  Court  to  issue  its  subpoena  directed  to 
the  said  defendant  commanding  him  on  a  day  certain  to  appear  and  answer  this 
liill  of  (•omi)laint  and  to  abide  by  the  orders  and  decrees  of  the  Court  thereon. 


Solicitor  for  Plaintijf. 
[Address.] 
[Address.] 
[Verification,  if  desired  or  if  special  jircliminary  relief  is  ])rayed.] 
[For  persons  before  whom  bill  may  be  verified  see  Equity  Rule  XXXVI.] 

[Ed.  Xote.l  Althoufrh  tluTe  is  ;il)uiidaiit  authority  to  support  Bill  in  Kijuity  to 
rceovt-r  preferential  payments,  as  above,  yet  it  would  seem  i)r(iper  where  money 
judfiment  alone  is  sought  and  no  instrument  to  be  set  aside,  to  frame  the  complaint 
as  in  an  action  at  law. 


560  FORMS  IN  BANKRUPTCY. 


FORM  No.  343. 

BII.L  IN  EQUITY  TO  SET  ASIDE  MORTGAGE  UNDER  SEC.  67-e  VriTHIN 
FOUR  MONTHS'  PERIOD,  AND  W^HERE  PROPERTY  HAS  BEEN  SOLD 
FREE    AND    CLEAR    OF    LIENS. 

In  the  District  Court  of  the  United  States, 

for  the   District  of : 


,  as  Trustee 

in     Bankruptcy    of    the     Estate    of 

Bankru])t, 

Plaintiff, 
against 

and 

Defendants. 


"    In  Equity. 


To  the  Honorable  Judge  of  the  District  Court  of  the  United  States, 

for  the District  of   : 

And  now  comes ,  as  trustee  of  the  estate  in  bankruptcy 

of ,  a  citizen  of  the  State  of ,  and  residing 

in  the  City  of ,  and  for  his  cause  of  complaint  against  the  above 

named  defendants,  does  respectfully  show  to  this  Honorable  Court  and  alleges : 

I.  That  at  all  the  times  hereinafter  mentioned,  the , 

was  a  corporation  organized  under  and  existing  by  virtue  of  the  laws  of  the 

State  of ,  and  having  its  principal  place  of  business  in  the 

City  of ,  District  aforesaid. 

II.  That  the  above  named  defendants  at  all  the  times  hereinafter  mentioned 
"were,  and  now  are,  corporations  organized  under  the  laws  of  the  State  of  .... 

,  and  engaged  in  the  business  of  banking,  severally  having  their 

principal  places  of  business  in  the  City  of and  at , 

State  of 

III.  This  is  a  suit  in  equity  under  the  provisions  of  the  Bankruptcy  Act  of 
1898  and  amendments  thereof  to  set  aside  a  fraudulent  conveyance  under 
Section  67-e  of  said  act. 

IV.  Plaintifl*  further  shows  that  heretofore  and  on  or  about  the 

day  of ,  19 .  . ,   was  duly  adjudicated 

a  bankrupt  in  accordance  with  the  Acts  of  Congress  relating  to  bankruptcy  in 

the  District  Court  of  the  United  States  for  the District  of 

,  on  a  petition  praying  that  it  be  so  adjudicated,  filed  in 

said  Court  on  the day  of ,  19 .  .  ;  and  that  thereafter 

the  said  plaintift'  at  a  first  meeting  of  creditors  of  the  said ,  duly 

called  and  held  on  the day  of ,  19 .  . ,  at  the  office  of 

Esq.,  referee  in  bankruptcy,  to  whom  the  matter  in 


FORMS  IN  BANKRUPTCY.  561 

said  bankruptcy  had  been  referred,  was  July  appointed  trustee  of  the  estate  in 

bankruptcy  of ,  and  thereafter  and  on  or  about  the 

day  of >  19-  -7  duly  qualified  as  such  trustee  by  accepting  said 

trust  and  filing  a  bond  in  the  sum  of ($ ) 

dollars,  as  required  by  the  order  of  his  appointment,  which  said  bond  was 
duly  approved  by  the  referee  in  bankruptcy  and  that  the  said  plaintiff  has  since 
acted  as  and  now  is  such  trustee. 

Y.  That  the  plaintiff  did  heretofore  acquire  title  to  the  property  herein- 
after more  particularly  described  by  virtue  of  his  appointment  and  qualification 
as  such  trustee  and  the  filing  of  a  certified  copy  of  the  order  of  his  appoint- 
ment and  the  certificate  of  approval  of  his  bond  in  the  office  of  the  clerk  of 

the  County  of ,  State  of ,  on  the 

day  of ,  19. .  .,  in  which  said  County  the  said  property  is 

located  and  which  is  as  follows,  to  wit : 
[Here  describe  property  fully.] 

VI.  And  plaintiff  further  shows  that  by  virtue  of  the  provisions  of  the  said 
Acts  of  Congress  relating  to  bankruptcy  and  amendments  thereto,  the  plaintiff 

as  trustee  of  the  estate  in  bankruptcy  of  the  said ,  became  vested 

with  all  of  the  property  of  the  said ,  of  whatever  kind, 

character,  nature  and  description  whatsoever  as  of  the  date  that  the  said 

was  adjudged  a  bankrupt,  and  also  to  all  rights  of 

action  which  the  said  creditors  of  the  said had  at  the  time 

of  the  said  adjudication,  to  avoid  all  transfers  by  it  made  and  to  recover 
property  so  transferred,  or  its  value,  and  to  recover  property  transferred  by  it 
in  fraud  of  its  creditors  and  to  recover  all  property  or  its  value  transferred  by 

the  said within  four  months  prior  to  the  date  of  the 

filing  of  the  petition  against  it,  or  after  the  filing  of  the  petition  and  before 
adjudication,  if  the  eft'ect  of  such  transfer  was  to  enable  such  transferee  to 
obtain  a  greater  percentage  of  his  del)t  than  any  other  creditor  of  the  same 
class,  and  that  the  person  or  persons  so  receiving  it,  or  to  be  benefited  thereby, 
or  his  or  their  agent  or  agents  acting  therein  shall  have  had  reasonable  cause  to 
believe  that  the  said  transfer  was  intended  to  give  a  preference  under  said 
bankruptcy  act. 

A'^II.  Upon  information  and  belief,  that  on  or  about  the day  of 

,  19.  .,  the  said   ,  was  indebted  to  the 

defendant  the ,  b.erein  in  the  sum  of 

($ )  dollars,  the about ($ ) 

dollars,  upon  promissory  notes  made  or  endorsed  by  the ,  and 

which  had  been  discounted  by  the  said  defendants  at  the  special  instance  and 
request  of  the  said 

VIII.  Plaintiff  further  shows,  upon  information  and  belief,  that  on  said 

day  of ,  19. .,  and  for  a  long  time  prior  thereto,  the 

said was  insolvent  and  that  while  so  insolvent,  the  said 

made,  executed  and  delivered  to  the  said  defendant,  tlie  .... 


562  FORMS  IN  BANKRUPTCY. 

,  a  mortgage  in  consideration  of  the  alleged  sum  of   

($ )    dollars,   covering   all   of   the   property   hereinbefore    more 

])articularl3^  mentioned  and  described,  a  copy  of  which  said  mortgage  is 
hereto  annexed,  marked  "  Exhibit  A  "  and  made  a  part  hereof,  and  which 

was  thereafter  and  on  the   day  of   ,   19 ... , 

duly  recorded  in  Liber of  mortgages,  page ,  in  the 

office  of  the  clerk  of  the  county  of ,  State  of 

IX.  Upon  information  and  belief  that  the  defendant,  the 

claimed  to  have  taken  and  received  the  said  mortgage  hereinbefore  mentioned 
and  described  not  only  in  its  own  interest  but  as  trustee  of  and  for  the  said 

defendant,  the ,  and  that  the  said  defendant,  the 

has  or  claims  to  have,  some  interest  in  said  mortgage. 

X.  Upon  information  and  belief,  plaintiff  does  further  show  and  allege 
that  in  truth  and  in  fact  no  present  consideration  whatsoever  was  paid  by  the 

said  defendants  to  the  said ,  for  and  in  consideration  of  the 

execution  of  the  said  mortgage  as  aforesaid,  but  that  the  said , 

made,  executed  and  delivered  the  said  mortgage  to  the  said  defendants,  as 
aforesaid,  as  alleged  security  for  said  prior  antecedent  and  pre-existing  indebt- 
edness. 

XI.  Upon  information  and  belief,  that  on  said   day  of 

,  19 .... ,  the  said   was  insolvent  and  that  the 

said  defendants  knew,  or  had  reasonable  cause  to  know  and  believe  that  the 

said was  so  insolvent  and  that  the  said  defendants  or 

their  agent  or  agents  acting  for  them  knew  and  had  reasonable  cause  to  know 
and  believe  that  the  making,  execution  .nul  delivery  of  the  said  mortgage  as 

aforesaid  was  made  to  them  ])y  the  said ,  in  order  to  enable 

them  to  receive  a  greater  percentage  of  their  debts  than  any  other  creditors 
of  of  the  same  class. 

XII.  And  the  plaintiff  does  further  show  that  heretofore  and  prior  to  the 
commencement  of  this  action,  your  orator  did  duly  file  with  the  referee  in 

said  bankruptcy  ])roceedings,  a  ])ctition  duly  verified  l\v  him  on  the 

day  of ,  li*.  . ,  for  the  entry  of  an  order  directing  that  plaintift' 

as  trustee  be  authorized  and  ])crniitted  to  sell  and  dispose  of  all  the  property, 
hereinbefore  more  particularly  mentioned  and  descril)ed,  at  public  auction  and 
in  the  nuinner  prcscrilfcd  by  the  Acts  of  Congress  relating  to  l)ankruptcv  and 
the  general  orders  of  the  Sujireme  Court  of  the  I'^nited  States,  free  of  and  from 

the  lien  of  the  said  mortgage,  and  that  thereafter  and  on  the day  of 

,  19.  .  .,  an  order  was  duly  made  and  entered  in  said  bank- 

ru))t(y'  proceedings  by  said  referee,  wherein  and  whereby  among  other  things 
])laintifF  was  authorized,  directed  and  permitted  to  sell  and  dispose  of  said 
property  at  pulilic  auction  free  of  and  from  the  lien  of  the  said  mortgage. 

XITI.  And  plaintiff  does  further  show  that  thereafter  and  in  pursuance  of 
the  provisions  of  the  said  order  and  by  virtue  of  the  power  and  authority  m 
him  vested  by  the  Acts  of  Congress  relating  to  bankruptcy  he  did  sell  at  public 


FORMIS  IN  BANKRUPTCY.  563 

auction  all  of  said  property  hereinbefore  more  particularly  mentioned  and 

described  on  the day  of ,  15J .  .  . ,  at 

o'clock M.  of  that  day,  for  the  sum  of dollars,  and 

that  plaintiff  under  and  by  virtue  of  the  terms  of  the  order  so  directing  said 
property  to  be  sold  free  of  and  from  the  lien  of  the  said  mort_<j:agc,  holds  and 

continues  to  hold  the  said  sum  of dollars,  subject  to  the 

final  decree  of  this  court  in  this  action. 

XIV.  And  plaintiff  does  further  show  and  allege,  upon  information  and 

belief,  that  the  said  defendants  did  not  pay  to  the  said ,  and  the 

said did  not  leceive  from  the  said  defendants,  any 

consideration  whatsoever  for  the  making,  execution  and  delivery  of  the  said 
mortgage  hereto  annexed,  marked  "  Exnibit  A''  and  made  a  part  hereof,  and 
that  the  said  mortgage  is  fraudulent  and  void  as  against  the  creditors  of  the 

said   ,  and  this  plaintiff,  and  was  made,  executed  and 

delivered  Ijy ,  and  received  l)y  the  said  defendants  in  consum- 
mation of   a  fraudulent  scheme  between   the  said  defendants  and   the  said 

,  to  hinder,  delay  and  defraud  the  creditors  of  the  said 

and  the  plaintiff. 

XA".  And  the  plaintiff  does  further  show  that  the  assets  of  this  estate  are 
ineufficient  to  pay  creditors  in  full. 

In  tender  consideration  whereof,  and  for  as  much  as  the  plaintiff  is  remedi- 
less in  the  jjremises  Ijy  the  strict  rules  of  the  Common  Law  and  cannot  have 
adequate  relief  save  in  a  Court  of  Equity  where  matters  of  this  and  a  similar 
nature  are  properly  cognizable  and  relievable. 

Wherefore,  plaintiff  prays: 

1.  That  the  said  mortgage  made,  executed  and  delivered  by  the  said , 

to  the  said  defendants,  dated  the day  of ,  19 .  .,  and 

recorded  in  the  office  of  the  register  of  the  County  of ,  State  of 

,  on  the   .  .  • day  of   ,  19 .  . ,  in  Liber 

of  mortgages,  page ,  be  annulled,  vacated,  set  aside  and 

declared  void. 

2.  And  that  the  proceeds  realized  upon  the  sale  of  the  said  property  as  afore- 
said, to  wit,  the  said  sum  of dollars,  be  declared  the  property  of  the 

estate  of  the  said ,  and  subject  to  the  order  of  the  District 

Court  of  the  T'nited  States  sitting  in  bankruptcy,  free  of  and  from  the  lien 
of  the  said  mortgage,  or  any  right,  title  and  interest  therein  by  the  said 
defendants. 

3.  And  that  plaintiff'  may  have  such  further  and  other  relief  and  decree  in 
tlie  premises  as  to  tlie  Court  may  seem  proper  and  required  by  the  principle^ 
of  equity  and  good  conscience. 

May  it  please  your  Honor  to  grant  unto  the  plaintiff  a  writ  of  subpoena  of 

the  United  States  of  America,  directed  to  the  said  defendants  the , 

and ,  and  to  sucli  others  as  shall  in  the  discretion  of  your 


564  FORMS  IN  BANKRUPTCY. 

Honor  appear  necessary  to  the  hearing  and  determination  of  this  case,  com- 
manding them  on  a  day  certain  to  appear  and  answer  unto  this  bill  of 
complaint  and  to  abide  and  perform  such  order  and  decree  in  the  premises 
as  to  the  Court  shall  seem  proper. 

) 

Solicitors  for  complainant, 
Office  and  P.  0.  Address, 

[AVrification.]  City  of   

[Annex  Exhibits.] 

NOTES. 

Actions  to  recover  preference  or  set  aside  transfer  within  four  months'  period. 
Sec.  60-a  b;  67-e,  23-b. 

See,  Collier  on  Bankruptcy  (lOth  Ed.),  pp.  816-827,  953-961. 

See,  Moore,  "  Fraudulent  Conveyances,"  Chap.  XXIII. 

U.  S.  Equity  Rules  XVIII,  XXII,  XXIV,  XXV,  XXVI. 

Trustee  may  sue  in  Federal  or  State  court. 

Pond  V.  New  York  Nat.  Exchange  Bank  (D.  C.  N.  Y.),  10  Am.  B.  R.  343;  124  Fed. 
992. 

Wall  et  al.  v.  Cox,  5  Am.  B.  R.  727;  181  U.  S.  244;  45  L.  Ed.  845. 

Parker  v.  Black,  16  Am.  B.  R.  202;  143  Fed.  560;  aff'd,  18  Am.  B.  R.  15;  151  Fed. 
18;  80  C.  C.  A.  484. 

Off  v.  Hakes  (C.  C.  A.  7th  Cir.),  15  Am.  B.  R.  696;   142  Fed.  364;  73  C.  C.  A.  464. 

Court  of  Common  Pleas  (Pa.)  has  jurisdiction. 

Breckons  v.  Snyder.  15  Am.  B.  R.  112;  211  Pa.  St.  176. 

Municipal  court  of  Xew  York,  when  complaint  demands  a  money  judgment. 

See,  Early  v.  Electro  Bleaching  Gas  Co.  (N.  Y.  App.  Term  Sup.  Ct.),  90  Misc. 
(N.  Y.)  613. 

Cohn  v.  Small  (N.  Y.  Sup.  Ct.),  18  Am.  B.  R.  817;  120  App.  Div.  (N.  Y.)  211;  105 
N.  Y.  Supp.  287. 

Bowman  v.  Alpha  Farms,  18  Am.  B.  R.  700;  153  Fed.  380. 

Time  limitation  and  conflicting  State  law. 

Arnold  Grocery  Co.  v.  Shackelford  ((ia.  Sup.  Ct.),  31  Am.  B.  R.  119. 

Form  of  suit.    In  equity  or  at  law. 

Equitable  jurisdiction  upheld. 

Pond  v.  New  York  Nat.  Exchange  Bank  (supra). 

Parker  v.  Black   {supra). 

Off  v.  Hakes  (supra). 

Lesser  v.  Bradford  Realty  Co.  (Sup.  Ct.  N.  Y.),  17  Am.  B.  R.  524;  116  App.  Div. 
(N.  Y.)  212;  aff'g  15  Am.  B.  R.  123. 

Houghton  V.  Stiner,  92  App.  Div.  (X.  Y.)   171. 

Wa'll  et  al.  v.  Cox  (C.  C.  A.  4th  Cir.),  4  Am.  B.  R.  659;  101  Fed.  403;  41 
C.   C.  A.  408. 

Action  at  law  for  money  had  and  received. 

^^'ilere  there  is  a  plain,  adequate  and  complete  remedy  at  law  the  suit  should  not 
be  on  equity  side  of  court. 

Warmath  v.  O'Danicl  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  101;  159  Fed.  87;  86  C.  C.  A. 
277. 

Stern.  Trustee  v.  Mayer,  16  Am.  B.  R.  763;    113  App.  Div.    (N.  Y.)    181. 

Merritt  v.  Ilalliday,  107  App.  Div.  (X.  Y.)  596. 

Johnson  v.  Hanley  Hoye  Co.  (D.  C.  R.  I.),  26  Am.  B.  R.  748;  188  Fed.  752. 


FORMS  IN  BANKRUPTCY.  565 

First  State  Bank  of  Millikcn  v.  Spencer  (G.  C  A.  8th  Cir.),  33  Am.  B.  R.  594;  219 
Fed.  503;  135  C.  C.  A.  253. 

Reber  v.  Ellis  Bros.,  25  Am.  B.  R.  5G7;   185  Fed.  313. 

Who  may  bring  the  action. 

Trustee  only  may  sue  under  this  section. 

Parker  v.  Black  (supra). 

But  if  trustee  refuses,  then  a  creditor  may  be  permitted  to  do  so  for  tlie  benefit 
of  all. 

Simple  contract  creditor  may  not  maintain  the  suit  in  aid  of  the  bankrujjtcy 
proceeding. 

Viquiesney  v.  Allen  (C.  C.  A.  4th  Cir.),  12  Am.  B.  R.  402;  131  Fed.  21;  65  C.  C. 
A.  259. 

The  right  of  a  trustee  to  bring  an  action  to  set  aside  an  alleged  preferential 
transfer  not  assignable. 

Belding-Hall  Mfg.  Co.  v.  Mercer  and  Ferdon  Lumber  Co.  (C.  C.  A.  6th  Cir.),  23 
Am.  B.  R.  595;  175  Fed.  335;  99  C.  C.  A.  123. 

Lovell  V.  Latham  &  Co.,  32  Am.  B.  R.  191;  211  Fed.  374. 

Contra.  Bryan  v.  Madden  (N.  Y.  Sup.  Ct.),  15  Am.  B.  R.  388;  109  App.  Div. 
(X.  Y.)  876;  96  N.  Y.  Supp.  465. 

Against  whom  action  brought. 

In  re  Bailey,  16  Am.  B.  R.  289;    144  Fed-  214. 

See,  Benjamin  v.  Chandler,  15  Am.  B.  R.  439;  142  Fed.  217. 

Suit  can  be  brought  not  only  against  the  creditor  or  his  agent,  but  against  a 
■  transferee  not  a  creditor. 

Hackney  v.  Hargreaves  Bros.,  13  Am.  B.  R.  164;  3  Neb.  670;  rev'g  10  Am.  B.  R. 
213. 

Note  paid  by  debtor  to  relieve  indorser  a  preference,  and  may  be  recovered  from 
the  indorser. 

Landry  v.  Andrews,  6  Am.  B.  R.  281;  22  R.  L  597;  48  Atl.  1036. 

Kobusch  V.  Hand  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  379;  156  Fed.  660;  84  C.  C.  A. 
372. 

Suit  may  be  maintained  against  the  board  of  trustees  of  a  township. 

Painter  v.  Napoleon  Township,  19  Am.  B.  R.  412;  156  Fed.  289. 

A  guarantor,  an  indorser,  an  accommodation  maker  or  a  surety  on  the  obligation 
of  the  bankrupt  is  a  creditor  within  Sec.  60  of  the  Act. 

Stern  v.  Paper  (C.  C.  A.  8th  Cir.),  28  Am.  B.  R.  592;  198  Fed.  642;'  117  C.  C.  A. 
346;  afFg,  s.  c.  25  Am.  B.  R.  451;  183  Fed.  228. 

Paj'ment  to  attorney  for  services  rendered  before  the  adjudication  may  constitute  a 
preference. 

Magee  v.  Fox  (C.  C.  A.  2d  Cir.),  36  Am.  B.  R.  161. 

Practice  and  pleading. 

Bill  or  complaint  must  allege  four  statutory  elements  for  recovery  under  Sec. 
60-a,  b. 

(1)  Insolvency  at  time  of  payment. 

(2)  That  the  payments  were  made  within  four  months  before  filing  of  the  petition. 

(3)  Tliat  the  effect  of  the  payments  was  to  give  the  defendant  a  greater  per- 
centage of  his  debt  than  other  creditors  of  the  same  class. 

(4)  That  the  defendant  had  reasonable  cause  to  believe  that  a  preference  was 
intended  by  such  payment. 

Wright  V.  Wm.  Skinner  Mfg.  Co.  (C.  C.  A.  2d  Cir.),  20  Am.  B.  R.  .i27 :  102  Fed. 
315:  89  C.  C.  A.  23. 

Benedict  v.  Deshel  (N.  Y.  Ct.  of  App.).  11  Am.  B.  R.  20;  177  N.  Y.  1. 
Harder  v.  Clark  (City  Ct.  N.  Y.),  23  Am.  B.  R.  756. 


566  FORMS  IN  BANKRUPTCY. 

See,  contra.  Rutland  Co.  .National  Bank  v.  Graves  (D.  V.  \'t.) ,  19  Am.  P..  R.  446; 
156  Fed.  168. 

Essential  tliat  bankrupt  sliould  have  transferred  some  portion  of  liis  own  property 
to  the  creditor. 

Mason  v.  Nat.  Bank  of  Little  Falls  (C.  C.  A.  'id  Cir.),  22  Am.  B.  R.  733;  172  Fed. 
529;  97  C.  C.  A.  155;  aff'd,  225  U.  S.  178;  56  L.  Ed.  1042. 

In  re  Saved,  26  Am.  B.  R.  444;  185  Fed.  962. 

Transfer  to  one  not  a  creditor. 

Keystone  Warehouse  Co.  v.  Bissell  (C.  C.  A.  2d  Cir.),  30  Am.  B.  R.  213;  203  Fed. 
652;  122  C.  C  A.  48. 

Aiello  V.  Crampton  (C.  C.  A.  8th  Cir.),  29  Am.  B.  R.  1;  201  Fed.  891;  120  C.  C. 
A.  189. 

Painter  v.  Township  of  Napoleon   (D.  C.  0.),  26  Am.  B.  R.  324;   190  Fed.  037. 

Page  V.  Moore  (D.  C.  Pa.),  24  Am.  B.  R.  745;  179  Fed.  988. 

Catchings  v.  Chatham  Nat.  Bank  (C.  C.  A.  2d  Cir.),  24  Am.  B.  R.  843;  180  Fed. 
103;  103  C.  C.  A.  601. 

Allegations  in  language  of  the  Act. 

Utah  Ass'n  of  Creditmen  v.  Boyle  Furniture  Co.  (Utah  Sup.  Ct.).  31  Am.  B.  R.  488. 

If  action  is  at  law  and  for  money  alleged  to  belong  to  bankrupt  a  demand  should 
be  alleged,  but  in  equity  no  allegation  of  a  previous  demand  is  necessary. 

Wright  v.  Skinner,  14  Am.  B.  R.  500;  136  Fed.  694. 

Grant  v.  National  Bank  of  Auburn,  28  Am.  B.  R.  712;   197  Fed.  581. 

See,  In  re  Phelps,  3  Am.  B.  R.  396. 

Action  to  set  aside  an  alleged  fraudulent  conveyance  or  to  recover  a  preference 
not  a  proceeding  in  bankruptcy,  but  ancillary  thereto  and  governed  as  to  pleading  and 
practice  by  the  laws  and  rules  of  the  court  wherein  it  is  instituted. 

Westall  et  al.  v.  Avery  (C.  C.  A.  4th  Cir.),  22  Am.  B.  R.  673;  171  Fed.  626;  96 
C.  C.  A.  428. 

See  as  to  allegations  and  practice. 

Lesser  v.  Bradford  Realty  Co.,  17  Am.  B.  R.  524;  116  App.  Div.  (N.  Y.)  212; 
aff'g  15  Am.  B.  R.  123:  Crooks  v.  People's  Nat.  Bank  of  Malone,  3  Am.  B.  R.  238;  46 
App.  Div.   (N.  Y.)   335. 

Painter  v.  Napoleon  Township  (D.  C.  0.),  19  Am.  B.  R.  412;   156  Fed.  289. 

Carey  v.  Donohue  (C.  C.  A.  6th  Cir.),  31  Am.  B.  R.  210;  209  Fed.  328;  126  C.  C. 
A.  254 ;  rev'd,  V.  S.  Sup.  36  Am.  B.  R.  704. 

Morris  v.  Tannenbaum  (Ref.  N.  Y.),  26  Am.  B.  R.  368. 

Complaint  should  allege  insufficient  assets  to  pay  debts  in  full. 

Prescott  V.  Galluccio,  21  Am.  B.  R.  229;  164  Fed.  618. 

[See  notes  to  Form  344.] 

Must  have  been  a  "  transfer." 

Rosenbluth  v.  De  Forest  and  Ilotchkiss  Co.  (Conn.  Sup.  Ct.  of  Errors),  27  Am.  B. 
R.  359. 

Allegation  of  "  insolvency." 

Martin  v.  Bigelow,  7  Am.  B.  R.  218;  36  Misc.  (N.  Y.)  298. 

Hewitt  V.  Boston  Straw  Board  Co.  (Mass.  Sup.  Jud.  Ct.).  31  Am.  B.  R.  652. 

Proof  of  insolvency  —  what  considered  as  assets. 

Utah  Ass'n  of  Creditmen  v.  Boyle  Furniture  Co.,  26  Am.  B.  R.  867. 

Allegation  that  a  preference  was  fraudulent  without  setting  forth  the  facts  show- 
ing the  fraud  insufficient. 

In  re  Leech  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  599;   171  Fed.  622;  96  C.  C.  A.  424. 

Gering  v.  Leyda  (C.  C.  A.  8th  Cir.),  26  Am.  B.  R.  137;  186  Fed.  110;  108  C.  C. 
A.  222. 

Debtor's  motive  or  intent  immaterial  since  amendment  of  1910. 


FORMS  IN  J5ANKRUPTCY.  567 

In  re  Hennan,  207  Fed.  594. 

As  distinguished  from  intent. 

In  re  McGee,  5  Am.  B.  K.  2U2;  105  Fed.  895. 

Rogers,  Trustee  v.  American  Halibut  Co.  (Mass.  8up.  Ct.i,  31  Am.  1'..  R.  576. 

lleyman  v.  Third  Nat.  Bank  of  Jersey  City  (U.  C.  N.  J.),  32  Am.  B.  R.  710;  210 
Fed.  085. 

Schmidt  v.  Bank  of  Commerce  (Sup.  Ct.  N.  M.),  25  Am.  B.  R.  904. 

Wilson  V.  Mitchell-Woodbury  Co.    (Mass.  Sup.  Ct.),  31  Am.  B.  R.  837. 

Complaint  may  be  dismissed  for  variance  between  pleading  and  proof 

Stern  v.  Mayer  (X.  Y.  Sup.  Ct.),  16  Am.  B.  R.  763;  113  App.  Div.  (X.  Y.)  ISl; 
98  X.  Y.  Supp.  102.S. 

Right  to  elect  damages. 

Xational  City  Bank  of  Xew  York  v.  Ilotchkiss  (U.  S.  Sup.),  31  Am.  V,.  R.  291; 
231  r.  S.  50;  5-S  L.  YA.  115;  aff'g  29  Am.  B.  R.  289;  201  Fed.  004;  120  C.  C.  A.  92. 

Restoration  of  stolen  funds,  not  a  recoverable  preference. 

McXaboe  v.  Columbian  Mfg.  Co.  (C.  C.  A.  2d  Cir.),  18  Am.  B.  R.  684;  153  Fed. 
967;  83  C.  C.  A.  81. 

Transfer  of  revocai)Ie  interest  held  not  a  preference. 

In  re  Martin  (C.  C  A.  3d  Cir.),  29  Am.  B.  R.  623;  200  Fed.  940;  119  C  C.  A.  324. 

A  court  of  equity  in  a  suit  by  a  trustee  to  recover  a  preference  will  not  entertain 
a  cross  bill  for  the  recovery  by  defendant  of  the  amount  of  the  dividend  to  which  he 
claims  to  be  entitled  from  the  bankrupt's  estate,  but  will  require  him  to  prove  his 
claim  in  the  Bankruptcy  Court. 

Ommen  v.  Talcott   ID.  C.  X.  Y.),  23  Am.  B.  R.  572;   175  Fed.  259. 

In  ancillary  suit  by  trustee  to  recover  a  preference  other  claimants  cannot 
inter\  cnc. 

luiauth.  Xachod  and  Kuhne  v.  Latham  and  Co.,  33  Am.  B.  R.  631 ;  219  Fed.  721 ;  135 
C.  C.  .\.  410. 

Burden  of  proof. 

Upon  trustee. 

Deland  v.  Miller  and  Cheney  Bank,  11  Am.  B.  R.  744;  119  Iowa  368. 

Cetts  V.  Janesville  Grocery  Co.  (D.  C.  Wis.),  21  Am.  B.  R.  5;  163  Fed.  417. 

Wright  V.  Sampter  (D.  C.  N.  Y.),  18  Am.  B.  R.  355,  358;   152  Fed.  196. 

Calhoun  Co.  Bank  v.  Cain  (C.  C.  A.  4th  Cir.),  18  Am.  B.  R.  509;  152  Fed.  983;  82 
C.  C.  A.  114. 

Keith,  Trustee  v.  Gettysburg  Xat.  Bank,  10  Am.  B.  R.  762;   23  Pa.  Super.  Ct.  14. 

Allen,  as  Trustee  etc.  v.  Gray  (X.  Y.  Sup.),  21  Am.  B.  R.  828. 

The  bankrupt's  petition  for  discharge,  schedules  and  testimony  at  first  meeting  of 
creditors  are  inadmissible  against  the  defendant  to  prove  the  insolvency  of  the  bank- 
rupt at  the  time  of  the  transfer. 

Taylor,  Trustee  etc.  v.  Xichols  (X.  Y.  Sup.  Ct.K  23  Am.  B.  11.  310;  134  App.  Div. 
(X.  Y.I   783:   119  N.  Y.  Supp.  910. 

Batche'.der  v.  Home  Xat.  Bank  (Mass.  Sup.  Jud.  Ct.),  32  Am.  B.  R.  555. 

Preference  by  partnership  —  burden  on  plaintiff.     Insolvency  of  individuals. 

•T.  W.  Crancer  &  Co.  v.  Wade  (Okla.  Sup.  Ct.),  25  Am.  B.  R.  880. 

Tumlin  v.  Bryan  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  319;  165  Fed.  166:  91  C.  C. 
A.  200. 

Rodolf  V.  Urst  Xat.  Bank  (Okla.  Sup.  Ct.).  28  Am.  B.  R.  S97. 

Yaccaro  v.  Security  Bank  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  47  4:  Ki:'.  Vi-<\.  AM\:  4.". 
C.   C.    A.   279. 

Power  of  District  Court  in  such  equity  suits.  Allen  v.  McMannes,  19  Am.  B.  R. 
276;   156  Fed.  615. 

Direction  of  verdict. 


568  FORMS  IN  BANKRUPTCY. 

Shale  V.  Farmers'  Bank  of  Morrill  (Kas.  Sp.  Ct.),  25  Am.  B.  R.  888. 

An  adjudication  of  a  bankrupt  upon  the  ground  of  preference,  not  conclusive  upoR 
creditor  that  his  secur.ty  is  a  voidable  preference. 

Hussey  v.  Dry  Goods  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  511;  148  Fed.  598;  7a 
C.  C.  A.  370. 

"  Reasonable  cause  to  believe." 

"WTiat  constitutes. 

Each  case  turns  on  its  own  facts. 

Information  sufficient  to  put  upon  inquiry.  Bardes  v.  First  National  Bank  of 
Hawarden  (Sup.  Ct.  la.),  12  Am.  B.  R.  771;   122  la.  443. 

In  re  Coffey,  19  Am.  B.  R.  148,  165. 

A  state  of  facts  as  would  lead  a  prudent  business  man  to  the  conclusion  that  the 
debtor  is  unable  to  meet  his  obligations,  as  they  mature,  in  the  ordinary  course  of 
business. 

Benedict  v.  Deshel,  11  Am.  B.  R.  20;   177  X.  Y.  1. 

Coder  v.  McPherson  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  523;  152  Fed.  951;  82 
C.  C.  A.  99. 

In  re  Eggert  (C.  C.  A.  7th  Cir.),  4  Am.  B.  R.  449;  102  Fed.  735;  43  C.  C.  A.  1; 
Wright  v.  Sampter   (D.  C.  N.  Y.),  18  Am.  B.  R.  355;   152  Fed.  196. 

Wright  v.  Wm.  Skinner  Mfg.  Co.  (C.  C.  A.  2d  Cir.),  20  Am.  B.  R.  527;  162  Fed. 
315;  89  C.  C.  A.  23. 

Huttig  Mfg.  Co.  V.  Edwards  (C.  C.  A.  8th  Cir.),  20  Am.  B.  R.  349;  160  Fed.  619;. 
87  C.  C.  A.  521. 

In  re  Mills  Co.,  20  Am.  B.  R.  501;  162  Fed.  42. 

Stevens  v.  Oscar  Holway  Co.,  19  Am.  B.  R.  399;  156  Fed.  90. 

In  re  Virginia  Hardware  Mfg.  Co.,  15  Am.  B.  R.  135;   139  Fed.  209. 

As  construed  by  Supreme  Court. 

Continental  and  Commercial  Trust  and  Savings  Bank  v.  Chicago  Title  and  Trust 
Co.,  30  Am.  B.  R.  624;  229  U.  S.  435;  57  L.  Ed.  1268. 

Hamilton  Nat.  Bank  of  Chicago  v.  Balcomb  (C.  C.  A.  7th  Cir.),  24  Am.  B.  R.  338; 
177  Fed.  155;   100  C.  C.  A.  575. 

Kimmerle  v.  Farr  (C.  C.  A.  6th  Cir.),  26  Am.  B.  R.  818;   189  Fed.  295;   111  C.  C. 

A.  27. 

In  re  Gaylord  (D.  C.  N.  Y.),  35  Am.  B.  R.  544;  225  Fed.  234. 

In  re  Andrews,  16  Am.  B.  R.  387;    144  Fed.  922;    75  C.  C.  A.  562;   aff'g  14  Am. 

B.  R.  247;   135  Fed.'  599. 

Actual  knowledge  not  required. 

Ridge  Avenue  Bank  v.  Sundheim  (C.  C.  A.  3d  Cir.),  16  Am.  B.  R.  863;  145  Fed. 
798;  76  C.  C.  A.  362;  afT'g,  s.  c.  15  Am.  B.  R.  132;  138  Fed.  951. 

Coder  v.  Arts  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  513;  152  Fed.  943;  82  C.  C.  A. 
91;  modifying  In  re  Armstrong,  16  Am.  B.  R.  583;  145  Fed.  202.  Getts  v.  Janesville 
Grocery  Co.,  21  Am.  B.  R.  5;   163  Fed.  417. 

In  re  Pfaffinger,  18  Am.  B.  R.  807;  154  Fed.  528.  Pratt  v.  Columbia  Bank  (D.  C. 
N.  Y.),  18  Am.  B.  R.  406,  415;  157  Fed.  137. 

Suffel  v.  McCartney  Nat.  Bank,  16  Am.  B.  R.  259;  106  N.  W.  837. 

In  re  Hines,  16  Am.  B.  R.  495;  144  Fed.  543. 

Stevenson  v.  Milliken  Tomlinson  Co.,  13  Am.  B.  R.  201 ;  99  Me.  320. 

Knowledge  of  agent  may  be  imputed  to  principal. 

Off  v.  Hakes  (C.  C.  A.  7th  Cir.).  15  Am.  B.  R.  696:  142  Fed.  364;  73  C.  C.  A.  464. 
Babbitt  v.  Kelly,  9  Am.  B.  R.  335;  95  Mo.  App.  529;  70  S.  W.  384. 

Collett  V.  Bronx  Nat.  Bank  (C.  C.  A.  2d  Cir.),  30  Am.  B.  R.  598;  205  Fed.  370; 
123  C.  C.  A.  392;  aff'g,  s.  c.  29  Am.  B.  R.  454;  200  Fed.  111. 


FORMS  IN  BANKRUPTCY.  569 

In  re  Dorr  (C.  C.  A.  9th  Cir.),  28  Am.  B.  R.  505,  509;  196  Fed.  292;  IIU  C.  C. 
A.   112. 

In  re  Nassau,  15  Am.  B.  R.  793;  140  Fed.  912.  But  see,  Crooks  v.  People's  Bank, 
3  Am.  B.  R.  238;  46  App.  Div.  (N.  Y.)  335;  61  N.  Y.  Supp.  604;  s.  c.  5  Am.  B.  R.  754; 
72  App.  Div.  (X.  Y.)  331;  aff'd,  177  N.  Y.  68. 

McNaboe  v.  Columbian  Mfg.  Co.  (C,  C.  A.  2d  dr.),  18  Am.  B.  R.  684;  153  Fed. 
967;  83  C.  C.  A.  81. 

Failure  to  inquire. 

R.  H.  lierron  Co.  v.  Moore  (C.  C.  A.  9th  Cir.),  31  Am.  B.  R.  221;  208  Fed.  134; 
125  C.  C.  A.  356. 

Collett  V.  Bronx  Nat.  Bank  (D.  C.  N.  Y.),  29  Am.  B.  R.  454;  200  Fed.  111. 

In  re  C.  J.  McDonald  &  Sons  (D.  C.  S.  Car.),  24  Am.  B.  R.  446;  178  Fed.  487. 

Ogden  V.  Reddish,  29  Am.  B.  R.  51;  200  Fed.  977. 

Presumption  of  knowledge. 

Treasurer  of  bankrupt  corporation. 

In  re  W.  A.  Silvernail  Co.,  33  Am.  B.  R.  59;  218  Fed.  979. 

Mortgage  by  firm  to  partner. 

In  re  W.  J.  Floyd  &  Co.,  19  Am.  B.  R.  438;  156  Fed.  206. 

In  re  Richards,  Inc.,  28  Am.  B.  R.  636. 

Reasonable  cause  to  believe  a  question  of  fact  for  jury. 

Thomas  v.  Adelman  (D.  C.  N.  Y.),  14  Am.  B.  R.  510;  136  Fed.  973;  also  question 
of  solvency. 

Upson  V.  Mount  Morris  Bank,  14  Am.  B.  R.  6;   103  App.  Div.  (N.  Y.)  367. 

Wetstein  v.  Franciscus  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  326;  133  Fed.  900;  67 
C.  C.  A.  62. 

Ridge  Avenue  Bank  v.  Sundlieim  (C.  C.  A.  3d  Cir.)    {supra). 

Turner   v.    Fisher    {infra). 

On  part  of  bank. 

Rosenthal  v.  Bronx  Nat.  Bank  et  al.  (D.  C.  N.  Y.),  35  Am.  B.  R.  273;  222  Fed.  83. 

When  bank's  action  in  applying  customer's  deposit  construed  as  a  preference. 

In  re  National  Lumber  Co.  (C.  C.  A.  3d  Cir.),  32  Am.  B.  R.  389;  212  Fed.  928; 
129  C.  C.  A.  448. 

Protest  of  bankrupt's  checks  as  notice  to  bank. 

Conners  v.  Bucksport  National  Bank,  214  Fed.  847. 

In  re  Frazin  and  Oppenheim  (C.  C.  A.  2d  Cir.),  29  Am.  B.  R.  214;  201  Fed.  86; 
119  C.  C.  A.  424. 

Deposit  with  bank  made  after  it  had  knowledge  of  the  depositor's  insolvency  or 
at  least  was  put  on  inquiry,  constitutes  a  voidable  preference. 

Ernst  V.  Mechanics  and  Metals  Nat.  Bank  (C.  C.  A.  2d  Cir.),  29  Am.  B.  R.  289; 
201  Fed.  664;  120  C.  C.  A.  92;  alT'd,  31  Am.  B.  R.  302;  231  U.  S.  60;  58  L.  Ed.  121. 
Tilt  V.  Citizen's  Trust  Co.  (D.  C.  N.  J.),  27  Am.  B.  R.  320;  191  Fed.  441;  aff'd,  200  Fed. 
410;  118  C.  C.  A.  502. 

Right  to  set  off  deposit. 

Studley  v.  Boyleston  Nat.  Bank  of  Boston  (In  re  Collvers  Tours  Co.)  (C.  C.  A 
1st  Cir.),  29  Am.  B.  R.  649;  200  Fed.  249;  118  C.  C.  A.  435;  alT'd,  s.  c.  (U.  S.  Sup.), 
30  Am.  B.  R.  161;  33  S.  Ct.  806;  229  U.  S.  523;  57  L.  Ed.  1313. 

Walsh  V.  First  Nat.  Bank  of  Maysville,  29  Am.  B.  R.  118;  20  Fed.  522;  120  C.  C. 
A.  30. 

Unmatured  notes. 

Germania  Savings  Bank  and  Trust  Co.  v.  Loeb,  26  Am.  B.  R.  238;  188  Fed.  285; 
110  C.  C.  A.  263. 


570  FORMS  IN  BANKRUPTCY. 

Preference  to  indorser. 

liidorser  a  creditor. 

Brown  v.  Streidier   (D.  C.  R.  I.),  24  Am.  B.  R.  267;  177  Fed.  473. 

Reber  v.  Louis  Shulman  &  Bro.  (D.  C.  Pa.),  24  Am.  B.  R.  782;  179  Fed.  574;  all"  d, 
25  Am.  B.  R.  475;   183  Fed.  564;   106  C.  C.  A.  110. 

Kobusch  V.  Hand  (C.  C.  A.  8th  Cir.),  19  Am.  B.  R.  379;  156  Fed.  660;  84  C.  C. 
A.  372. 

See,  Catching3  v.  Chatham  Nat.  Bank  (supra). 

Factors'  liens. 

Ommen  v.  Talcott  (C.  C.  A.  2d  Cir.),  26  Am.  B.  R.  689;  188  Fed.  401;  112  C.  C.  A. 
239;  rev'g,  in  part  23  Am.  B.  R.  572;   175  Fed.  259. 

Transfers  to  one  not  a  creditor. 

In  re  Kayser  (C.  C.  A.  3d  Cir.),  24  Am.  B.  R.  174;  177  Fed.  383;   100  C.  C.  A.  615. 

Defendant  "  benefited  thereby  "  under  Sec.  60. 

Huntington  v.  Baskerville  (C.  C.  A.  8th  Cir.),  27  Am.  B.  R.  219;  192  P^ed.  813; 
113  C.  C.  A.  137. 

The  estate  of  the  insolvent  debtor  must  be  diminished  by  the  transfer. 

National  Bank  of  Newport  v.  National  Herkimer  Bank  of  Little  Falls  (U.  S.  Sup.), 
28  Am.  B.  R.  218:  225  U.  S.  178;  56  L.  Ed.  1042;  aff'g  Mason  v.  Same,  22  Am.  B.  R. 
733;   172  Fed.  529;  and  rev'g  21  Am.  B.  R.  98;  163  Fed.  920. 

Preference  by  indirection. 

In  pursuance  of  former  contract. 

Lathrop  Bank  v.  Holland  (C.  C.  A.  8th  Cir.),  30  Am.  B.  R.  62;  205  Fed.  143;  123  C. 
C.  A.  375. 

Form  of  transaction  not  controlling. 

Morris  v.  Tannenbaum  et  al.,  26  Am.  B.  R.  368. 

In  re  C.  J.  McDonald  &  Sons  (D.  C.  So.  Car.),  24  Am.  B.  R.  446;  178  Fed.  487. 

Wickwire  v.  Webster  City  Savings  Bank  (la.  Sup.  Ct.),  27  Am.  B.  R.  157. 

In  re  Harrison  Bros.,  28  Am.  B.  R.  684. 

Substitution  of  securities  within  four  months'  period. 

In  re  Reese-Hammond  Fire  Brick  Co.  (C.  C.  A.  3d  Cir.).  25  Am.  B.  R.  323;  181  Fed. 
641;  104  C.  C.  A.  371. 

Securities  held  in  escrow.  Delivery  to  pledgee  within  four  months'  period  under 
exercise  of  pre-existing  right,  not  a  preference 

Sexton  V.  Kessler  &  Co.  (Ltd.)  (U.  S.  Sup.),  28  Am.  B.  R.  85;  225  U.  S.  90;  56 
L.  Ed.  995;  aff'g  21  Am.  B.  R.  807;  172  Fed.  535;  97  C.  C.  A.  161. 

National  Bank  of  Newport  v.  Nat.  Herkimer  County  Bank   (supra). 

Rogers  v.  Fidelity  Savings  and  Loan  Co.,  23  Am.  B.  R.  1 ;   172  Fed.  735. 

Preference  by  confession  of  judgment. 

Grant  v.  National  Bank  of  Auburn,  2S  Am.  B.  R.  712;  197  Fed.  581. 

Sufficiency  of  answer  to  reasonable  cause. 

Plummer  v.  Myers,  14  Am.  B.  R.  805;  137  Fed.  660.  American  Lumber,  etc.,  Co.  v. 
Taylor  (C.  C.  A.  3d  Cir.),  14  Am.  B.  R.  231;  137  Fed.  321 ;  70  C.  C.  A.  21. 

Turner  v.  Fisher,  13  Am.  B.  R.  243;   133  Fed.  594. 

When  action  not  sustained  by  the  evidence. 

Pratt,  as  Trustee,  etc.  v.  Christie  (N.  Y.  App.  Div.),  12  Am.  B.  R.  1;  95  App. 
Div.   (N.  Y.)  282. 

Payment  through  attorney  who  has  not  been  reimbursed. 

In  re  Kerlin  (C.  C.  A.  6th  Cir.).  31  Am.  B.  R.  12;  209  Fed.  42;  126  C.  C.  A.  184; 
rev'g,  8.  c.  30  Am.  B.  R.  816. 

Amount  of  recovery. 

Allen  V.  McMannes.  19  Am.  B.  R.  276;  156  Fed.  615. 

Value  of  property,  not  amount  realized  by  transferee. 


FORMS  IN  BANKRUPTCY. 


571 


In  re  Analey  Bros.,  18  Am.  B.  R.  457;  153  Fed.  !)S3. 

McElvain  v.  Hardesty  (C.  C.  A.  8th  Cir.),  22  Am.  B.  11.  320;  169  Fed.  31;  94  C. 
C.  A.  399. 

Only  so  mucli  recoverable  as  is  necessary  for  the  payment  of  claims  and  the  costs 
and  expenses  of  administering  the  estate. 

Rogers  v.  Page  (C.  C.  A.  (>th  Cir.),  15  Am.  B.  11.  502;  140  Fed.  o'Mi;  72  C.  C. 
A.  164. 

Exempt  property  not  so  recoverable. 

Vitzhum  V.  Large,  20  Am.  B.  R.  666;  162  Fed.  685. 

From  what  date  interest  allowed  in  decree. 

Wilson  V.  Mitchell-Woodbury  Co.   (Mass.  Sup.  Jud.  Ct.),  31  Am.  B.  R.  837. 

Utah  Ass'n  of  Credit  Men  v.  Boyle  Furniture  Co.  (Utah  Sup.  Ot.),  31  Am.  B.  R.  488. 

Computation  of  time. 

Mortgage  within  four  months'  period;  Sees.  60  and  3-b  construed. 

In  re  Boyd  (C.  C.  A.  2d  Cir.),  32  Am.  B.  R.  548;  213  Fed.  774;  130  C.  C.  A.  288 

Brooks  V.  Bank  of  Beaver  City,  25  Am.  B.  R.  890. 

When  recording  or  registering  of  transfer  not  required  within  Sec.  60-b. 

Telford  v.  Henrickson  (Minn.  Sup.  Ct.),  31  Am.  B.  R.  866. 

In  re  Beckhaus  (C.  C.  A.  7th  Cir.),  24  Am.  B.  R.  380;  177  Fed.  141;  100  C.  C. 
A.  561. 

Bankruptcy  Court  has  jurisdiction  of  action  by  trustee  without  consent  of  defend- 
ants to  recover  preferential  j)ayments  alleged  to  have  been  made  in  violation  of  Sec. 
66.     ^ew  York  State  Stock  Corporation  Law. 

Grandison  v.  Robertson  (D.  C.  N.  Y.),  34  Am.  B.  R.  609;  220  Fed.  985. 

Cardozo,  Jr.  v.  Brooklyn  Trust  Co.  (C.  C.  A.  2d  Cir.),  36  Am.  B.  R.  351. 

In  New  York,  when  transfer  is  made  by  an  insolvent  corporation,  plaintiff  under 
Section  66  of  New  York  Stock  Corporation  Law  of  1909,  need  not  prove  reasonable 
cause  to  believe  on  part  of  transferee. 

Price  v.  Derbyshire  Coffee  Co.  (X.  Y.  Sup.  C't.l,  New  York  Law  .lournal,  April  9, 
1910,  Trial  Term,  Part  XVII,  page  154. 

Irish  V.  Citizens'  Trust  Co.  (D.  C.  N.  Y.),  21  Am.  B.  R.  39;  163  Fed.  880. 


FORM  No.  344. 

COMPLAINT    IN    STATE   COURT    TO    DECLARE    SECRET    TRUST. 

Court?  of   , 


Count}-  of 


in  Bankruptcy  of ....  , 
against 
and 


,,  as  Trustee 
Plaintiff, 


Defendants. 


The  plaintiff  for  his  mmplaint  herein  by ,  his  attorney 

respectfully  shows  to  this  honoral)le  Court  and  alleges: 


572  FORMS  IN  BANKRUPTCY. 

1.  That  heretofore  and  in  the  District  Court  of  the  United  States  for  the 
• district  of ,  a  petition  in  bankruptcy 

was  duly  filed  by  the  above  named ,  in  which  district,  the 

said   for  more  than  six  months  prior  to  the  filing  of  said 

petition  resided,  to  be  adjudged  a  voluntary  bankrupt  and  proceedings  were 

thereupon  duly  had  on  such  petition,  that  on  the day  of , 

19. .  .,  an  order  of  adjudication  was  duly  made  and  entered  adjudicating  the 

above  named  defendant ,  a  bankrupt  within  the  purview  of 

the  Acts  of  Congress,  relating  to  bankruptcy. 

2.  That  thereafter  such  proceedings  were  duly  had  in  the  said  District 

Court  of  the  United  States  for  the district  of 

that  at  a  meeting  of  creditors  of  the  said  bankrupt,  this  plaintiff  was  duly 
appointed  the  trustee  in  bankruptcy  of  the  estate,  assets  and  effects  of  the  said 


3.  That  thereafter  this  plaintiff  duly  gave  and  filed  a  bond  as  required  by 
law  and  in  other  respects  duly  qualified  as  such  trustee  in  bankruptcy  of  the 
said ,  and  is  still  acting  as  such  trustee. 

4.  Upon  information  and  belief  that  the  above  named  defendant, 

,  is  the  owner  of  record  of  certain  real  estate,  described  as 

follows : 

[Here  describe  property.] 

5.  UTpon  information  and  belief  that  the  said  real  estate  was  purchased 

with  the  money  of  the  said  defendant, ,  and  pursuant  to  an 

understanding  and  agreement  then  had  between  the  said  defendants,   

and  his  wife, ,  that  the  said  property  was  to  be  purchased 

in  the  name  of  the  defendant and  to  be  held  by  her  in  trust 

for  the  use  and  ])enefit  of  the  defendant, 

6.  Upon  information  and  belief  that  prior  to  and  on > 

19. . .,  when  the  said  property  was  purchased  in  the  name  of  the  defendant, 

,  the  said   was  insolvent  and  unable  to  pay 

his  debts  and  obligations  in  full. 

7.  Upon  information  and  belief  that  the  said  property  hereinbefore  described 

was  purchased  in  the  name  of  the  said  defendant, , 

solely  with  the  intent  and  purpose  of  cheating  and  defrauding  the  creditors 
of  the  said 

8.  Upon  information  and  belief  that  the  said  defendant , 

is  in  reality  and  as  a  matter  of  fact,  the  owner  of  the  said  property,  but  that 

the  said  defendant, ,  is  holding  the  same  in'  trust  for  him 

under  the  secret  understanding  and  agreement  hereinbefore  set  forth,  with 
the  intent  and  purpose  of  cheating  and  defrauding  the  creditors  of  the  said  .  . 

,  and  that  the  same  is  part  of  the  bankrupt's  estate  which 

ho  has  not  surrendered  to  the  plaintiff  as  his  trustee  as  required  by  law. 

9.  That  the  assets  of  this  estate  in  hands  of  plaintiff  are  insufficient  to  pay 
the  debts  of  said  bankrupt  in  full. 


FORMS  IN  BANKRUPTCY.  573 

Wherefore,  ijlaintitl:  demands  jiulginent  as  follows: 

I.  That  the  said  defendant, ,  be  decreed  and  adjudged 

to  be  the  true  and  hiwful  owner  of  the  property  mentioned  in  said  complaint, 
and  that  the  said  defendant, ,  be  decreed  to  hold  the  said  prop- 
erty in  trust  for  the  said  defendant, 

II.  That  the  said  defendant ,  be  directed  to  execute  a 

deed  of  the  said  premises  herein  mentioned  to  the  plaintiff  as  trustee  in 
bankruptcy  of  the  defendant, 

III.  That  the  said  property  herein  mentioned  be  directed  to  be  sold  accord- 
ing to  law,  for  the  benefit  of  the  creditors  of  the  said ,  the 

bankrupt  herein. 

IV.  That  this  plaintiff  have  such  other  and  further  relief  in  the  premises 
as  to  this  court  may  seem  just  and  equitable,  besides  the  costs  and  disburse- 
ments of  this  action. 

> 

Atturneij  for  plaintiff. 

Office  and  P.  0.  Address, St., 

Cit7j  of 

[Verification.] 

NOTES. 
Action  to  fasten  secret  trust. 

Liulvi-li  V.  Amrriean  Woolen  Co.    (D.  C.  N.  Y.),   19  Am.  B.  R.  795;    159  Fed.  796. 
Jurisdiction    in    Bankruptcy    Court    to.  entertain    such    action    upheld    in. 
Milkman  v.  Arthe   (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  536;  223  Fed.  507;   139  C.  C. 
A.  55;  rev'g,  s.  c.  33  Am.  B.  R.  418;  221  Fed.  134. 
See  also,  32  Am.  B.  R.  519. 

Newcomb  v.  Biwer,  29  Am.  B.  R.  15;  199  Fed.  529. 
Pleading  when  sufficient. 

McKey  v.  Cochran  (111.  Sup.  Ct.),  33  Am.  B.  R.  78. 
[Observe  reijuirements  of  Equity  Rulea,  when  action  is  brought  in  Federal  court.] 


574  FORMS  IN  BANKRUPTCY. 


FORM  No.  345. 

COMPLAINT    IN    STATE    COURT   ACTION    TO    SET   ASIDE    UNDER    SEC. 
70-e  BILI.  OF  SALE  MADE  BEYOND  FOUR  MONTHS'  PERIOD. 


Court  of 
County. 


,as   Trustee 

in  Bankruptcy  of 

Plaiiitif, 


against 

Defendant. 


The  plaintiff  appearing  by   ,  his  attorney,  for  a  complaint 

herein,  alleges  upon  information  and  belief : 

I.  That  at  all  times  hereinafter  mentioned  the  defendant, , 

was  and  still  is  a  domestic  corporation,  organized  and  existing  under  and 
pursuant  to  the  laws  of  the  State  of 

II.  That  heretofore,  and  on  or  about ,  19.  .,  a  petition  in 

bankruptcy  was  filed  against    in  the  district  court  of 

the  United  States  for  the district  of   ,  and  such 

jiroceedings  were  had  thereafter  that  said was  on  or  about  the 

day  of ,  19.  .,  duly  adjudicated  a  bankrupt. 

III.  That  thereafter  and  on  the   day  of    ,   19.., 

,  the  plaintiff  herein,  was  duly  appointed  trustee  of  the 

estate  of  said ,  bankrupt ;  and  that  thereafter  plaintiff  duly 

(jualified  and  entered  upon  the  discharge  of  his  duties  as  such  trustee  and  has 
been  at  all  times  since  and  is  now  such  trustee;  that  upon  the  apj)ointment 
and  qualification  of  the  plaintiff  as  such  trustee,  he  became,  was  and  is  vested 
for  the  benefit  of  the  creditors  of  the  said  bankrupt,  and  in  accordance  with  the 
j»rovisions  of  the  laws  of  the  United  States  in  such  case  made,  with  all  and 
singular  the  real  and  personal  estate,  assets  and  causes  of  action  which  weie 

owned  by  or  to  which  the  said   ,  or  his  creditors  were  in 

anywise  entitled  on  the  day  when  he  was  adjudicated  bankrupt,  as  aforesaid, 
as  well  as  to  all  property  theretofore  transferred  by  hin)  in  fraud  of  his 
creditors. 

IV.  That  at  the  time  of  the  execution  and  delivery  to  the  defendant 
,  of  the  alleged  bills  of  sale  and  agreement  hereinafter  men- 
tioned, and  at  the  time  of  the  filing  of  the  alleged  bill  of  sale  of , 

19.  .,  hereinafter  referred  to,  and  at  the  time  defendant  took  possession  of  the 


FORMS  TN  BANKErPTCY.  575 

property  mentioned  in  paragraph  .  .  of  this  complaint,  the  said 

owed  debts  to  various  creditors  now  represented  by  the  plaintiff,  as  trustee 

aforesaid,  amounting  to  $ or  thereabouts ;  that  some  of  said  debts  had 

been  reduced  to  judgment  prior  to  the  execution  and  delivery  of  the  said 
alleged  bills  of  sale  and  said  agreement;  that  other  of  said  debts  were  reduced 

to  judgment  prior  to  the  adjudication  of  said ,  in  bankruptcy; 

that  all  of  said  debts  remain  whollv  uii])ai<l  and  have  been  proved  and  filed 

in  the  bankruptcy  proceedings  of  said   and  allowed  by  the 

referee  in  charge  thereof:  that  plaintiff'  has  no  money  or  other  property  in  his 
possession  to  pay  said  debts  or  any  part  thereof,  and  the  sole  asset  of  the 
estate,  is  the  property  which  the  plaintiff'  seeks  to  recover  in  this  action. 

V.     That  on  or  about  the   day  of ,  19.  ..  said 

bankrupt,  was  the  owner  and  in  possession  of  certain 

property  as  follows,  to  wit :    


situated  at street,  in  the  City  of and  State  of 

,  all  of  which  were  of  an  estimated  value  of  $ , 

or  thereabouts. 

VI.     That  thereafter  and  on  or  about  the day  of ,  19.  ., 

the  said ,  made  an  alleged  bill  of  sale  of  the  said  goods  and 

chattels  above  mentioned,  to  the  defendant, ,  which  alleged 

bill  of  sale  was  intended  to  and  did  operate  as  a  mortgage  on  the  goods  and 
chattels  covered  thereby,  a  copy  of  said  alleged  bill  of  sale  is  hereto  annexed 
marked  "  Exhibit  .A,"  and  made  a  part  of  this  complaint. 

A'll.     That  on  or  about  the  said   day  of   ,  19.  .,  the 

said ,  bankrupt,  made  an  agreement  with  the  said , 

defendant  relative  to  the  making  and  delivery  to  the  said of 

certain  ])roinissory  notes,  a  copy  of  which  agreement  is  hereto  annexed  marked 
"  Exhibit  B,"  and  made  a  part  of  this  complaint. 

VIII.     That  on  or  about  the day  of ,  19.  .,  the  said 

,  bankrupt,  made  an  alleged  bill  of  sale  to  the  defendant,  a  copy 

of  which  is  hereto  annexed  marked  "  Exhibit  C,'"'  and  made  a  part  of  this 
complaint,  purporting  to  be  confirmatory  of  the  alleged  bill  of  sale  and  a<irce- 
Tiient  hereinbefore  mentioned  in  paragraphs  VI  and  VII  respectively  of  this 
complaint. 

I.\.  That  there  was  no  consideration  given  or  received  for  the  said  alleged 
bill  of  sale  and  said  agreement  of 19.  .  ;  that  the  only  con- 
sideration for  the  alleged  confiimatory  bill  of  sale  of ,  19.  ., 

was  an  alleged  antecedent  indebtedness  due  by  said    to 

defendant :  that  there  was  no  delivery  of  the  said  goods  and  chattels  to  the 
defendant  under  said   alleged   bills  of  sale  and   said   agreement   until   on  or 

about    ,  19.  .  ;  that  the  said    bardcrupt, 

remained  in  full  and  continuous  custody,  control  and  possession  of  said  goods 
and  chattels  up  to  or  about 19.  .  ;  that  said  alleged  bill 


576  FORMS  IN  BANKRUPTCY. 

of  sale  of ,  19 .  .,  and  the  said  agreement  of , 

19.  .,  were  not  filed  pursuant  to  the  laws  of  the  State  of ,  in 

office  of of  the  County  of until  after 

,  19 . .,  and  that  possession  of  said  goods  and  chattels  was 

not  taken  by  the  defendant  until  on  or  about ,  19 . .  . 

X.  That  at  the  time  of  the  execution  and  delivery  to  the  defendant 
of  said  alleged  bill  of  sale  and  agreement  and  at  the  time 

of  the  filing  of  the  alleged  bill  of  sale  on ,  19.  .  .  .,  and  at 

the  time  the  defendant took  possession  of  the  property  men- 
tioned in  paragraph of  this  complaint,  the  said was  insolvent 

and  owed  del)ts  largely  in  excess  of  the  value  of  his  assets,  and  that  such 
alleged  bill  of  sale  and  agreement  aforesaid,  was  made,  executed  and  delivered 

to ,  defendant,  for  the  purpose  and  with  intent  on 

the  part  of  the  said of  hindering,  delaying  and  defrauding  his 

said  creditors,   and   of  placing  his   property  beyond  the   reach  of  his   said 

creditors,  and  each  of  them,  and  the  defendant so  received 

said  alleged  bill  of  sale,  and  knowingly  participated  in  said  fraudulent  scheme. 

XI.  That  the  assets  of  this  estate  are  insufficient  to  pay  creditors  in  full. 

XII.  That  heretofore  and  prior  to  the  commencement  of  this  action,  plain- 
tiff demanded  in  writing  of  the  defendant    ,  all  the  property 

covered  by  said  alleged  bills  of  sale  and  defendant  has  failed,  neglected  and 
refused  to  deliver  the  said  property  to  plaintiff. 

XIII.  That  plaintiff  has  no  adequate  remedy  at  law. 
Wherefore,  this  plaintiff  demands  judgment : 

1.  That  the  said  alleged  bill  of  sale  aiid  said  agreement  of  the day 

of ,  19.  .,  and  the  said  alleged  bill  of  sale  purporting  to  be  con- 
firmatory thereof,  made  on  the day  of ,  19 .  . . ,  be 

each  and  the  said  transfer  of  property  in  pursuance  of  same,  set  aside,  and 
declared  null  and  void  as  made  to  hinder,  delay  and  defraud  the  creditors 
of and  this  plaintiff. 

2.  That  the  defendant   be  directed  to  account  for,  transfer 

and  deliver  to  the  plaintiff,  all  of  the  property,  heretofore  received  l)y  the  said 

,  defendant  by  virtue  of  said  alleged  bill  of  sale,  agreement 

and  confirmator}^  bill  of  sale. 

3.  That  in  case  the  said  defendant shall  have  disposed 

of  said  })roperty  or  any  part  thereof,  so  that  the  same  cannot  be  reached,  con- 
trolled and  delivered  l)y  the  said  defendant,  and  transferred  and  turned  over 
to  this  plaintiff,  this  ])laintiff  have  judgment  for  the  value  thereof. 

4.  That  in  case  the  said  defendant  shall  have  permitted  said  property,  or 
any  part  thereof,  to  be  injured  or  damaged  by  use  or  wear  thereof,  or  other- 
wise, so  that  said  ])roperty  shall  have  in  consequence  depreciated  in  value,  this 
plaintiff  do  further  have  and  recover  judgment  for  the  amount  of  said  damage 
or  injury  to  said  property  as  well  as  damages  for  the  use  and  detention  thereof. 


FORMS  IN  BANKRUPTCY.  577 

5.  That  the  defendant,  be  adjudged  to  make  dis- 
closure and  discovery  as  to  any  and  all  of  said  property  received  by  it  from 

,  bankrupt,  which  it  now  has  or  which  it  has  disposed 

of,  the  whereabouts  of  which  is  concealed  from  and  unknown  to  this  plaintili", 
in  order  that  such  property,  where  not  in  possession  of  said  defendant,  may 
be  reached  and  transferred  to  this  plaintiff. 

6.  That  the  plaintitf  have  such  other  or  further  order,  judgment  or  relief 
as  to  the  court  may  seem  just  and  proper  together  with  the  costs  and  disburse- 
ments of  this  action. 

} 

Attorney  for  plaintiff. 
Office  and  Post  Office  Address, 

Street, 

City  of  

[Verification.] 
[Exhibits.] 

NOTES. 

Fraudulent  transfers  within  four  months'  period,  Sec.  67-e  and  transfers  fraudulent 
under  State  laws.     Sec.  70-a,  (4),  e.  23-b. 

Cross-references  2  (7)  (15)  47-a  (2)  60-b. 

See,  Moore  on,  "  Fraudulent  Conveyances,"  Chap.  XXIV. 

Trustee  may  maintain  action  since  amendments  of  1910  in  either  State  or  Federal 
courts  under  Sec.  67-e  or  Sec.  70-e  without  consent  of  proposed  defendant. 

Parker  v.  Sherman,  28  Am.  B.  R.  379;  195  Fed.  648. 

Hull  V.  Hudson,  26  Am.  B.  R.  725. 

Johnston  v.  Forsythe  Mercantile  Co.,  11  Am.  B.  R.  6G9;  127  Fed.  845.  Drew  v. 
Meyers  et  al.,  22  Am.  B.  R.  656. 

Suit  to  recover  proceeds  of  fraudulent  sale  may  be  brought  in  equity. 

Parker  v.  Sherman  (C.  C.  A.  2d  Cir.),  32  Am.  B.  R.  393;  212  Fed.  917;  129  C.  C.  A. 
437;  aff'g  29  Am.  B.  R.  862;  201  Fed.  155. 

Parker  v.  Black  (C.  C.  A.  2d  Cir.),  18  Am.  B.  U.  15;   151  Fed.  18;  80  C.  C.  A.  484. 

Conveyance  of  real  estate  in  fraud  of  creditors. 

Winslow  V.  Staab  (D.  C.  N.  Y.),  New  York  Law  Journal,  April  10,  1016. 

Order  refusing  to  direct  delivery  of  projjcrty  summarily,  no  bar  to  subsequent 
suit  to  recover  by  trustee. 

Murray  v.  Joseph,  16  Am.  B.  R.  704;  146  Fed.  260. 

When  trustee  is  not  barred  by  election   from  maintaining  suit  to  avoid  transfer. 

Thomas  v.  Sugarman  (U.  S.  Sup.),  30  Sup.  Ct.  Rep.  650;  218  U.  S.  129;  54  L.  Ed. 
967;  rev'g,  s.  c.   (C.  C  A.  2d  Cir.),  19  Am.  B.  R.  509;  157  Fed.  669;  85  C  C  A.  337. 

Failure  of  trustee  to  contest  claim,  no  bar  to  suit  to  recover. 

Buder  v.  Columbia  Distilling  Co.  (Ct.  of  App.  Mo.),  9  Am.  B.  R.  331. 

Jurisdiction. 

Where  creditor  could  have  avoided  a  transfer  under  tlie  laws  of  the  State,  trustee 
in  bankruptcy  has  same  power. 

Mueller  v.  Bruss.  8  Am.  B.  R.  442;  112  Wis.  406;  88  N.  W.  229. 

Hunt  V.  Doyal  (Ga.).  57  S.  E.  489. 

Under  Sec.  70-o  trustee  may  bring  an  action  against  president  of  bankrupt  corpora- 
tion to  recover  a  sum  paid  liim  from  tlie  corporate  funds,  whether  or  not  there  were 
any  creditors  of  the  corporation  at  the  time  of  the  alleged  wrongful  transaction 
or  existing  creditors  holding  judgment  or  attachment  liens. 


578  FORMS  IN  BANKRUPTCY. 

Union  Trust  Co.  v.  Amery  (\Yash.  Sup.  Ct.),  27  Am.  B.  R.  499. 

Park  V.  CaraLTon  (U.  S.  Sup.),  34  Am.  B.  R.  849;  237  U.  S.  616;  59  L.  Ed.  1147. 

Trustee  may  proceed  whether  any  creditor  is  in  a  position  to  attack  the  transfer 
or  not. 

Sheldon  v.  Parker,  11  Am.  B.  R.  152;  66  Neb.  610;  92  N.  W.  923. 

Not  necessary  for  trustee  to  show  that  a  creditor  had  obtained  judgment  and 
issued  execution,  and  had  same  returned  unsatisfied. 

Thomas  v.  Roddy,  19  Am.  B.  R.  873;  122',App.  Div.  (N.  Y.)  851.  Riker  v.  Gywnne 
(N,  Y.  Sup.),  21  Am.  B.  R.  95;  129  App.  Div.  (N.  Y.)  112.  Beasley  v.  Coggins,  12  Am. 
B.  R.  355;  57  So.  213. 

Mueller  v.  Bruss,  8  Am.  B.  R.  442;  112  Wis.  406.  Mitchell  v.  Mitchell,  17  Am. 
B.  R.  382;  147  Fed.  280;  att'd,  20  Am.  B.  R.  924;  160  Fed.  1022;  87  C.  C.  A.  613. 

Trustee  alone  authorized  to  bring  the  action. 

Ruhl-Koblegard  Co.  v.  Gillespie  (W.  Va.  Sup.  Ct.  of  App.),  22  Am.  B.  R.  643. 

Rights  of  creditors. 

McMahon  v.  Pithan  (la.  Sup.  Ot.),  33  Am.  B.  R.  125. 

Transfer  of  expectant  estate  even  though  transferee  did  not  participate  in  the 
fraud. 

Clowe  V.  Seavey  (N.  Y.  Ct.  of  App.),  31  Am.  B.  R.  830;  208  N.  Y.  496;  aff'g  151 
App.  Div.   (N.  Y.)  912;   135  N.  Y.  Supp.  1105. 

May  maintain  the  suit  in  district  other  than  the  one  in  which  he  was  appointed. 

'league  V.  Anderson  Hardware  Co.,  20  Am.  B.  R.  424;  161  Fed.  765. 

Receiver  in  bankruptcy  may  not  bring  such  suit. 

(;uarantee  Title  and  Trust  Co.  v.  Pearlman,  16  Am.  B.  R.  461 ;  144  Fed.  550. 

As  to  unfiled  chattel  mortgage. 

See,  Skilton  v.  Codington,  15  Am.  B.  R.  810;  185  N.  Y.  80. 

Parties. 

Bankrupt  not  a  necessary  party  as  he  has  no  interest  to  be  affected  except  wliat  is 
represented  by  his  trustee. 

Cox,  Trustee,  etc.  v.  Wall  et  al.,  3  Am.  B.  R.  664;  99  Fed.  546. 

Buffington  v.  Harvey  (U.  S.  Sup.),  95  U.  S.  99. 

See,  Colvert  on  Parties  (2d  Ed.),  p.  72. 

Loveland  on  Bankruptcy  (4th  Ed.),  p.  1059. 

A  fraudulent  transferee,  who  has  transferred  to  another  fraudulent  transferee  all 
his  property  rights,  is  not  a  necessary  party  defendant. 

Skillin  V.  Endelman,  11  Am.  B.  R.  766:  79  N.  Y.  Supp.  413:  39  Misc.  (N.  Y.)  261. 

Allegations  of  bill. 

Coniiihiiiit  should  allege  tluit  the  assets  of  the  estate  are  not  sufficient  to  i)ay 
creditors  in  full. 

Prescott  V.  Calluccio  (D.  C.  N.  Y.),  21  Am.  B.  R.  229;  164  Fed.  618. 

Mueller  V.  Bruss  (supra). 

Allegation  of  deficiency  of  assets  since  amendment  of  1910. 

Kraver  v.  Abrahams  (D.  C.  Pa.),  29  Am.  B.  R.  365;  203  Fed.  782. 

Johnston  v.  Forsyth  Mercantile  Co.,  11   Am.  B.  R.  669;   127  Fed.  845. 

Trustee  may  include  in  his  bill  of  complaint  all  causes  of  action  which  might  hav£> 
been  included  in  creditor's  bill. 

Carter  v.  Hobbs.  1  Am.  B.  R.  215;  92  Fed.  594. 

A  series  of  acts  covering  different  conveyances  made  to  different  parties  may 
properly  be  united  in  one  bill  in  equity  by  creditors  to  reach  the  property,  provided  it 
be  alleged  that  the  acts  were  done  pursuant  to  a  single  fraudulent  scheme.  A  complaint 
which  alleges  that  such  transactions  were  made  without  consideration  and  with  continu- 
ing intent  to  defraud  is  not  demurrable. 

Wright,  Trustee  v.  Simon  (N.  Y.  App.  Div.),  118  App.  Div.  (N.  Y.)  774. 


FORMS  IN  BANKRUPTCY.  579 

Trustee  suing  under  Sec.  70-e  must  bring  liimsi-lf  within  the  elements  of  pleading 
and  proof  recognized  by  the  statutes  and  decisions  of  the  State  in  which  action  is 
brought. 

llalbert  v.  Pranke  (Minn.  Sup.),  11  Am.  B.  R.  620. 

In  re  (iray,  3  Am.  B.  R.  647;  47  App.  Div.  (N.  V.)  554. 

Mueller  v.  Bruss  {supra). 

Who  entitled  to  share  in  proceeds  of  suit. 

In  re  Kohler  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  89;  159  Fed.  871;  87  C.  C.  A.  51. 

Suits  by  trustee  —  fraudulent  transfer. 

Right  to  a  jiu"y  trial. 

In  an  action  by  a  trustee  in  bankruptcy  to  recover  the  value  of  personal  property 
claimed  to  have  been  disposed  of  by  the  bankrupt  in  fraud  of  creditors,  the  plaintiff 
is  entitled  to  a  jury  trial,  and  this  is  so  whether  the  complaint  be  construed  as  based 
upon  the  provisions  of  Sec.  60  or  Sec.  70  of  the  Bankruptcy  Act,  authorizing  a  trustee 
in  such  cases  to  recover  the  property  or  its  value. 

Allen  V.  Gray  et  al.  (X.  V.  Ct.  of  App.),  25  Am.  B.  R.  423;  201  X.  Y.  504;  rev'g 
8.  c.  24  Am.  B.  R.  642;   139  App.  Div.  (X.  Y.)  428. 

Compare  Cohn  v.  Small,  IS  Am.  B.  R.  817;  120  App.  Div.  (X.  Y.)  211;  aff'd,  190 
X.  Y.  568. 

Necessary  elements  of  proof. 

Van  Iderstine,  Trustee  v.  Xat.  Discount  Co.  (C.  C.  A.  2d  Cir.),  23  Am.  B.  R.  345; 
174  Fed.  518;  98  C.  C.  A.  300;  aflT'd,  29  Am.  B.  R.  478;  227  U.  S.  575;  57  L.  Ed.  652. 

Lyon  V.  Wallace  (Mass.  Sup.  Ct.),  35  Am.  B.  R.  688. 

Test  of  validity  is  the  law  of  the  State. 

Mattley  v.  Wolfe  (D.  C.  Xeb.),  23  Am.  B.  R.  673;  175  Fed.  619. 

Dodge  V.  Xorlin  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  176;  133  Fed.  363;  66  C.  C. 
A.  425. 

Intent. 

In  re  Hughes  (D.  C.  X.  Y.),  25  Am.  B.  R.  556;  183  Fed.  872. 
L'nderleak  v.  Scott  (Minn.  Sup.  Ct.),  28  Am.  B.  R.  926. 
McKey  v.  Smith  (111.  Sup.  Ct.),  28  Am.  B.  R.  864. 
Butcher  v.  Cantor,  26  Am.  B.  R.  424;  185  Fed.  945. 

General  verdict  of  jury  cannot  be  treated  as  a  finding  that  there  was  an  intent  to 
defraud  of  which  tlie  transferee  had  knowledge. 
\'an  Iderstine  v.  Xat.  Discount  Co.  (supra). 

Burden  of  proof. 

When  fraudulent  transfer  has  been  established. 

Bentley  v.  Young  et  al.  (D.  C.  X.  Y.),  31  Am.  B.  R.  506;  210  Fed.  202. 

Horner-Gaylord  Co.  v.  Miller  and  Bennett  (D.  C.  W.  Va.),  17  Am.  B.  R.  257;  147 
Fed.  295. 

In  re  Schacht  :\Iotor  Car  Co.,  31  Am.  B.  R.  624. 

Intent  to  defraud  is  the  test  of  the  right  to  avoid  a  transfer  under  this  section, 
which  applies  only  to  transfers  which  are  fraudulent  at  common  law. 

In  re  Bloch   (0.  C.  A.  2d  Cir.),  15  Am.  B.  R.  748;   142  Fed.  674;   74  C.  C.  A.  250. 

Under  Ohio  Rev.  St.,  See.  6343. 

Actual  fraud  or  an  intent  to  defraud  need  not  bo  shown. 

Barber  v.  Coit  (C.  C.  A.  6th  Cir.).  16  Am.  B.  R.  419;  144  Fed.  381;  75  C.  C.  A.  319. 

Voluntary  settlement  upon  wife. 

In  ro  Foss,  17  Am.  B.  R.  439;  147  Fed.  790. 

Milkman  v.  Arthe  (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  536;  223  Fed.  507;  139  C.  C.  A. 
55;  rev'g,  s.  c.  33  Am.  B.  R.  418;  221  Fed.  134. 


580  FORMS  IN  BANKRUPTCY. 

Klingcr  v.  Hyman  (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  338;  223  Fed.  257;  138  C.  C. 
A.  499. 

Mortgage  withheld  from  record. 

In  re  Hunt,  14  Am.  B.  R.  416;  139  Fed.  283. 

Butcher  v.  Werksman,  30  Am.  B.  R.  332;  204  Fed.  330. 

Athens  Nat.  Bank  v.  Shackelford  (U.  S.  Sup.),  239  U.  S.  81;  aff'g  208  Fed.  677. 

Fraudulent  and  void  both  as  to  subsequent  and  prior  creditors. 

In  re  Duggan  (C.  C.  A.  5th  Cir.),  25  Am.  B.  R.  479;  183  Fed.  405;  106  C.  C.  A. 
51;  aff'g,  s.  c.  25  Am.  B.  R.  105;  182  Fed.  252. 

[See,  Moore  "  Fraudulent  Conveyances,"  Vol.  I.,  pp.  176-221.] 

Mortgage  of  real  estate  not  required  to  be  recorded  in  New  York  as  against  general 
creditors  and  trustee. 

In  re  Mosher  (D.  C.  N.  Y.),  35  Am.  B.  R.  284;  224  Fed.  739. 

In  re  Boyd  (C.  C.  A.  2d  Cir.),  32  Am.  B.  R.  548;  213  Fed.  774;  130  C.  C.  A.  288. 

Fraudulent  transfers  —  recovery. 

Plenary  suit  is  in  most  cases  necessary  to  reach  property  in  hands  of  third 
persons  since  decision  of  Supreme  Court  in 

Bardes  v.  Hawarden  Bank,  4  Am.  B.  R.  163;  178  U.  S.  524;  44  L.  Ed.  1175. 

Has  power  though  transfer  was  made  more  than  four  months  prior  to  adjudicatioR. 
subject  to  the  limitation  of  Sec.  70  (e). 

Bush  V.  Export  Storage  Co.  (C.  C.  Tenn.),  14  Am.  B.  R.  138;  136  Fed.  918. 

Lewis  V.  Bishop,  47  App.  Div.  (N.  Y.)  554;  62  N.  Y.  Supp.  618.  Beasley  v.  Covins, 
12  Am.  B.  R.  355;  48  Fla.  215;  57  So.  213.  In  re  Mullen,  4  Am.  B.  R.  224;  101  Fed. 
413.  Thomas  v.  Roddy  (N.  Y.  App.  Div.),  19  Am.  B.  R.  873;  122  App.  Div.  (X.  Y.)  851. 
In  re  Schenck,  8  Am.  B.  R.  727;  116  Fed.  564. 

In  re  Rodgers,  11  Am.  B.  R.  79;   125  Fed.  169;  60  C.  C.  A.  567. 

Trustee  may  bring  equity  suit  to  avoid  the  transfer. 

Beasley  v.  Coggins  {stipra).  McNulty  v.  Feingold,  12  Am.  B.  R.  3S8.  Wall  v.  Cox 
(C.  C.  A.  4th  Cir.),  4  Am.  B.  R.  659;  101  Fed.  403;  41  C.  C.  A.  408. 

See,  s.  c.  5  Am.  B.  R.  727;   181  U.  S.  244;  45  L.  Ed.  845. 

Proceeds  of  fire  insurance  contracted  by  fraudulent  transferee  of  bankrupt's  prop- 
erty not  recoverable. 

Lewis  v.  Julius  (D.  C.  X.  Y.).  31  Am.  B.  R.  575;  212  Fed.  225. 

Trenholm  v.  Klinker  (Miss.  Sp.  Ct.),  33  Am.  B.  R.  562. 

In  an  action  in  equity  by  trustee  to  set  aside  a  transfer  of  corporate  stock 
claimed  to  have  been  made  by  the  bankrupt  in  fraud  of  creditors,  where  decree  would 
not  afford  full  relief,  owing  to  depreciation  in  value  of  certificates,  the  court  may 
award  a  money  judgment  against  the  transferee. 

\Vasey  v.  Holbrook,  65  Misc.   (^T.  Y.)   84. 

Transfer  hold  valid  to  e.xtent  of  monies  advanced. 

Vollmcr  V.  Plage.  26  Am.  B.  R.  590;  186  Fed.  508. 

Vendee  chargeable  with  such  knowledge  as  he  might  have  acquired  by  reasonable 
inquiry. 

In  re  Calvi   (D.  C.  X.  Y.),  20  Am.  B.  R.  206;   185  Fed.  642. 

Wecker  v.  Xational  Enameling  Co.   (U.  S.  Sup.),  204  U.  S.  182;  51  L.  Ed.  434. 

Sale  of  stock  in  bulk. 

Johnston  v.  Forsyth  Mercantile  Co.,  19  Am.  B.  R.  48:   155  Fed.  268. 

Ilouck  v.  Christy  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  330;  152  Fed.  612;  81  C.  C.  A. 
602. 

In  re  Knopf.  17  Am.  B.  R.  48;  146  Fed.  109. 

Mortgagor  remaining  in  possession,  fraudulent  under  New  York  Personal  Property 
Law. 

Skillin  v.  Endelman,  11  Am.  B.  R.  766;  79  N.  Y.  Supp.  413;  39  Misc.  (N.  Y.)  261. 


FORMS  IN  BANKRUPTCY.  581 

111  Iowa,  void  as  to  those  wlio  became  creditors  alter  execution  of,  but  before 
recording. 

Post  V.  Berry  (C.  C.  A.  8tJi  Cir.),  23  Am.  B.  R.  699;  175  Fed.  564;  99  C.  C.  A.  186. 

In  re  Bothe  (C.  C.  A.  8th  Cir.),  23  Am.  B.  R.  151;  173  Fed.  597;  97  C.  C.  A.  547. 

Validity  under  Massachusetts  statute. 

Carpenter  v.  Karnow,  28  Am.  B.  R.  21;   193  Fed.  762. 

New  York  statute.  Parker  v.  Sherman,  29  Am.  B.  R.  862;  201  Fed.  155;  aiT'd,  32 
Am.  B.  R.  393;  212  Fed.  917;   129  C.  C.  A.  437. 

In  re  Calvi,  26  Am.  B.  R.  206;   185  Fed.  642. 

Godwin  v.  Tuttle  {Ore.  Sup.  Ct.j,  33  Am.  B.  R.  93. 

Burden  of  proof. 

Sale  of  entire  stock  in  bulk  out  of  due  course  of  business,  is  presumptively  ques- 
tionable and  casts  burden  on  purchaser  to  show  good  faith,  etc. 

In  re  Knopf,  16  Am.  B,  R.  432;  144  Fed.  245.  Dokken  v.  Page  (C.  C.  A.  8th  Cir.), 
17  Am.  B.  R.  228;  147  Fed.  438;  77  C.  C.  A.  674.  Allen  v.  McMannes,  19  Am.  B.  R. 
276;   156  Fed.  615. 

Transfer  to  relative  —  Burden  upon  grantee  to  show  good  faith. 

Horner-Gaylord  Co.  v.  Miller  &  Bennett,  17  Am.  B.  R.  257;   147  Fed.  295. 

Burden  upon  complainant  to  show  absence  of  good  faith  on  part  of  purchaser  of 
bankrupt's  accounts. 

Van  Iderstine,  Trustee  v.  National  Discount  Co.  (C.  C.  A.  2nd  Cir.),  23  Am.  C.  R. 
345;   174  Fed.  518;   98  C.  C.  A.  300. 

Shelton  v.  Price  (D.  C.  Ala.),  23  Am.  B.  R.  431;   174  Fed.  891. 

Paying  full  value  will  not  avoid  consequences  of  fraudulent  transaction. 

In  re  Calvi  (supra). 

Mortgage  of  entire  stock;  failure  to  make  inquiry. 

Johnson  v.  Dismukes  (C.  C.  A.  5th  Cir.),  29  Am.  B.  R.  086;  204  Fed.  382;  122  C.  C. 
A.  552;  aff'g  29  Am.  B.  R.  84;   199  Fed.  319. 


FORM  No.  346. 

BILL    IN    EQUITY    TO    RECOVER    FRAUDULENT    TRANSFER    AND 
ALLEGING  CONSPIRACY  TO  DEFRAUD. 

District  Court  of  the  United  States, 

District  of : 


,  as  Trustee 

in  Bankruptcy  of 

Bankrupt  , 
Plaintiff, 
against 

and 

Defendant'^. 


'    In   Equity. 


To  the  Honorable  Jud^^e  of  the  District  Court  of  the  United  States, 

for  the   District  of   : 

as  trustee  in  bankruptcy  of ,  bankrupt, 


582  FORMS  IN  BANKRUPTCY. 

brings  this,  his  bill  of  complaint  against and , 

and  thereupon  the  plaintiff  complains  and  says : 

1.  That  the  plaintiif  is  a  citizen  of  the  United  States  and  resides  at 

in  the District  of   

2.  That  the  defendants and are  citizens  of 

the  United  States  and  reside  at in  the District 

of   

3.  That  the  jurisdiction  of  this  Court  is  conferred  l)y  the  Bankruptcy  Act 
of  1898  and  the  amendments  thereto  and  the  suit  is  brought  to  recover  a 
fraudulent  transfer  of  property  under  Section  70-e  of  said  act. 

4.  That  heretofore  and  on  or  about  the day  of ,  11) .  ., 

a  petition   in   involuntary   l)ankruptcy   signed  and   verified  by   the   creditors 
therein  named,  was  duly  filed  in  the  District  Court  of  the  Ignited  States  for 

the   District  of  ,  praying  that  , 

a  merchant  and  trader  in  and  manufacturer  of   ,  having  for 

the   greater  part  of  the  six  months  next  preceding  the   filing   of  the   said 

petition,  resided  and  been  engaged  in  business  at ,  within  the 

territorial  limits  and  jurisdiction  of  the  said  District  Court  of  the  United 

States  for  the District  of ,  be  adjudged  an 

involuntary  bankrupt;  that  thereafter  such  proceedings  were  duly  had  upon 

said  petition,  that  on  or  about  the day  of ,  19 .  . ,  an  order 

was  duly  made  and  entered  in  the  said  District  Court  of  the  United  States  for 

tlie District  of ,  Avherein  and  whereby  it 

was  adjudged  and  decreed  that  the  said was  a  bankrupt  within 

the  purview  of  the  Acts  of  Congress  relating  to  bankruptcy  ;  and  thereafter  sui'h 
proceedings  were  duly  had  upon  said  petition  and  adjudication  that  the  Hrst 

meeting  of  creditors  of  the  said was  duly  held  at  the 

office  of   ,  Esq.,  one  of  the  referees  in  bankru])tcy  to  whom 

the  said  bankruptcy  proceeding  was  referred  and  such  proceedings  were  duly 

had  at  first  meeting  of  creditors,  that  on  or  about  the day  of , 

19.  .,  the  plaintiff  ^vas  duly  appointed  trustee  of  the  said and 

of  his  assets,  duly  accepted  such  ajipointment  and  duly  filed  his  l)0iul  in  the 

said  District  Court  of  the  Ignited  States  for  tlie District  of 

in  the  sum  of dollars  as  required  by  the  terms 

of  the  order  of  his  appointment,  which  l)ond  was,  on  or  about  the 

(lay  of in.  .,  duly  approved  by  the  said  District  Court  of  the 

United  States  for  the  District  of ,  in  and 

by  an  order  made  upon  said  day;  and  thereupon  plaintiif  entered  upon  the 
discharge  of  his  duties  as  such  trustee  and  now  continues  in  the  performance 
thereof. 

That  upon  information  and  belief  plaintifT  further  alleges: 

5.  That  at  all  the  times  hereinafter  mentioned,  the  respondents 

and were  engaged  in  Inisiness  in  the  City  of , 

as ,  under  the  firm  name  and  style  of 


FORMS  IN  BANKRUPTCY.  583 

6.  That  in  the  mouths  of , and , 

ID.  .,  and  within  four  months  of  the  filing  of  the  said  petition  in  bankruptcy 

against  the  said  bankrupt ,  the  said   was 

insolvent,  that  is  to  say,  the  aggregate  of  the  property  of  the  said , 

exclusive  of  the  property  hereinafter  referred  to  as  having  l)een  conveyed  and 
transferred  with  intent  to  hinder,  delay  and  defraud  his  creditors,  was  not,  at 
a  fair  valuation,  sufficient  in  amount  to  pay  his  debts. 

T.  That  the  said at  the  times  referred  to  in  the  last 

paragraph,  well  knew  that  he  was  thiis  insolvent. 

8.  That  during  the  said  months  of , and 

,  19 .  .,  and  within  four  months  of  the  filing  of  the  said 

petition  against  the  said ,  and  while  the  said 

was  insolvent  as  aforesaid,  well  knowing  the  same,  the  said 

communicated  his  financial  condition  to  the  respondent and 

informed  the  said that  he,  the  said ,  owed 

largo  sums  of  money  which  he  was  unable  to  pay  and  would  l)e  unable  to  pay, 
and  that  his  assets  were  not  sufficient  to  meet  his  liabilities,  and  that  he  was 

in  an  insolvent  and  failing  condition,  and  thereupon  the  said , 

well  knowing  the  facts  thus  communicated,  conspired  with  the  said , 

and  pursuant  to  said  conspiracy,  it  was  agreed  by  and  between  the  said 

and  the  said on  his  ow'n  part  and  on 

the  part  of  the  said  firm  of ,  that  the  said 

should  go  out  into  the  market  among  the  merchants  of  the  City  of 

and  elsewhere,  and  should  buy  largely  upon  credit  from  the  said  merchants, 
such  merchandise  as  he  could  procure  from  them  and  to  the  end  and  purpose 

that  the  said might  be  enabled  to  purchase  large  quantities  of 

merchandise  from  the  said  merchants  upon  credit,  it  was  further  agreed  that 

in  making  the  purchases  the  said should  represent  himself 

as  a  merchant  of  sound  financial  standing  and  of  sufficient  means  and  al)ility 
to  pay  therefor  and  should  refer  the  said  merchants  from  Mhom  the  said 

merchandise  was  to  be  thus  obtained  to  the  said for  the 

purpose  of  verifying  the  said  assertions  of  the  said , 

and  it  was  thereupon  agreed  that  the  said 

would,  upon  inquiry  l)y  said  merchants  or  on  their  behalf,  state  and  represent 

to  the  said  merchants  that  the  said was  a  man  of  sound 

financial  standing  and  of  sufficient  means  and  ability  to  pay  for  said  merchan- 
dise ;  and  pursuant  to  said  conspiracy  likewise  it  was  agreed  that  such  merchan- 
dise as  the  said should  thus  olitain  from  the  said  merchants 

should  not  be  paid  for,  but  that  the  same  should  be  immediately  transferred 

and  delivered  to  the  said  firm  of ,  and  sold  by  them  in  their 

business  as for  such  prices  as  they  might  obtain  and 

that  the  proceeds  should  be  kept  and  secreted  from  the  creditors  of  the  said 

and  from  the  merchants  who  were  thus  defrauded,  and  applied 

to  the  benefit  of  the  said and  the  said 


584  FORMS  IN  BANKRUPTCY. 

aud and  the  said  firm  of ,  all  of  which. 

conspiracy  and  agreement,  your  orator  avers  was  made  and  entered  into  with 
the  intent  on  the  part  of  the  respondents  to  hinder,  delay,  cheat  and  defraud 
the  creditors  of  the  said 

9.  That  in  the  months  of , and and 

within  four  months  of  the  filing  of  the  said  petition  against  the  said 

and  while  the  said was  insolvent  as  aforesaid,  well  knowing 

the  same  and  with  the  knowledge  on  the  part  of  the  said of  the  said 

insolvency  and  of  the  extent  thereof  and  pursuant  to  the  terms  and  stipulations 
of  the  corrupt  and  dishonest  agreement  set  forth  in  the  last  paragraph,  and 
pursuant  to  the  said  conspiracy  to  hinder,  delay,  cheat  and  defraud  the 

creditors  of  the  said and  with  the  intent  on  the  part  of  the 

respondents  to  hinder,  delay,  cheat  and  defraud  said  creditors  of  the  said 

,  the  said did  go  out  into  the  market 

among  the  merchants  of  the  City  and  elsewhere,  and  did  represent  himself 
to  be  a  man  of  sound  financial  standing  and  of  sufficient  means  and  ability  to 
pay  for  the  goods  hereinafter  referred  to,  and  did  represent  and  state  to  the 

said  merchants  that  the  respondent was  one  to  whom  he 

could  refer  as  to  his  financial  standing  and  means  and  ability  to  pay,  and  the 
said  merchants  largely  did  inquire  of  the  said as  to  the  stand- 
ing and  financial  responsibility  of  the  said and  the  said 

did  falsely  and  fraudulently  and  corruptly  state  and  repre- 
sent to  the  said  merchants  that  the  said was  worthy  of  credit, 

whereby  and  by  reason  whereof,  the  said established  a  large 

credit  and  procured  large  quantities  of  merchandise  with  the  intent  on  his 

part  not  to  pay  for  the  same  and  with  the  knowledge  of  the  said 

that  he  had  thus  procured  the  same  with  the  said  intent. 

10.  That  likewise  pursuant  to  the  said  conspiracy  and  corrupt  agreement 
hereinbefore  referred  to,  upon  obtaining  said  merchandise  in  manner  and  form 

as  above  set  forth,  the  said did,  during  the  months  of 

, and ,  19 ... ,  and  within  four 

months  of  the  filing  of  the  said  petition  against  the  said   and 

while  insolvent  as  aforesaid,  well  knowing  the  same,  transfer,  assign  and  set 
over  to  the  said  firm  of ,  and  with  the  intent  and  purpose 

■  of  hindering,  delaying,  cheating  and  defrauding  his  creditors,  assets  consisting 
largely  of  the  said  merchandise  thus  procured,  to  the  extent  and  of  the  fair 

and  reasonable  value  of  the  sum  of dollars ;  and  the  said 

firm  of received  the  said  property  of  the  value  afore- 
said with  the  full  knowledge  on  the  part  of  the  said   of  the 

insolvency  of  the  said  and  of  the  intent  of  the 

said to  hinder,  delay,  cheat  and  defraud  his  creditors  and 

pursuant  to  the  conspiracy  hereinbefore  set  forth. 

11.  That  the  said  transfers  were  made  by  the  said to  the 

paid to  hinder,  delay,  cheat  and  defraud  his  creditors  and 

wise,  and  the  said  firm  of did  not  receive  the  same  in 


FORMS  IN  BANKRUPTCY.  585 

good  faith  and  did  not  then  and  there  pa}'  therefor  a  present,  fair  consideration 
or  any  consideration  whatever,  and  the  same  are  null  and  void  under  the 
National  Bankruptcy  Act,  and  amendments  thereto,  and  null  and  void  as 

against  the  creditors  of  the  said hy  the  Laws  of  the  State  of 

And  tlie  plaintiff  avers  that  such  property  thus  transferred 

passes,  pursuant  to  said  Bankruptcy  Act,  to  the  plaintiff  and  brings  this  his 
bill  to  reclaim  and  recover  the  same  for  the  benefit  of  the  creditors  of  the 

said 

I"-.'.  And  plaintiff'  avers  that  the  assets  of  the  said in  his 

possession  as  trustee  are  not  sufficient  to  pay  the  creditors  of  the  said 

the  amounts  due  them  and  that  the  said  creditors  and  the  plaintiff  are  without 
adequate  remedy  at  law  without  the  equitable  intervention  of  this  court,  unless 
this  court  shall  in  furtherance  of  a  decree  which  plaintiff  seeks,  declare  the 

said  transfers  to  the  respondents to  have  been  null  and 

void.  To  that  end  therefore  the  plaintiff'  prays : 

I.  That  the  said  respondents 

and   ,  be  made  respondents  to  this  bill  and  compelled  to 

answer  each  and  every  allegation  therein  contained  but  not  under  oath  which 
is  waived,  as  fully  as  if  directly  interrogated  as  to  each. 

II.  That  it  may  be  decreed  and  adjudged  that  the  transfers  of  the  said 

property  made  by  the  said to  the  said  respondents 

and ,  are  null  and  void  as  against  the  plaintiff  as  trustee  in 

bankruptcy  of  the  said 

III.  That  it  may  be  decreed  and  adjudged  that  the  respondents  account  to 
the  plaintiff'  for  the  value  of  the  said  property  which  has  come  into  their  posses- 
sion as  set  forth  in  plaintiff's  bill  of  complaint. 

IV.  That  f)laintiff  may  have  judgment  against  the  respondents  in  the  sum 
of dollars. 

]\lay  it  please  your  Honor  to  grant  unto  the  plaintiff  a  subpoena  of  the 

United  States  of  America,  directed  to  the  said , 

and   commanding  them  and  each  of  them  on  a  day  certain 

to  appear  and  answer  unto  this  bill  of  complaint  and  to  abide  by  and  perform 
such  order  and  decree  in  the  premises  as  the  court  shall  deem  proper  and 
required  by  the  practice  in  equity  and  good  conscience. 

Solicilor  for  plainiij'f, 

Office  and  Post  Office  Address, 

Street, 

City  of 

[Verification.] 

NOTES. 
SufTicipiK  y  of  bill. 

Strashuifrer  v.  Bach  (C.  C.  A.  7th  Cir.).  10  Am.  B.  B.  732:  l.'^7  Frd.  918;  85  C.  C. 
A.  246.    Ludvigh  v.  Am.  Woolon  Co.  (D.  C.  N.  Y.),  19  Am.  B.  B.  795;  159  Fed.  796. 
Wlien  aotion  not  maintainable. 
Friedman  v.  Myers  (Cir.  Ct.  Ohio),  19  Am.  B.  B.  883. 


586  FORMS  IN  BANKRUPTCY. 


FORM  No.  347. 

PETITION   TO   LEVY  ASSESSMENT  FOR  UNPAID   STOCK 
SUBSCRIPTIONS. 

United  States  District  Court, 

for  the District  of : 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlirupt. 


No. 


To  the  District  Court  of  the  United  States, 

for  the District  of : 

The  petition  of respectfully  shoM's  and  alleges : 

First.  That  he  is  the  Trustee  in  Bankruptcy  herein,  duly  qualified  and  acting. 

Second.   That  the  said is  a  corporation,  duly  organized  and 

existing  under  the  Laws  of  the  State  of ,  and  had  its 

principal  place  of  business  in  the   ,  City  of 

and  was  engaged  in  the  manufacture  and  sale  of 

That  on  the day  of ,  19 .  .,  a  petition  of  creditors 

of  said  company  was  duly  filed  in  this  court,  praying  that  the  said  company 
l^e  adjudicated  an  involuntary  bankrupt  and  such  proceedings  were  thereafter 

had  that  on  the day  of ,  19 .  . ,  the  said 

was   duly   adjudicated   a  bankrupt;   that  thereafter  at  the  first  meeting  of 

creditors  herein,  held  before    Esq.,  as  Eeferee  in 

Bankruptcy,  on  the  day  of  ,  19 .  .,  your  peti- 
tioner was  appointed  trustee  in  bankruptcy  of  the  estate  of  the  said  bankrupt, 
thereafter  duly  qualified  and  filed  his  bond  in  the  penalty  required. 

Third.  That  your  petitioner  thereafter  immediately  entered  upon  his  duties 
and  has  sold  at  puldic  auction  all  of  the  property  and  assets  of  the  said  l)ank- 
rupt  which  came  into  his  hands  as  trustee  and  has  collected  and  reduced  to 
cash  all  of  the  assets  of  the  said  bankrupt  which  your  petitioner  has  been  able 
to  discover. 

Fourth.   That  there  have  l)een  filed  in  the  office  of  the  referee  in  charge  of 

this  proceeding  proofs  of  debt  aggregating  the  sum  of  $ ,  which  sai<I 

claims  have  been  proved  and  allowed,  and  that  no  further  claims  under  the 
Bankruptcy  Act  can  now  be  filed  against  this  estate,  as  the  year  allowed  by 
such  Act  in  which  creditors  may  file  claims  has  now  expired. 


FORMS  IN  BANKRUPTCY.  587 

Fifth.    That  your  petitioner  out  of  the  moneys  in  his  liands  belonging  to 

this  estate  has  paid  the  taxes  due  from  said  company  to  the  City  of , 

a  portion  of  the  expenses  of  administration  under  orders  of  this  Court  and  a 

dividend  of    ujjon  the  claims  of  creditors  duly  filed  and 

allowed  herein  and  now  has  in  his  hands  as  trustee  on  deposit  in  the 

Bank,  a  designated  depository  of  this  court,  a  balance  of 

•$ ,  which  3-our  petitioner  l)elieves  will  l)e  insufficient  to  pay  the 

further  expenses  of  administration  as  may  hereafter  l)e  allowed  by  this  court, 
and  that  no  part  of  same  will  therefore  become  applical)le  to  the  payment  of 
any  further  dividend  to  creditors  herein. 

Sixth.   That  the  said was  organized  in , 

19 .  .,  with  a  capital  stock  of  $ consisting  of shares 

of  the  par  value  of  $ each.     That  at  the  time  of  the  adjudication 

herein,  of  this  number,   shares  were  actually  issued  and  the 

balance,  consisting  of    shares,  remained  in  the  treasury  of  the 

company.  That  the  original  sul)scrii)ers  to  the  stock  of  said  company  and  the 
amount  subscril)ed  for  by  each  are  as  follows: 

shares 

shares 

shares 

shares 

shares 

shares 


That  on  the    day  of    ,  19. .,  said  certificates  of 

stock  in  the  number  of  shares  as  above  set  forth,  were  allotted,  issued  and 
delivered  to  the  said  several  sidjscribers.  That  as  appears  by  the  books  of  said 
company,  and  as  your  petitioner  is  informed  and  verily  believes,  the  said 

shares  of  stock  issued  to , , , 

, ,   ,  and , 

as  full  paid  stock  were  not  in  fact  full  paid  stock  ])ut  were  issued  by  the  said 

to  the  said  suliscribers  upon  payment  by  them  and  each 

of  them  of per  cent,  of  the  par  value  of  said  stock  and  that  the 

balance  due  from  said  subscriliers  upon  said  stock  has  always  remained  and 
still  is  unpaid.  That  the  amounts  remaining  unpaid  upon  such  stock  are  as 
follows : 

Name  Re-irlence  Amt.  Sub.  Aint.  Pd.  A-nt.  Due. 


SevP7rfh.  That  immediately  after  its  incorporation  the  said 

commenced  Imsiness  in  the  City  of and  incurred  a  larje 


588  FORMS  IN  BANKRUPTCY. 

amount  of  indebtedness,  the  claims  for  which  have  been  filed  and  allowed  in 
this  proceeding. 

Eighth.  That  as  above  stated  the  assets  of  said  bankrupt  company  which 
have  come  into  the  hands  of  your  petitioner  or  were  discoverable,  were  insuffi- 
cient to  pay  the  debts  of  the  said  company  and  that  a  deficiency  exists  of  at 

least per  cent,  of  the  amount  of  such  claims  as  filed  and  allowed. 

That  unpaid  stock  subscriptions  constitute  a  trust  fund  for  the  payment  of  the 
debts  of  creditors  and  an  assessment  should  be  made  upon  the  stockholders 

of  the upon  their  unpaid  subscriptions  to  an  amount  sufficient 

to  discharge  the  debts  of  said  company  and  that  such  assessment  should  be 
levied  and  ordered  paid  by  this  court.  That  so  far  as  your  petitioner  has 
been  able  to  learn  from  the  books  of  said  company  and  the  testimony  of  the 
officers  thereof,  the  above  named  persons  are  the  only  suljscribers  to  said 
capital  stock  who  have  not  paid  their  said  several  stock  subscriptions. 

Ninth.    That  in  the  opinion  of  your  petitioner  an  assessment  of  at  least 

per  cent,  upon  the  unpaid  subscrij)tions  to  the  capital  stock  of 

this  company  would  be  sufficient  to  pay  the  balance  of  the  indebtedness  of 
said  bankrupt  and  the  costs  and  expenses  of  this  proceeding. 

Tenth.  No  previous  application  has  been  made  for  the  order  asked  for 
herein. 

Wherefore,  your  petitioner  prays  for  an  order  authorizing  and  empower- 
ing him  as  trustee  in  bankruptcy  herein  of  the to  issue  a  call  for 

the  unpaid  subscriptions  to  the  capital  stock  of  the  said  company  for  the 
purpose  of  paying  the  debts  of  said  company  and  for  an  order  directing  that 

an  assessment  of per  cent,  be  levied  upon  the  above  named 

subscribers  to  the  capital  stock  of  the  said upon  the  amount 

remaining  unpaid  upon  their  said  several  stock  subscriptions  and  that  same 

be  paid  by  said  subscribers  to  your  petitioner  as  trustee  on  or  before  the 

day  of ,  19 ... ,  and  that  said  subscriptions  when  paid  or 

collected  1)e  accounted  for  and  distributed  under  the  orders  of  this  court,  and 
in  default  of  such  payment,  your  petitioner  as  trustee  of  the  estate  of  the 
said  bankrupt,  be  authorized  and  directed  to  institute  such  proceedings  either 
at  law  or  in  equity  against  said  stockholders  as  may  be  necessary  to  recover 
the  amount  assessed  upon  said  stock. 


Petitioner. 
[Verification.] 


FORMS  IN  BANKRUPTCY. 


589 


FORM  No.  348. 

ORDER    DIRECTING    ASSESSMENT    FOR    UNPAID    STOCK    SUBSCRIP- 
TIONS. 

At  a  Stated  Term  of  the  District  Court 

of  the  United  States  for  the 

District  of ,  held  at  the 

Court  House,  in  the  City  of ,  on 

the   day  of ,  19. .. 

Present : 

Hon , 

District  Judge. 


In  the  Matter 

OF 


Banl-rupt. 


Upon  the  annexed  petition  of ,  verified ,  19.  ., 

the  adjudication  in  bankruptcy  and  all  the  proceedings  had  herein,  and  it 
appearing  to  my  satisfaction  that  the  assets  in  the  hands  of  the  said  trustee  are 
insufficient  to  pay  the  debts  of  said  l)ankrupt  company,  duly  filed  and  allowed, 
and  on  motion  of ,  attorney  for  the  said  trustee,  it  is 

Ordered,  that  an  assessment  be  levied  upon  the  subscribers  to  the  capital 

stock  of  the Company  the  bankrupt  herein,  for  the  purpose 

of  paying  the  del)ts  of  said  bankrupt,  as  proved  and  allowed,  to  an  amount 
equal  to  the  unpaid  amounts  upon  their  said  several  stock  subscriptions. 

And  it  is  farther  ordered,  that ,  the  trustee  in  1)ankruptcy 

herein,  be  and  he  herel)y  is  authorized  rnd  directed  to  collect  the  said  assess- 
ment as  herein  ordered,  and  to  make  and  issue  a  call  upon  the  subscribers  to  the 
capital  stock  of  the  bankrupt  herein,  requiring  them  to  pay  the  amount  remain- 
ing unpaid  upon  their  several  stock  subscriptions  to  said  trustee  on  or  before 
,19.... 

And  it  is  further  ordered,  that  the  said  trustee  keep  an  accurate  account  of 
said  stock  subscriptions  so  collected  and  upon  the  payment  of  the  debts  of  said 
bankrupt,  as  proved  and  allowed,  to  return  the  residue,  if  aiiy,  pro  rata  to  the 
persons  entitled  thereto. 

And  it  is  further  ordered,  that  the  said  trustee  in  default  of  payment  by 
those  to  whom  such  call  has  l)een  duly  made  is  authorized  and  empowered  to 


590 


FORMS  IN  BANKRUPTCY. 


institute  such  proceedings  either  at  law  or  in  equity  against  said  stockholders 
as  may  be  necessary  to  recover  the  said  assessment. 


D.J. 


FORM  No.  349. 

COMPLAINT    TO    RECOVER    UNPAID    STOCK    SUBSCRIPTIONS. 

, Court  of , 


County  of 


in  Bankruptcy  of 

against 

5 

and. . 


,  as  Trustee 
Plaintiff, 


Defendants. 


'     Complaint. 


as  trustee  in  liankruptcy  of   for  his 

complaint  against  the  al)0ve  named  defendants  respectfully  shows  and  alleges 
to  this  Court: 

First.    That  the   Company,  hereinafter  mentioned,  is  a 

corporation  organized  and  existing  under  and  by  virtue  of  the  laws  of  the 
State  of ,  and  having  heretofore  had  at  the  time  of  its  adjudi- 
cation iji  bankruptcy,  its  principal  place  of  business  at  the  City  of , 

State  of  

Second.     Plaintiff  further  shows  and  alleges,  that  on  the day  of 

,  19 .  . ,  a  petition  of  creditors  of  said Company 

was  duly  fded  in  the  United  States  District  Court  for  the 

district  of ,  praying  that  the  said  company  be  adjudicated  a 

bankrupt,  and  such  proceedings  were  thereafter  had  that  on  the day  of 

,  19 .  . ,  the  said Company  was  duly 

adjudicated  a  bankrupt,  and  the  proceeding  was  referred  to , 

Esq.,  one  of  the  referees  in  1)ankruptcy  of  the  United  States  District  Court  for 
district  of  That,  thereafter  at  the  first  meet- 
ing of  creditors  duly  held  liefore  the  said  referee  on  the   day  of 

19.  .,  the  plaintiff  was  appointed  trustee  in  bankruptcy  of  the  said 

bankrupt  and  duly  qualified,  filed  his  bond  in  the  penalty  required  and  is  still 
acting  as  such  trustee. 


FORMS  IN  BANKRUPTCY.  591 

Third.  Plaintiff  further  shows  and  alleges,  that  as  such  trustee  he  has 
collected  and  reduced  to  cash,  all  of  the  property,  assets  and  effects  of  the  said 
l)ankrupt,  other  than  the  unpaid  stock  subscriptions,  and  that  said  moneys 
which  have  come  into  his  hands  as  trustee  and  belong  to  the  estate  in  bank- 
ruptcy, are  insufficient  to  pay  the  expenses  of  administration  and  that  no  part 
of  same  are  applicable  for  the  payment  of  the  debts  of  said  bankrupt,  or  any 
dividend  to  creditors  of  said  l)ankrupt,  and  that  no  dividend  has  heretofore 
been  paid. 

Fourth.  The  jalaintiff  further  shows  and  alleges,  that  there  have  been  filed 
in  the  office  of  the  referee  in  bankruptcy  herein,  during  the  year  provided  and 
allowed  by  the  Bankruptcy  Act,  for  the  filing  of  claims,  claims  aggregating 

$ ,  which  said  claims  have  been  proved  and  allowed,  and 

that  the  time  in  which  to  file  claims  in  said  ])ankruptcy  proceeding  has  now 
expired. 

Fifth.  Ou  information  and  belief,  plaintiff  further  shows  and  alleges, 
that  prior  to  the  organization  of  the Company,  the  bank- 
rupt above  named,  there  was  a  corporation  organized  and  existing  by  and  under 

the  laws  of  the  State  of ,  known  as  the  " 

Company,"  of  which  corporation  all  of  the  defendants  herein,  -with  other 

persons,  were  directors  and  stockholders.     A  re-organization  of  said 

Company  having  been  deemed  necessary,  the  defendants  with  other  stock- 
holders of  said  compan}',  consented  to  a  plan  of  re-organization,  which  provided 
for  the  payment  of  the  debts  of  the  said  company  and  that  all  interested 
financially  be  given  stock  in  a  new  corporation  all  on  the  same  basis,  and  in 
order  to  prevent  losses  which   would  result  through  a  liquidation  of  said 

Company,  and  to  save  the  costs  and  expenses  incident 

thereto,  that  the  directors  thereof  resign  and  agree  to  accept  stock  in  the  new 
company  to  be  formed.  That  all  of  the  defendants  herein  signed  and  executed 
in  wi'iting  such  re-organization  agreement  and  thereafter  resigned  as  directors 

of  the Company  as  provided  by  said  plan.     That 

pursuant  to  such  re-organization,  on  or  about  the day  of , 

19 .  .,  the  defendants  and  each  of  them,  executed  and  delivered  to  one 

,  the  promoter  thereof,  a  written  agreement,  a  copy  of  which 

is  hereto  annexed,  marked  Exhibit  "A"  and  made  a  part  of  this  complaint. 

Sixth.     That  on  information  and  belief,  thereafter  and  on  or  about  the 

day  of ,  19.  .,  pursuant  to  said  agreement,  Exhibit 

"A,"  the  said Company,  mentioned  in  said  exhibit  was  duly 

organized  and  incorporated  under  the  laws  of  the  State  of ,  with 

an  authorized  capital  stock  of dollars  ($ ) 

consisting  of   dollars   ($ )    per  cent., 

( .  .  % )  cumulative  preferred  stock,  and dollars  ($ ) 

common  stock ;  that  thereafter  and  prior  to ,  19 .  . ,  said  stock 

subscription  agreement  (Exhibit  "A")  was  duly  delivered  to  and  accepted  by 
said Company  and  the  stock  allotted  to  the  said  several 


592  FORMS  IN  BANKRUPTCY. 

subscribers  as  provided  by  the  terms  of  said  agreement  Exhibit  "A,"  and  the 
defendants  were  so  notified. 

Seventh.  On  information  and  belief,  the  plaintiff  further  alleges  that  in 
reliance  upon  said  subscription  agreement  and  the  capital  thereby  provided  and 

assured,  the Company,  the  bankrupt  herein,  began 

active  operations  in  the  business  of  the  manufacture  and  sale  of 

and  incurred  debts  and  liabilities,  which  are  still  unpaid. 

Eighth.  That,  as  plaintiff  is  informed  and  verily  believes,  the  defend- 
ants, though  frequently  requested  so  to  do,  have  failed  and  refused  to  pay  to 
said  corporation  the  amounts  of  their  several  stock  subscriptions,  except,  as 

plaintiff  is  informed  and  verily  believes,  the  defendant has  paid 

thereon  the  sum  of  $ ,  the  defendant the  sum  of 

$ ,  and  have  received  stock  therefor.    That  the  time  provided  in 

said  stock  subscription  agreement  since  notice  of  allotment  and  call  has  long 
since  expired.  That  the  amounts  remaining  unpaid  upon  subscriptions  to  the 
stock  of  the Company,  bankrupt,  are  as  follows : 


defendant,  $ . 

$. 


$. 


Total  $. 


Ninth.  That,  upon  information  and  belief,  the  said Com- 
pany was  at  all  the  times  aforesaid,  ready,  willing  and  able  to  deliver  to  each 
of  the  defendants  upon  payment  therefor,  the  balance  of  said  stock  subscribed 
for,  and  so  notified  each  of  said  defendants. 

Tenth,     The  plaintiff  further  alleges  and  shows,  that  upon  the  petition  of 

plaintiff,  duly  verified,  the  United  States  District  Court  for  the 

District  of ,  made  an  order,  dated  the day  of , 

19. .,  ordering  and  directing  that  an  assessment  be  levied  upon  the  subscribers 
to  the  capital  stock  of  said  bankrupt  company  for  the  purpose  of  paying  the 
debts  of  said  ])ankrupt,  as  proved  and  allowed  in  said  bankruptcy  proceeding  to 
an  amount  equal  to  the  unpaid  amounts  upon  the  several  stock  subscriptions 
and  directing  the  trustee  to  make  a  call  for  same  and  requiring  payment 

thereof  on  or  before ,  19 .  .,  a  copy  of  which  order  is  hereto 

annexed,  marked  Exhibit  "  B."  That  pursuant  to  said  order,  the  plaintiff 
made  and  issued  such  call  to  each  subscriber  to  the  capital  stock  of  said  l)ank- 
Tupt  upon  whose  su])Scription  there  remained  a  balance  unpaid,  annexing  there- 
with a  copy  of  said  order  of ,  19  •  • ,  above  mentioned.    That 

said  call  was  duly  so  made  upon  each  of  the  defendants  herein.  That  all  and 
each  of  said  defendants  have  neglected  and  refused  to  obey  said  order  and  have 
paid  no  part  of  the  assessment  ordered  and  directed  by  said  bankruptcy  court, 
and  the  time  to  comply  with  said  order  has  now  expired. 


FORMS  IN  BANKRUPTCY.  593 

Eleventh.     That  the  plaintiff  has  no  adequate  remedy  at  law. 

Wherefore,  plaintiff  prays : 

First.  That  it  be  ordered,  adjudged  and  decreed  that  the  defendants,  and 
€ach  of  them,  pay  to  the  plaintiff  such  several  amounts  upon  their  unpaid 

subscriptions  to  the  capital  stock  of  the Company,  bankrupt, 

as  may  be  sufficient  in  the  aggregate  to  pay  the  debts  of  said  company,  amount- 
ing to  $ and  the  costs  and  expenses  of  this  action. 

Second.  That  the  plaintiff  have  judgment  against  the  defendants,  and 
each  of  them,  for  such  unpaid  stock  subscriptions  or  for  such  part  thereof  as 

may  be  sufficient  to  pay  the  said  debts  of  the Company, 

bankrupt,  and  the  costs  and  expenses  of  this  action. 

Third.  That  the  plaintiff  have  such  other  and  further  relief  in  the  premises 
as  to  this  court  may  seem  just  and  proper. 


Attorney  for  Plaintiff. 
(Address.) 
[Verification.] 
[Add  Exhibits.] 

NOTES. 

Action  to  recover  unpaid  subscriptions  to  stock. 
Power  of  court  to  order  assessment. 

In  re  Miller  Electrical  Maintenance  Co.,  6  Am.  B.  R.  701;  111  Fed.  515. 
In  re  Crystal  Spring  Bottling  Co.,  3  Am.  B.  R.  194;  96  Fed.  945. 
In  re  Eureka  Furniture  Co.  (D.  C.  Pa.),  22  Am.  B.  R.  395;   170  Fed.  485. 
In  re  Nev/  Foundland  Syndicate   (C.  C.  A.  3rd  Cir.),  29  Am.  B.  R.  858;   201  Fed. 
917;  120  C.  C.  A.  255;  modf'g,  s.  c.  28  Am.  B.  R.  19;  196  Fed.  443. 
Assessment  denied. 

In  re  Monarch  Corporation,  28  Am.  B.  R.  382;  203  Fed.  664;  122  C.  C.  A.  60. 
See  also,  s.  c.  24  Am.  B.  R.  428;   196  Fed.  252. 
Preliminary  assessment  necessary. 

Rosoff  V.  Gilbert  Transportation  Co.,  30  Am.  B.  R.  359;  204  Fed.  349. 
Hunt  V.  Sharkey  (Cal.  Ct.  of  App.),  31  Am.  B.  R.  894. 

Petition  for  call. 

In  re  Remington  Auto  &  Motor  Co.  (C.  C.  A.  2d  Cir.),  18  Am.  B.  R.  389;  153  Fed. 
345;   82  C.  C.  A.  421;   aff'g,  s.  c,  15  Am.  B.  R.  214;    139    Fed.   766. 

In  re  Munger  Vehicle  Tire  Co.,  21  Am.  B.  R.  395;   168  Fed.  910;  94  C.  C.  A.  314. 

Clevenger  v.  Moore  (Sup.  Ct.  N.  J.),  12  Am.  B.  R.  738. 

In  re  A.  G'oodman  Shoe  Co.,  3  Am.  B.  R.  200;  96  Fed.  949. 

See,  Firestone  Tire  &  Rubber  Co.,  etc.  v.  Agnew  (N.  Y.  Ct.  of  App.),  21  Am.  B.  R. 
292;    194  N.  Y.  165. 

Effect  of  order  for  assessment. 

In  re  M.  Stipp  Construction  Co.  (C.  C.  A.  3rd  Cir.),  34  Am.  B.  R.  333;  221  Fed.  372; 
137  C.  C.  A.  180. 

Right  of  trustee  to  bring  action. 

In  re  Remington  Automobile  and  Motor  Co.  (D.  C.  N.  Y.),  9  Am.  B.  R.  533;  119 
Fed.  441. 

Allen  V.  Grant,  Trustee  (Ga.  Sup.  Ct.).  14  Am.  B.  R.  349. 

Thrall  v.  Union  Maid  Tobacco  Co.  (O.  Com.  PL),  22  Am.  B.  R.  287. 


594  FORMS  IN  BANKRUPTCY. 

Skillin  V.  Magnus  (D.  C.  N.  Y.),  19  Am.  B.  R.  397;  162  Fed.  689. 

\\liere  corporation  has  no  right  to  enforce,  trustee  has  none. 

Sternbergh  v.  Duryea  Power  Co.  (C.  C.  A.  3rd  Cir.),  20  Am.  B.  R.  625;  161  Fed. 
540;  88  C.  C.  A.  482. 

When  plenary  proceedings  are  necessary,  Bankruptcy  Court  may  leave  the  question 
of  amount  due  by  stockholders  to  court  in  which  suit  is  brought. 

Babbitt  v.  Read  (C.  C.  N.  Y.),  23  Am.  B.  R.  254;  173  Fed.  712. 

Suit  must  be  of  a  plenary  character. 

Kiskadden  v.  Steinle  (C.  C.  A.  6th  Cir.),  29  Am.  B.  R.  346;  203  Fed.  375;  121  C.  C. 

A.  559. 

Liability  of  stockholders. 

Babbitt  v.  Read  (D.  C.  N.  Y.),  215  Fed.  395. 

Suit  not  maintainable  by  trustee  under  Minnesota  statute. 

Courtney  v.  Georger  (D.  C.  M.  Y.),  34  Am.  B.  R.  517;  221  Fed.  502;  affd,  36  Am. 

B.  R.  20;  228  Fed.  859. 

Subscription  agreement  limits  liability. 

Southworth  v.  Morgan,  205  N.  Y.  293. 

A  trustee  in  bankruptcy  cannot  maintain  an  action  under  N.  Y.  Stock  Corporation 
Law  against  stockholders  for  a  balance  of  the  par  value  of  stock  issued  as  full  paid  for 
property  purchased,  but  not  so  in  fact. 

In  re  The  .lassoy  Company  (C.  C.  A.  2d  Cir.).  23  Am.  B.  R.  622;   178  Fed.  515:   101 

C.  C.  A.  641;  disfg  In  re  Remington  Automobile  Co.,  18  Am.  B.  R.  389;   1.53  Fed.  345. 

Action  to  enforce  a  statutory  liability  of  stockholders  to  creditors  imposed  by  Sec. 
66  (N.  Y.  Cons.  Laws  1909,  Ch.  59). 

May  not  be  maintained  by  a  trustee  in  bankruptcy. 

Breck  v.  Brewster  (N,  Y.  App.  Div.),  31  Am.  B.  R.  842;  153  App.  Div.  (N.  Y.)  800; 
138  N.  Y.  Supp.  821. 


PART  XIV. 

WRITS   AND   INDICTMENTS. 

Form  No.  350.  Petition  for  Order  in  Nature  of  Xe  Exeat. 

351.  Order  in  Nature  of  Ne  Exeat. 

352.  Bond  on  Ne  Exeat. 

353.  Petition  for  Writ  of  Habeas  Corpus. 

354.  Writ  of  Habeas  Corpus. 

355.  Petition  for  Writ  of  Mandamus. 

356.  Indictment  for  Conspiracy  to  conceal  Property  from  Trustee. 

357.  Indictment  for  Perjury  in  Bankruptcy  Proceeding. 

FORM  No.  350. 

PETITION   FOR   ORDER  IN  NATURE  OF  NE  EXEAT. 

United  States  District  Court, 

District  of : 


In  the  Matter 

OP 


Bankrupt. 


To  the  United  States  District  Court, 

for  the s  District  of 4 .  .  : 

The  petition  of respectfully  shoAvs  and  alleges : 

1.  That  he  is  the  receiver  in  hankruptcy   (or  a  creditor  in  the  amount  of 
.$ )  of  the  above  named bankrupt. 

2.  That  on  the day  of ,  19 .  . ,  a  petition  in  bank- 
ruptcy was  filed  in  this  court  against  the  above  named  bankrupt  by , 

and creditors  and  on  said  day  petitioner 

(or   )   was  duly  appointed  receiver,  duly  qualified  and  is  now 

acting  as  such  receiver. 

3.  Xo  answer  has  been  filed  to  said  petition  by  said  bankrupt,  nor  have 
assets  of  any  substantial  value  come  into  the  possession  of  said  receiver. 

4.  That  the  said Itankrupt  has  lately  and  since  the  filing 

of  said  petition  in  bankruptcy  declared  in  the  presence  of  witnesses  as  appears 

I'V  the  affidavits  of and  severally  duly 

verified  hereto  attached  that  he  is  about  to  leave  this  jurisdiction  and  the 

[595] 


596  FORMS  IN  BANKRUPTCY. 

United  States  and  go  to  reside  in  foreign  parts  beyond  the  jurisdiction  of 
this  Court  and  your  petitioner  verily  believes  that  such  is  his  intention  and, 

if  the  said   shall  be  allowed  to  leave  and  depart  out  of 

the  district,  it  will  tend  to  impair,  impede  and  defeat  the  orders  and  decrees 
of  this  Court  and  enable  the  said  bankrupt  to  avoid  examination  herein  and 
result  in  great  loss  to  this  estate  and  militate  against  the  recovery  of  assets 
concealed  or  fraudulently  disposed  of  by  said  bankruj^t. 

5.  ISTo  previous  application  has  been  made  for  the  order  prayed  for  herein. 

AMierefore,  petitioner  prays  for  an  order  requiring  the  marshal  of  this  dis- 
trict forthwith  to  apprehend  and  take  into  his  custody  the  bankrupt  herein 
to  the  end  that  he  may  not  depart  from  the  jurisdiction  of  this  Court  and  for 
such  other  and  further  relief  as  may  be  just  and  proper. 


Petitioner. 
[Verification.] 


FORM  No.  351. 

ORDER  IN  NATURE  OF  NE  EXEAT. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banl-rupt. 


To  the  United  States  jMarshal  for District  of , 

or  ajiy  of  his  deputies : 
Whereas,  it  appears  to  the  satisfaction  of  the  District  Court  of  the  United 

States  for  the District  of ,  sitting  in 

bankruptcy,  on  the  petition  of ,  duly  verified,  and  the 

affidavits  of and ,  duly  verified  wherefrom  it 

appears  that  the  said  bankrupt  is  greatly  indebted  to  the  said  petitioners  and 
other  creditors,  and  that  he  has  disposed  of  all  of  his  property  for  the  purpose 
of  hindering,  delaying  and  defrauding  the  petitioners  and  other  creditors,  and 
is  about  to  leave  the  district,  and  the  jurisdiction  of  this  court   (to  avoid 


FORMS  IN  BANKRUPTCY.  597 

examination),  and  the  said  alleged  bankrupt  has  disposed  of,  removed  and 
concealed  all  of  his  property  with  intent  to  hinder,  delay  and  defraud  the 
petitioners  and  other  creditors  for  the  purpose  of  going  into  other  parts  beyond 
the  jurisdiction  of  this  court,  tending  to  the  great  prejudice  and  damage  of 
these  petitioners  and  the  creditors  of  the  said  bankrupt,  and  to  the  prejudice 
of  and  intending  to  impair,  impede  and  defeat  the  orders  and  decrees  of  this 

court  in  this  matter  of  and  concerning  the  person  and  property  of 

said  bankrupt. 

Now,  therefore,  in  order  to  prevent  this  injustice,  we  command  you  that  you 
do  without  delay  apprehend  and  take  into  custody said  bank- 
rupt, and  bring  him  forthwith  before  me  for  examination,  or  at  his  option, 

to  cause  him  to  give  sufficient  bail  or  security  in  the  sum  of 

dollars,  to  be  approved  by  this  court,  or  the  clerk  thereof,  that  he,  the  said 

will  not  depart  from  or  go,  or  attempt  to  depart  from  or  go 

beyond  the  territorial  jurisdiction  of  this  court  without  its  leave,  and  will  at  all 
times  and  in  all  manner,  respect  and  things,  obey  and  comply  with  the  lawful 
orders  and  decrees  of  the  Court  herein  for  his  examination,  which  shall  or  may 
be  made  on  behalf  of  the  said  petitioners  or  other  creditors  of  the  said 
bankrupt. 

Witness,  the  Honorable ,  Judge  of  the  District  Court  of  the 

United  States  sitting  in  the District  of ,  at 

the  Federal  Court  House ,  City  of , 

on  the day  of 19 . . 


D.J. 
NOTES. 

Order  in  nature  of  writ  of  ne  exeat. 

See  Act,  Sec.  9-b,  Sec.  2,  (15).     Compare  36  U.  S.  Stat,  at  L.  1162. 

CollitT   (10th  Ed.),  256,  257. 

Limitations  as  to  time,  important. 

Affidavits  of  two  persons  generally  considered  necessary. 

Bankrupt  may  move  for  release  or  furnish  bond. 

Not  limited  under  broad  powers  of  Sec.  2,  (15)  to  purposes  of  examination,  under 
which  section  the  application  is  usually  made. 

In  re  Cohen  (D.  C.  111.),  14  Am.  B.  R.  355;   126  Fed.  599. 

In  re  Lipke   (D.  C.  N.  Y.),  3  Am.  B.  R.  569;  98  Fed.  970. 

Curing  irregularity. 

In  re  Berkowitz  (D.  C.  N.  J.),  22  Am.  B.  R.  231. 

A  warrant  cannot  be  issued  under  tliis  subsection  solely  as  a  basis  for  extradition 
proceedings  in  another  district  to  bring  the  bankrupt  to  the  district  in  which  the  deten- 
tion warrant  has  been  issued. 

In  re  Ketchum  (C.  C.  A.  6th  Cir.),  5  Am.  B.  R.  532;  108  Fed.  35;  reported  as,  In 
re  Hassenbusch,  47  C.  C.  A.  177;  dist'g  In  re  Lipke  (supra). 

What  constitutes  waiver  of  examination. 

In  re  Lipke   (supra). 

Where  bankrupt  is  released  upon  giving  a  bond  conditioned  to  remain  constantly 
within  the  jurisdiction  of  the  court,  his  absence  therefrom  from  time  to  time  consti- 
tutes a  breach  of  the  bond. 


598  FORMS  IN  BANKRUPTCY. 

In  re  Appel  (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  890;  163  Fed.  1002;  90  C.  C.  A.  17: 
The  Bankruptc.v  Court  has  power  to  cancel  the  bond.     In  re  Appel  {supra}. 
As  to  sufficiency  of  affidavit  on  application. 
Hoffslaeger  Co.  v.  Young  Nap.,  12  Am.  B.  R.  510. 


FORM  No.  352. 

BOND  ON  NE  EXEAT. 

Know  all  men  by  these  presents :    That  we and 

Principals,  and  and sureties,  are  held  and  firmly 

bound  unto  the  People  of  the  United  States  of  America  in  the  sum  of 

( )  dollars,  lawful  money  of  the  United  States :  for  which  payment  well 

and  truly  to  be  made,  we  bind  ourselves  and  our  several  heirs,  executors  and 
administrators,  jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  the day  of ,  nineteen 

hundred  and   

"WTiereas  a  certain  proceeding  in  bankruptcy  was  duly  instituted  in  the 

district  court  of  the  United  States,  for  the district  of 

on  the day  of ,  19 .  . ,  by and 

praying  that  they  l)e  adjudicated  bankrupts;  and 

AMiereas  in  the  said  proceeding  upon  proof  made  to  the  satisfaction  of  the 

District  court  of  the  United  States  for  the district  of , 

a  writ  was  granted  by  the  Hon ,  Judge  of  said  court  in 

said  district,  commanding  the  United  States  marshal  in  and  for  the 

district  of to  apprehend  and  take  into  custody  the  said 

and and  to  require  each  of  them  to  give  bail 

in  sum  of (....)  dollars,  that  they  the  said 

and will  not  depart  or  go  or  attempt  to  go  or  depart  from  or 

beyond  the  jurisdiction  of  the  United  States  District  Court  for  the 

district  of in  bankruptcy,  without  the  leave  of  the  said  United 

States  District  Court  for  the district  of in 

bankruptcy,  first  had  and  obtained,  and  will  and  at  all  times  and  in  all 
matters,  respects  and  things,  promptly  and  punctually  obey  and  comply  with 
the  lawful  orders  and  decrees  of  the  said  court  which  shall  or  may  be  made 
in  the  said  proceedings  in  behalf  of  the  petitioner  and  other  creditors  of  the 

said and in  which  the  creditors  of 

the  said and shall  or  may  be  interested 

or  in  any  way  concerned  :  and 

Whereas  the  United  States  marshal  in  and  for  the district 

of ,  pursuant  to  the  said  ^mt,  did  apprehend  and  take 

into  custody  the  said and who  being  desirous 

of  giving  the  security  in  and  l)y  said  writ  required  for  the  performance  of  the 


FORMS  IN  BANKRUPTCY.  599 

lawful  orders  and  decrees  of  said  District  Court  of  the  United  States,  as  in 
said  writ  provided,  and  remaining  within  said  jurisdiction. 

Now,  tlieret'ore,  the  condition  of  this  obligation  is  such  that  if  the  bounden 

and   shall  not  depart  or  go  or  attempt  to 

go  or  depart  from  or  beyond  the  jurisdiction  of  the  United  States  District 

Court  for  the district  of in  bankruptcy, 

without  the  leave  of  the  said  court  first  had  and  obtained,  and  will  at  all  times 
and  in  all  matters,  respects  and  things  obey  and  comply  with  the  lawful  orders 

and  decrees  of  the  said  District  Court  of  the  United  States  for  the 

district  of in  bankruptcy,  whicli   shall  or 

may  be  made  in  the  said  proceeding  in  behalf  of  the  petitioners  and  other 
obligation  to  be  void :  otherwise  to  be  and  remain  in  full  force,  virtue  and 

creditors  of  the  said and ,  then  this 

effect. 

In  witness  whereof  we  have  hereunto  set  our  hands  and 

seals  this  day  of in 

the  year  nineteen  hundred  and   

[Signatures  and  seals.] 
In  presence  of: 


District  of ,  ss.: 

On  this day  of 19.  .,  before  me  personally  appeared 

the  foregoing  and  within  named and , 

to  me  known  and  known  to  me  to  be  the  individuals  descritied  in  and  v.lio 
executed  the  foregoing  undertaking  and  severally  duly  acknowledged  to 
me  that  they  executed  the  same. 


U.  S.  Commissioner. 
Approved  as  to  form  and  sufficiency. 


[Acknowledgment  by  Sureties.] 


600  FORMS  IN  BANKRUPTCY. 

FORM  No.  353. 

PETITION   FOR   WRIT   OF   HABEAS   CORPUS. 

United  States  District  Court, 
District  of : 


In  the  Matter 

OF 


the  Application  of for  a 

Writ  of  Habeas  Corpus. 


To  the  Honorable ,  Judge  of  the Court 

of  the  United  States  for  the district  of : 

,  your  petitioner,  respectfully  alleges  and  shows : 

I.  That  your  petitioner  is  a  citizen  of  the  United  States,  an  inhabitant  and 

citizen  of  the  State  of and  a  resident  of in  this 

district. 

II.  Your  petitioner  has  verified  and  filed  in  the  district  court  for  the 

district  of ,  a  petition  that  he  may  be  forthwith 

adjudged  a  voluntary  bankrupt,  upon  which  he  has  been  duly  adjudicated 

such  bankrupt  on  the day  of ,  19.  .,  and  the  proceeding- 

duly  referred  to ,  one  of  the  referees  in  bankruptcy. 

III.  Your  petitioner  is  and  since ,  19.  .,  has  been  actually 

confined  and  imprisoned  in  the  county  jail  of County  by 

the  Sherifl^  thereof,  under  and  by  authority  of  an  execu- 
tion against  his  person  for  the  amount  of  costs  obtained  against  him  by  one 

,  in  an  action  brought  by  your  petitioner  in  the 

Court  of  the  State  of ,  against  said ,  for  false 

imprisonment  and  other  wrongs  committed  by  said against  your 

petitioner ;  and  such  imprisonment  is  for  no  other  cause. 

IV.  That  the  claim  to  enforce  which  said  body  execution  was  issued,  is  one 
constituting  a  debt  dischargeable  in  bankruptcy. 

V.  That  it  is  impossible  for  your  petitioner  to  attend  at  the  meeting  of 
creditors  or  other  proceedings  before  said  referee  in  bankruptcy,  or  to  comply 
with  orders  in  bankruptcy  or  to  qualify  himself  by  such  compliance  for  his 
discharge  and  the  bankruptcy  law  will  be,  so  far  as  its  beneficial  provisions  are 
concerned,  as  to  him,  nullified,  if  his  imprisonment  shall  continue  during  the 
pendency  of  said  proceedings  in  bankruptcy. 

Wherefore,  your  petitioner  prays  that  a  writ  of  habeas  corpus  issue  directed 
to ,  sheriff  of County  as  aforesaid  or  to 


FORMS  IN  BANKRUPTCY.  601 

any  of  his  deputies  requiring  him  or  them  to  bring  and  have  your  petitioner 
before  this  court  at  a  time  to  be  by  it  determined  together  with  the  true  cause 
of  liis  detention  to  the  end  that  due  inquiry  may  be  had  in  the  premises,  and 
for  his  release  either  absolutel}',  or  during  the  pendency  of  said  bankruptcy 
proceedings,  and  upon  such  terms  as  may  be  proper  to  enable  your  petitioner 
to  comply  with  the  orders  in  bankruptcy  and  so  far  as  it  may  be  proper  to 
maintain  the  jurisdiction  of  said  district  court  in  bankruptcy.  And  your 
petitioner  will  ever  pray. 


Petit  ioner. 


itonieij  for  Petitioner. 


[Verification.] 

NOTES. 

Habeas  corpus. 

Sec.  9  (a). 

General  Orders  XII,  XXX.     [Annex  Order  of  Commitment.] 

When  bankrupt  entitled  to  writ. 

United  States  ex  rel.  Mansfield  v.  Flynn,  Siipt.,  etc.,  23  Am.  B.  R.  294. 

Does  not  warrant  a  release  from  custody  under  an  arrest  made  before  the  filing- 
of  the  bankruptcy  petition  except  in  certain  instances. 

In  re  Claiborne  (D.  C.  N.  Y.),  5  Am.  B.  R.  812;  109  Fed.  74. 

Otherwise,  if  detention  is  based  upon  a  contractual   obligation. 

People  ex  rel.  Taranto  v.  Erlanger   (D.  C.  N.  Y.),  1.3  Am.  B.  R.  197;   1.32  Fed.  S83. 

Bankrupt  entitled  to  release  from  imprisonment  when  detained  under  an  order  of 
the  Federal  court  made  after  adjudication  in  conversion  action. 

In  re  Wenman  (D.  C.  N.  Y.),  16  Am.  B.  R.  690;  153  Fed.  910. 

When  claim,  though  provable,  is  not  dischargeable,  the  writ  will  not  be  granted. 

In  re  Baker  (D.  C.  Kas.),  3  Am.  B.  R.  101;  96  Fed.  954. 

In  re  Marcus  (C.  C.  A.  1st  Cir.),  5  Am.  B.  R.  365;   105  Fed.  907;  45  C.  C.  A.  115. 

Contra.      In  re  Lewensohn    (D.  C.  N.  Y.),  3  Am.  B.  R.  594;   99  Fed.  73. 

In  re  Dresser  (D.  C.  N.  Y.),  10  Am.  B.  R.  270;   124  Fed.  915. 

In  re  Adler   (C.  C.  A.  2d  Cir.),  16  Am.  B.  R.  414;   144  Fed.  659;  75  C.  C.  A.  461. 
In  re  Hilton,  4  Am.  B.  R.  774;  104  Fed.  981. 

When  entitled  to  writ  from  allegations  of  pleadings. 

Barrett  v.  Prince   (C.  C.  A.  7th  Cir.),  16  Am.  B.  R.  64;   143  Fed.  302;   74  C.  C.  A. 
440. 

Pending  petition  to  review  an  order  denying  a  petition  to  revoke  a  discharge,  court 
may  restrain  the  arrest  of  bankrupt  based  upon  a  claim  within  Sec.  9-a. 

In  re  Chandler,  13  Am.  B.  R.  614;  135  Fed.  893. 

Application  may  be  made  to  either  State  or  Federal  court. 

United  States  ex  rel.  Scott  v.  McAleese  (C.  C.  A.  3d  Cir.),  1  Am.  B.  R.  650;  93  Fed. 
656;  35  C.  C.  A.  529. 

When   bankrupt   is   imprisoned  by   State   court   for  contempt,  writ  should  not  be 
granted. 

In  re  Fritz  (D.  C.  N.  Y.),  18  Am.  B.  R.  244;  152  Fed.  562. 

People  ox  rel.  Otterstedt  v.  Sheriff  of  Kings  Co.,  31  Am.  B.  R.  84;  206  Fed.  566. 

Also,  when  imprisoned  for  contempt  of  order  in  the  bankruptcy  proceedings. 


602  FORMS  IN  BANKRUPTCY. 

In  re  Alper,  19  Am.  B.  R.  612;   162  Fed.  207. 

Bankruptcy  Court  has  jurisdiction  to  punish  for  contempt  of  its  authority  and 
its  action  is  not  reviewable  by  Circuit  Court  upon  writ  of  habeas  corpus. 

Ex  parte  O'Neal,  11  Am.  B.  R.  196;  125  Fed.  967. 

In  re  Bick  (C.  C.  X.  Y.),  19  Am.  B.  R.  68;   155  Fed.  908. 

Bankrupt  arrested  under  a  judgment  for  breach  of  promise  to  marry,  entitled  to 
Avrit. 

In  re  Fife,  6  Am.  B.  R.  258;  109  Fed.  880. 

Judgment  in  action  for  assault  and  battery. 

Determination  as  to  whether  injury  was  wilful  and  malicious. 

United  States  ex  rel.  Kelley  v.  Peters  (D.  C.  111.).  22  Am.  B.  R.  177;  1G6  Fed.  013; 
rev'd,  177  Fed.  885. 

Imprisoned  upon  a  judgment  for  support  of  bastard  child,  not  entitled  ti)  writ. 

In  re  Baker,  3  Am.  B.  R.  101;  96  Fed.  954. 

District  Court  has  power  to  release  upon  habeas  corpus  bankrupt  under  arrest  in 
State  court  for  non-payment  of  alimony. 

Wagner  v.  United  States  and  Houston  (C.  C.  A.  6th  Cir.l.  4  Am.  B.  R.  596;  104 
Fed.  133;  43  C.  C.  A.  445. 

Habeas  corpus  ad  testificandum. 

Not  granted  by  Bankruptcy  Court  to  require  production  of  witness  for  e.xam'.nation, 
when  witness  is  confined  in  a  hospital  for  the  criminal  insane  in  anotlier  State. 

In  re  Thaw  (C.  C.  A.  3d  Cir.),  21  Am.  B.  R.  561;   166  Fed.  71;  91  C.  C.  A.  57. 

Arrest  may  be  held  to  apply  to  continued  detention  after  adjudication  of  a  person 
who  had  been  taken  into  custodj'  on  civil  process  prior  to  such  adjudication. 

Turgeon  v.  Emery   (D.  C.  Me.),  25  Am.  B.  R.  694;   182  Fed.  1016. 

An  order  committing  relator  for  contempt  granted  without  a  certificate  from  the 
referee  before  whom  the  contempt  was  committed  is  not  subject  to  collateral  attack  by 
l.abeas  corpus. 

Certificate  not  jurisdictional  but  merely  a  procedural  necessity. 

United  States  ex  rel.  Birnbaum  v.  Henkel  (C.  C.  X.  Y.l.  26  Am.  B.  R.  199;  185 
Fed.  553. 

Writ  does  not  review  the  regularity  of  tlie  order,  but  the  validity  of  the  commit- 
ment,    a.  c.   ( supra ) . 


FORM  No.  354. 

WRIT    OF   HABEAS    CORPUS. 

The  President  of  the  United  States  to ,  Esq.,  (United 

States  ^larshal  for  the district  of ,)  greeting : 

We  command  j'ou,  that  you  have  the  liody  of ,  hy  you 

imprisoned  and  detained,  as  it  is  said,  together  with  the  time  and  cause  of 
such  imprisonment  and  detention,  by  whatsoever  name  he  shall  be  called  or 

charged  before  the   court  of  the  United  States  in  and  for  the 

district  of in  the circuit,  on  the 

day  of ,  19 .  . ,  at  .  .  o'clock  in  the  ....  noon  of  that 

day,  to  do  and  receive  what  shall  then  and  there  be  considered  concerning  the 
said ;  and  have  you  then  there  this  writ. 


FORMS  IN  BANKRUPTCY.  603 

Witness  the  Honorable   United  States  District  Judge  for 

the district  of ,  the day  of , 

oiie  thousand,  nine  hundred  and 

[Seal.] 


Clerk  of  the   Court  of  the  United 

States  for  the District  of 

The  foregoing  writ  is  hereby  allowed.     The  petitioner  may  be  admitted  to 
bail  in  the  sum  of  $ pending  the  proceedings  thereon. 


V.  S.  Di'^trict  Judge. 


FORM  No.  355. 

PETITION  FOR  WRIT  OF  MANDAMUS. 

Supreme  Court  of  the  United  States. 


In  the  Matter 

OF 

the  Application  of   for  a 

Writ  of  Mandamus. 


To  the  Honoral)le ,  Chief  Justice  of  the  United  States,  and 

the  Associate  Justices  of  the  Supreme  Court  of  the  United  States : 

The  petition  of ,  a  citizen  and  resident  of  the  City  of 

,  State  of   respectfully  shows : 

I.  [Here  recite  fully  nature  of  proceeding  and  all  steps  taken  in  courts 
l)elow.] 

II.  [Recite  order  and  error  complained  of.] 

Wherefore,  your  petitioner  prays  that  a  rule  be  made  and  issue  from  this 

Honorable  Court,  directing  the  said to  show  cause,  why  a 

writ  of  mandamus  should  not  issue  commanding  the  said 

Court  (or  Judge)  to,  etc.  (Set  forth  relief  required),  or  for  such  other  and 
further  relief  as  to  this  Honorable  Court  may  seem  just  and  meet. 

And  your  petitioner  will  ever  pray,  etc. 


Attorn e;/  for  Petitioner, 
Address. 


Counsel. 
[Verification.] 


604  FORMS  IN  BANKRUPTCY. 

NOTES. 

Writ  of  mandamus  is  to  compel  the  performance  of  a  clear  legal  duty,  where  party 
aggi'ieved  has  no  other  adequate  remedy. 

When  lower  court  refuses  to  act  on  a  matter  properly  before  it,  mandamus  will  lie. 

When  fjranted. 

Requiring  district  judge  to  allow  appeal  from  order  refusing  confirmation  of  com- 
position. 

United  States  ex  rel.  Adler  v.  Hammond  (C,  C.  A.  6th  Cir.),  4  Am.  B.  R.  736;  104 
Fed.  862;  44  C.  C.  A.  229;  rev'g  4  Am,  B.  R.  583;  103  Fed.  444. 

When  application  for  writ  denied. 

In  re  Plaut,  Trustee,  21  Am.  B.  R.  929;  172  Fed.  1023;  96  C.  C.  A.  666. 

In  re  McCall  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  670;  145  Fed.  898;  76  C.  C.  A.  430. 

An  order  appointing  a  receiver. 

Edinburg  Coal  Co.  v.  Humphreys  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  593;  134  Fed. 
839;  67  C.  C.  A.  435. 

In  re  Saratoga  Gas  etc.  Co.,  21  Am.  B.  R.  592. 

Peremptory  writ  from  Circuit  Court  of  Appeals  to  district  judge  to  compel  compli- 
ance with  decision  of  Supreme  Court. 

Ex  parte  First  Nat.  Bank  of  Chicago  (U.  S.  Sup.),  19  Am.  B.  R.  542;  207  U.  S.  61; 
52  L.  Ed.  103;  rev'g  Ex  parte  Chicago  Title  &  Trust  Co.,  16  Am.  B.  R.  848;  146  Fed. 
742;  77  C.  C.  A.  408. 


FORM  No.  356. 

INDICTMENT     FOR     CONSPIRACY     TO     CONCEAL     PROPERTY     FROM! 

TRUSTEE. 

District  Court  of  the  United  States  of  America, 

for  the District  of  .  .  ., : 

At  a  Stated  Term  of  the  District  Court  of  the  United  States  of  America  for 

the District  of ,  begun  and  held  in  the  City 

of ,  within  and  for  the  District  aforesaid,  on  the 

of in  the  year  of  our  Lord  one  thousand  nine  hundred  and 

and  continued  by  adjournment  to  and  including  the 

day  of in  the  year  of  our  Lord  one  thousand  nine  hundred 

and 

District  of ,  ss.:  The  Grand  Jurors  of  the  United 

States  of  America  within  and  for  the  District  aforesaid,  on  their  oath  present 

that , , 

and ,  with  other  persons  to  the  jurors  unknown, 

late  of  the  City  of ,  County  of in  the  District 

aforesaid,  Yeomen  heretofore,  to  wit,  on  the day  of , 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and ,  at 

the   District  of ,  and  within  the  jurisdiction 

of  this  Court,  did  unlawfully  and  wilfully  conspire  to  commit  an  offence  against 
the  United  States,  in  and  by  corruptly  and  fraudulently  agreeing  together,  in 


FORMS  IN  BANKRUPTCY.  605 

anticipation  of  the  involuntary  bankruptcy  of  the ,  a  domestic 

corporation,  to  be  brought  about  and  accomplished  by  the  said , 

witli  the  knowledge  and  connivance  of  the  said  other  conspirators,  to  conceal 
from  the  trustee  in  bankruptcy  of  the  said  corporation,  to  be  thereafter 
appointed,  certain  property,  hereinafter  to  be  mentioned,  belonging  to  the 

estate  in  bankruptcy  of  the  said ,  it  being  then  and  there  a  part  of 

said  scheme  and  conspiracy  for  the  said ,  who  was  President 

and  General  Manager  of  the  business,  and  owner  of  a  majority  of  the  stock 
of  said  corporation,  with  the  knowledge  and  connivance  of  the  said  other 
conspirators,  to  cause  the  said  corporation  to  commit  acts  of  l)ankruptcy,  with 
a  view  to  force  the  filing  of  a  petition  in  bankruptcy  against  the  said  corpora- 
tion in  the  District  Court  of  the  United  States  in  and  for  the 

district  of :  it  being  then  and  there,  with  the  knowledge  and 

connivance  of  the  said  other  conspirators,  also  a  part  of  the  said  conspiracy  for 

the  said ,  as  President,  General  Manager  and  principal 

stockholder  of  said  corporation  as  aforesaid  to  make  no  opposition  to  the 
involuntary  bankruptcy  aforesaid,  and  to  consent,  without  answer,  to  an  adju- 
dication of  bankruptcy  against  the  said  corporation;  and  after  the  formation 

and  arrangement  of  the  said  conspiracy,  on  the day  of 

in  the  year  of  our  Lord  nineteen  hundred  and ,  a  petition  in 

involuntary  bankruptcy  against  the  said  corporation  was  filed  in  the  said 

court  by   ,   and   ,  creditors,  who  had  provable 

claims  against  the  said  alleged  bankrupt,  aggregating 

dollars  and cents :  and  among  other  things  in  said  petition  alleged  the 

insolvency  of  the  said  corporation  and  that  with  intent  to  hinder,  delay  and 

defraud  its  creditors,  the  said   had  transferred,  removed  and 

concealed  property  of  the  said  company,  of  the  value  of dollars : 

all  in  violation  of  the  ])ankruptcy  laws  of  the  United  States.  And  upon  the 
filing  of  the  said  petition  a  subpoena  was  duly  issued  by  the  said  court,  directed 
to  the  said  alleged  bankrupt,  requiring  a  personal  appearance  before  the  said 

court  to  answer  said  petition :  and,  on  the  same  day,   attorney 

of  the  alleged  bankrupt,  of  the  choosing  of  the  said ,  President, 

Manager  and  stockholder  of  said  corporation  as  aforesaid,  consented  in  writing 
to  the  entry  of  an  order  appointing  a  receiver  of  the  property  of  the  said  alleged 

bankrupt :  and  on  the  same  day,  at  the  instance  of  the  said ,  as 

such  President  and  Manager  of  the  said  corporation,  the  said  attorney  filed  in 
the  said  court  a  notice  of  appearance  as  attorney  of  the  said  alleged  bankrupt. 

And  on  the day  of ,  19 . . ,  at  the  instance  of  the  said 

,  President  and  Manager  as  aforesaid,  in  default  of  an  answer, 

the  said ,  was  declared  and  adjudged  a  bankrupt  by 

Honorable ,  Judge  of  the  said  District  Court,  having  law^ful 

authority  thereto. 

And  at  a  meeting  of  the  creditors  of  the  said  bankrupt,  held  on  the 

day  of of  the  same  year, ,  was  elected  and 


606  FORMS  IN  BANKRUPTCY. 

appointed  trustee  of  the  estate  of  the  said  bankrupt,  and  (duly)  qualified  as 
such  on  the  same  day. 

And  to  effect  the  object  of  the  said  conspiracy,  the  said ,  on 

the  said day  of in  the  year  last  aforesaid,  caused  and 

procured  the  removal  and  concealment  of the  property  of 

the  said  corporation,  which  said  removal  was  then  and  there  accomplished 
under  the  direction  of  said ,  an  employee  of  the  said  corpora- 
tion ; then  and  there  being  so  removed  from  the  premises 

of  the  said  corporation  at  Number Street,  in  said  City,  to 

in  the  said  City  and  said  County ;  and  on  the  same  day  the 

said at  the  instance  of  the  said ,  as  aforesaid, 

caused  and  procured  the  removal  from  the  premises  of  the  said  corporation  as 

aforesaid  the  said ,  and  their  conveyance  thence  to 

;  and  the  said ,  at  the  instance 

of  the  said ,  (who  signed  the  schedules  of  the 

property  of  said  bankrupt  in  behalf  of  said  corporation  by  the  name  of , 

Prest.,)  were  withheld  and  omitted  by  him  from  said  schedules,  which  Avere 

filed  in  said  court  on  the day  of in  the  said  year :  and 

the  oath  to  said  schedules  was  taken  by  the  said ,  as  President  as 

aforesaid,  on  the day  of in  the  year  last  aforesaid, 

before ,  Comm.  of  Deeds, ,  and  the  said  property  was 

never  turned  over  to  the  said  trustee,  but  was  concealed  from  him  by  the 

procurement  of  the  said   ,  with  the  knowledge,  consent  and 

connivance  of  the  said  other  conspirators. 

And  so  the  Grand  Jurors  aforesaid,  on  their  oaths  aforesaid,  do  say,  that 

, , , ,  and  the  said  divers  other 

persons  to  the  Grand  Jurors  unknown  in  manner  and  form  and  by  the  means 
aforesaid,  on  the day  of ,  in  the  year  of  our  Lord  nine- 
teen hundred  and ,  within  the  jurisdiction  aforesaid  and  con- 
tinuously thereafter,  did  unlawfully  and  wilfully  conspire  to  commit  an 
offence  against  the  United  States  in  and  by  the  concealment  from  the  trustee 

in  bankruptcy,  property  belonging  to  the  estate  in  bankruptcy  of  the 

,  a  domestic  corporation,  while  a  bankrupt;  against  the  peace  of 

the  United  States  and  their  dignity  and  contrary  to  the  form  of  the  statute 
of  the  United  States  in  such  case  made  and  provided. 

A  true  bill. 


Foreman. 


U.  S.  Attornetj. 


[From  United  States  v.  Cohn  et  al..  sustained  in  142  Fed.  983  and  157  Fed.  651.] 
[Statute  may  be  ('ite<l  at  end  of  text.] 


FORjVIS  in  bankruptcy.  607 

FORM  No.  357. 

INDICTMENT  FOR  PERJURY   IN  BANKRUPTCY  PROCEEDING. 

District  Court  of  the  United  States  of  America, 

for  the District  of : 

.\t  a  Stated  Term  of  District  Court  of 
the   United    States   of   America,   for   the 

District  of begun 

and  held  at within  and  for 

said  district  on  the  ....  day  of , 

in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and 

District  of ,  ss. : 

The  Grand  Jurors  of  the  United  States  of  America  within  and  for  the 

District  of ,  upon  their  oath,  present  that , 

of ,  in  said  district,  was  at  the  several  times  hereinafter  men- 
tioned, a  citizen  of  the  State  of ,  and  of  the  United  States  and 

resided  at ,  within  the  jurisdiction  of  this  Court. 

That   in  voluntary  bankruptcy  proceedings  in  the  District   Court  of  the 

United  States  for  the District  of ,  the  said 

was  on  the day  of . .  . ,  19 . . ,  duly  adju- 
dicated a  bankrupt  and  the  proceeding  duly  referred  to , 

Esq.,  one  of  the  referees  in  bankruptcy  for  said District  of 


That  on  the day  of ,  19  •  • ,  and  on  the day 

of ,  19 .  . ,  in  said  bankruptcy  proceeding,  the  said   

was  ordered  and  directed  by  the  said  referee  in  bankruptcy  to  testify  and  give 

evidence  in  said  proceeding  on  behalf  of  and  at  the  instance  of , 

his  trustee  in  bankruptcy,  duly  appointed  and  qualified.     That  thereupon  the 

said was  duly  sworn  in  said  proceeding  by  said  referee  having 

lawful  authority  thereto,  to  testify  and  depose  truly. 

That  the  said then  and  there,  on  the  dates  aforesaid 

falsely,  corruptly  and  wilfully  and  contrary  to  his  said  oath,  testified  as 
follows : 

[Here  insert  substance  of  testimony  -.vitli  exactness,  giving  folios  and  pages 
of  minutes  of  testimony.] 

That  the  said  testimony,  as  above  set  forth,  was  false  in  the  following 
particulars :   


That  the  said well  knew  at  the  time  of  Lnvinsr  said  testi- 

monv  that  the  same  was  false  in  material  matters  and  he  did  not  then  believe 


608  FORMS  IN  BANKRUPTCY. 

it  to  be  true  but  it  was  given  with  the  corrupt  purpose  on  his  part  of  concealing 
the  real  truth  in  the  premises. 

That  thereafter  on  the day  of ,  19 .  . ,  the 

did  read  over,  sign  and  swear  to  said  minutes  of  testimony  as  transcribed  in 
the  presence  of  the  said  referee  in  bankruptcy  in  said  proceeding. 

And  so  the  Grand  Jurors  aforesaid,  upon  their  oaths  aforesaid,  do  say  and 

present  that ,  as  aforesaid  in  the  State  and  District  of 

,  and  in  the  manner  and  form  aforesaid,  did,  on  the 

day  of ,  A.  D,  19.  .,  having  taken  an  oath  before  a  com- 
petent tribunal  aforesaid,  in  a  case  wherein  a  law  of  the  said  United  States 
authorized  an  oath  to  be  administered,  that  he  would  truly  depose  and  testify, 
wilfully  and  contrary  to  his  said  oath,  did  depose  and  state  material  matters 
which  he  did  not  then  believe  to  be  true  and  which  were  false  and  thereby  did 
commit  wilful  and  corrupt  perjury  against  the  peace  and  dignity  of  the 
United  States  and  contrary  to  the  form  of  the  statute  of  the  United  States 
in  such  case  made  and  provided. 


United  States  Attorney. 
A  true  bill. 


Foreman. 

NOTES. 
Indictment  for  concealment  of  assets  and  conspiracy. 
U.  S.  R.  S.  5440;  Crim.  Code,  Sec.  37;  Bankruptcy  Act,  29-b. 
United  States  v.  Comstock  et  al.  (C.  C.  R.  I.),  20  Am.  B.  R.  520;  161  Fed.  644. 
Colin  V.  United  States  (C.  C.  A.  2d  Cir.)),  19  Am.  B.  R.  8;  157  Fed.  651;  85  C.  C. 
A.  113;  afT'g  15  Am.  B.  R.  357;  142  Fed.  983. 

A  corporation  may  be  guilty  of  concealment  of  assets  while  a  bankrupt. 
United  States  v.  Young  &  Holland  Co.  (C.  C.  R.  I.),  22  Am.  B.  R.  484;  170  Fed.  110. 
United  States  v.  Freed  (C.  C.  N.  Y.),  25  Am.  B.  R.  89;   179  Fed.  236. 
United  States  v.  Rosenstein,  33  Am.  B.  R.  730;  211  Fed.  738. 

When  defective. 

The  omission  of  the  words  "  knowingly  and  fraudulently  "  or  an  equivalent  there- 
for from  an  indictment  charging  conspiracy  to  conceal  assets  from  trustee  of  bankrupt 
estate  in  violation  of  Sec.  29-b,  is  fatal  on  demurrer. 

United  States  v.  Comstock  et  al.  (C.  C.  R.  I.),  20  Am.  B.  R.  525;  162  Fed.  415. 
Also  s.  c.  20  Am.  B.  R.  .520;  161  Fed.  644. 

McNiel  v.  United  States  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  IS;  150  Fed.  82;  80  C. 
C.  A.  36. 

Because  persons  charged  were  not  officers  or  connected  with  the  bankrupt. 

United  States  v.  Waldman  (D.  C.  N.  Y.),  26  Am.  B.  R.  677;  188  Fed.  524. 

Indictment  for  conspiracy  under  Sec.  37,  Crim.  Code. 

Application  of  Statute  of  Limitations. 

Rabinowitz  et  al.  v.  United  States  (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  130;  222  Fed. 
846;  138  C.  C.  A.  272;  United  States  v.  Grodson  (D.  C.  111.),  21  Am.  B.  R.  68;  164  Fed. 
157. 

The  mode  of  alleged  concealment  of  property  from  trustee  is  immaterial  and  tieed 
not  be  set  forth  in  the  indictment. 

United   States  v.  Comstock,  20  Am.  B.  R.  .520;    161   Fed.   6 -'4. 


FORMS  IN  BANKRUPTCY.  609 

Continuance  of  concealment. 

United  States  v.  Stern  et  al.,  26  Am.  B.  R.  110;  186  Fed.  854;  aflf'd,  1&3  Fed.  888; 
114  C.  C.  A.  102. 

Barred  by  Statute  of  Limitations. 

Warren  v.  United  States  (C.  C.  A.  5th  Cir.),  29  Am.  B.  R.  555;  199  Fed.  753;  118 
C.  C.  A.  191. 

United  States  v.  Phillips,  27  Am.  B.  R.  625;  196  Fed.  574. 

An  indictment  under  Sec.  29-b  need  not  charge  that  the  defendant  bankrupt  at  the 
time  of  the  alleged  concealment  of  property  knew  that  a  trustee  had  been  appointed  or 
tiie  name  of  the  tmstee. 

United  States  v.  Comstock,  20  Am.  B.  R.  520;   161  Fed.  644. 

Who  may  be  indicted  for  conspiracy  to  conceal  assets. 

United  States  v.  Rhodes,  32  Am.  B.  R.  523;  212  Fed.  513. 

Indictment  of  president  of  bankrupt  corporation  for  aiding  and  abetting  bankrupt 
in  concealing  property  from  trustee  as  principal  under  Sec.  29-b  sustained. 

Compare  KaulTman  v.  United  States  (C.  C.  A.  2d  Cir.),  32  Am.  B.  R.  22;  212  Fed. 
613;   129  C.  C.  A.  149. 

Does  not  extend  to  officer  of  a  bankrupt  corporation.     Statute  strictly  construed. 

Field  V.  United  States  (C.  C.  A.  8th  Cir.),  14  Am.  B.  R.  507;  137  Fed.  6;  69  C.  C. 
A.  568. 

A  conviction  of  a  bankrupt  for  concealing  property  from  his  trustee  cannot  be  sus- 
tained without  an  adjudication. 

Gilbertson  v.  United  States  (C.  C.  A.  7th  Cir.),  22  Am.  B.  R.  32;  108  Fed.  672;  94 
C.  C.  A.  158. 

Indictment  for  concealment  of  property;  territorial  jurisdiction.  Gretsch  v. 
United  States  (C.  C.  A.  3d  Cir.),  36  Am.  B.  R.  571. 

In  an  indictment  against  a  bankrupt  and  others  for  conspiracy  to  conceal  assets 
from  his  trustee  in  bankruptcy,  an  averment  that  a  person  is  and  was  "  duly  "  appointed 
trustee  is  sufficient,  the  manner  of  the  appointment  being  an  incidental  matter  only  and 
not  a  vital  element  of  the  crime. 

Kerrch  v.  United  States  (C.  C.  A.  1st  Cir.),  22  Am.  B.  R,  544;  171  Fed.  366;  96 
C.  C.  A.  258. 

Nor  for  failure  to  allege  that  a  trustee  was  actually  appointed  in  view  of  certain 
other  allegations  relating  to  the  conspiracy. 

Radin  et  al.  v.  United  States  (C.  C.  A.  2d  Cir.),  25  Am.  B.  R.  640;  189  Fed.  568; 
111  C.  C.  A.  6. 

Compare  Cohn  v.  United  States   {supra). 

An  indictment  based  upon  illegal  use  of  a  bankrupt's  schedules  against  him  will  be 
dismissed. 

United  States  v.  Chambers  (C.  C.  N.  Y.),  13  Am.  B.  R.  708;  135  Fed.  1023. 

Cohen  v.  United  States  (C.  C.  A.  4th  Cir.),  22  Am.  B.  R.  333;  170  Fed.  715;  96  C. 
C.  A.  35. 

Johnson  v.  United  States  (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  724;  163  Fed.  30;  89 
C.  C.  A.  508. 

Johnson  v.  United  States  (C.  C.  A.  5th  Cir.),  158  Fed.  69;  85  C.  C.  A.  399. 

Alkon  v.  United  States  (C.  C.  A.  1st  Cir.),  22  Am.  B.  R.  489;  163  Fed.  810;  90  C. 
C.  A.  116. 

Use  of  testimony  given  in  bankruptcy  proceedings. 

Cameron  v.  United  States  (U.  S.  Sup.),  31  Am.  B.  R.  604;  231  U.  S.  710;  58  L.  Ed. 
448;  rev'g  27  Am.  B.  R.  657. 

Indictment  for  perjury. 

U.  S.  R.  S.,  5392,  5396,  Crim.  Code,  Sec.  125. 


610  FORMS  IN  BANKRUPTCY. 

An  indictment  for  perjury  may  be  predicated  upon  false  testimony  given  by  a  wit- 
ness before  a  special  commissioner  appointed  under  Sec.  21 -a  prior  to  bankrupt's  adjudi- 
cation. 

United  States  v.  Liberman,  23  Am.  B.  R.  734;  176  Fed.  161. 

Sufficiency. 

Kovoloff  V.  United  States  (C.  C.  A.  7th  Cir.),  28  Am.  B.  R.  767;  202  Fed.  475;  120 
C.  C.  A.  605. 

Daniels  v.  United  States  (C.  C.  A.  6th  Cir.),  27  Am.  B.  R.  790;  196  Fed.  459;  116 
C.  C.  A.  233. 

Oath  must  be  authorized  or  required  by  law  to  render  statute  applicable. 

United  States  v.  George,  228  U.  S.  14;  57  L.  Ed.  712. 

Perjury  and  false  swearing, 

Kohn  V.  United  States  (C.  C.  A.  2d  Cir.),  214  Fed.  54;  130  C.  C.  A.  494. 

When  indictment  charging  perjury  under  U.  S.  R.  S.  5392  defective. 

United  States  v.  Lake  (D.  C.  Ark.),  12  Am.  B.  R.  270;  129  Fed.  499. 

Bartlett  v.  United  States  (C.  C.  A.  9th  Cir.),  5  Am.  B.  R.  678;  106  Fed.  884;  46 
C.  C.  A.  19. 

United  States  v.  Brod,  23  Am.  B.  R.  740;  176  Fed.  165. 

When  it  fails  to  show  that  the  alleged  false  testimony  was  material  to  the  issue 
involved. 

United  States  v.  Rhodes,  32  Am.  B.  R.  528;  212  Fed.  518,  and  cases  cited. 

Conspiracy  to  give  false  oath. 

United  States  v.  Waldman   (D.  C.  N.  Y.),  26  Am.  B.  R.  677;   188  Fed.  524. 

Immunity  clause  of  Sec.  7   (9)  of  Act  no  bar  to  prosecution  for  perjury. 

Glickstein  v.  United  States  (U.  S.  Sup.),  27  Am.  B.  R.  786;  222  U.  S.  139;  56  L. 
Ed.  128. 

Daniels  v.  United  States  (C.  C.  A.  6th  Cir.),  27  Am.  B.  R.  790;  196  Fed.  459;  116 
C.  C.  A.  233. 

Edelstein  v.  United  States  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  649;  1^9  Fed.  636;  79 
C.  C.  A.  328;  certiorari  denied,  205  U.  S.  543;  51  L.  Ed.  922. 

The  taking  of  bankrupt's  books  by  the  receiver  and  their  use  before  the  grand  jury 
in  procuring  the  indictment  does  not  infringe  defendant's  constitutional  rights. 

United  States  v.  Halstead   (Ct.  of  App.  Dist.  of  Col.),  27  Am.  B.  R.  302. 

Nor  a  violation  of  the  Fifth  Amendment  to  the  Constitution  that  no  person  shall 
be  compelled  in  a  criminal  case  to  be  a  witness  against  himself,     s.  c.   (supra). 

Compare  Counselman  v.  Hitchcock,  142  U.  S.  547;   35  L.  Ed.  1110. 

Matter  of  Harris,  26  Am.  B.  R.  302;  221  U.  S.  274,  279;  55  L.  Ed.  732. 

Kerrch  v.  United  States  J€.  C.  A.  1st  Cir.),  22  Am.  B.  R.  544;  171  Fed.  366; 
96  C.  C.  A.  258. 

See  Johnson  v.  United  States  (C.  C.  A.  1st  Cir.),  20  Am.  B.  R.  724;  163  Fed.  30; 
89  C.  C.  A.  508. 

Use  of  bankrupt's  books  in  prosecuting  for  concealment  of  assets,  admissible. 

Johnson  v.  United  States  (U.  S.  Sup.),  30  Am.  B.  R.  14;  228  U.  S.  457;  57  L.  Ed. 
919,  and  footnote  of  cases. 

Subornation  of  perjury  in  bankruptcy  proceedings  coverod  by  Sec.  5393,  R.  S.  (Sec. 
126,  Penal  Code.) 

Epstein  v.  United  States  (C.  C.  A.  7th  Cir.),  196  Fed.  355;  116  C.  C.  A.  174. 

In  prosecution  in  State  court  under  indictment  charging  defendants  as  bankers  with 
having  violated  State  statute,  in  having  received  deposits  as  private  bankers  while 
insolvent,  the  schedules  in  bankruptcy  and  expert  accountant's  testimony  held 
admissible. 

Ensign  v.  Commonwealth  of  Penn.  (U.  S.  Sup.),  30  Am.  B.  R.  408;  227  U.  S.  592;  57 
L.  Ed.  658. 

[See,  Joyce  on  Indictments.     Atwell,  "Federal  Criminal  Law."] 


PART    XV. 

APPEALS,   PETITIONS  TO   REVIEW,  WRITS   OF 
ERROR,  CERTIORARI  AND  CERTIFICATES. 

Form  ^,'o.  358.  Petition  for  Appeal  to  Circuit  Court  of  Appeals  from  Order  Denying 
a  Discharge  and  Order  allowing  !Same. 

359.  Citation  on  Appeal. 

360.  Assignment  of  Errors. 

361.  Jiond  on  Appeal. 

362.  Is'otice  of  Filing  of  Bond  on  Appeal. 

363.  Stipulation  as  to  Record  on  Appeal. 

364.  Praecipe. 

365.  Stipulation  as  to  Praecipe. 

366.  Stipulation  as  to  the  Kecord. 

367.  Order  Filing  Kecord. 

368.  Certification  by  Clerk  of  Record  on  Appeal. 
369-.  Appearance  of  Counsel. 

370.  Order  Amending  Record  on  Appeal. 

371.  Order  Amending  Printed  Record  and  Directing  Printing  as  a  Part  of 

Original  Record. 

372.  Petition  to  Restore  Appeal  to  Calendar. 

373.  Order  for  Mandate. 

374.  Mandate. 

375.  Order  on  Mandate. 

376.  Decree  in  District  Court  after  Mandate  of  Reversal  in  Equity  Suit. 

377.  Petition  to  Review  under  Section  24-b. 

378.  >s'otice  of  Filing  Petition  to  Review. 

370.     Notice  of  Motion  for  Stay  Pending  Review. 

380.  Order    Staying    Proceedings    Pending    Petition    for    Review    under 

Sec.  24-b. 

381.  Petition  for  Appeal  from  a  Circuit  Court  of  Appeals  to  the  Supreme 

Court  of  the  United  States. 

382.  Order    Allowing   Appeal    from    a   Circuit    Court    of   Appeals    to    the 

Supreme  Court  of  the  United  States. 

383.  Petition   for   Writ  of   Error   from  the   Supreme   Court  to   a   Circuit 

Court  of  Appeals. 

384.  Writ  of   Error  from  the   Supreme  Court  of  the   United    States   to  a 

Circuit  Court  of  Appeals. 

385.  Petition  for  a  Writ  of  Certiorari  from  the  Supreme  Court  to  a   Cir- 

cuit Court  of  Appeals. 

386.  Notice  of  Application  to  the  Supreme  Court  for  Writ  of  Certiorari. 

387.  Motion  for  Writ  of  Certiorari  from  the  Supreme  Court  to  a  Circuit 

Court  of  Appeals. 

388.  W^rit  of  Certiorari   from  the   Supreme   Court   to  a    Circuit  Court   of 

Appeals. 

389.  Certificate  of  Question  of  Jurisdiction  by  District  Court  to  S\ipreme 

Court. 
300.     Certificate    of    Question   of   Law    in    a   Bankruptcy    Proceedinpr    by    a 
Circuit  Court  of  Appeals  to  the  Supreme  Court. 
[6111 


612  FORMS  IN  BANKRUPTCY. 


FORM  No.  358. 

PETITION    FOR    APPEAL    TO    CIRCUIT     COURT    OF    APPEALS    FROM 
ORDER  DENYING  A  DISCHARGE  AND  ORDER  ALLOAVING  SAME. 


ITnited  States  District  Court, 

for  the District  of 

In  BankrujDtcy. 


In  the  Matter 

OF 


Bankrupi. 


To  the  Honorable   ,  District  Judge  of  the  United  States 

District  Court  for  tlie District  of : 

The  above  named  bankrupt  (your  petitioner)  conceiving  himself  aggrieved 

by  the  final  order  and  decree  entered  on  the  ....  day  of ,  19.  ., 

in  the  above  entitled  proceeding,  dismissing  the  petition  and  application  for 
discharge,  and  denying  the  said  bankrupt  a  discharge  in  bankruptcy  from  his 
de])ts,  does  hereby  petition  for  an  appeal  from  the  said  order  and  decree  to  the 

United  States  Circuit  Court  of  Appeals  for  the Circuit,  and 

prays  that  his  appeal  may  be  allowed  and  a  citation  granted,  directed  to 

and objecting 

creditors,  commanding  them  and  each  of  them  to  appear  before  the  United 

States  Circuit  Court  of  Appeals  for  the Circuit,  to  do  and 

receive  what  may  appertain  to  justice  to  be  done  in  the  premises,  and  that  a 
transcript  of  the  record,  proceedings  and  evidence  in  said  proceeding,  duly 
authenticated,  may  be  transmitted  to  the  United  States  Circuit  Court  of 
Appeals  for  the Circuit. 


The  foregoing  appeal  is  hereby  allowed. 
Dated  ,  19.. 


Banl-rupf. 
Solicitor  for  Banl:rupt. 


D.J. 

NOTES. 
Appeals  under  Sec.  24ra. 

"  Controversies  Arisinff  in  TJankniptcy  Procpedinfjs." 
Smith  V.  Means  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  433;  148  Fed.  89;  78  C.  C.  A.  10. 


FORMS  IN  BANKRUPTCY.  613 

Hinds  V.  Moore  (C.  C.  A.  6th  Cir.),  14  Am.  15.  R.  1;  134  Fed.  221;  67  C.  C.  A.  149. 

Doroshow  v.  Ott  (C.  C.  A.  3d  Cir.),  14  Am.  B.  R.  34;  134  Fed.  740;  67  C.  C.  A.  644. 

Hutchinson  v.  Otis,  10  Am.  B.  R.  135;   190  U.  S.  552;  47  L.  Ed.  1179. 

Burleigh  v.  Forman  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  74;  125  Fed.  217;  60  C.  C. 
A.  109;  In  re  First  Nat.  Bank  of  Canton  (C.  C.  A.  6th  Cir.),  14  Am.  B.  R.  480;  135 
Fed.  62;  67  C.  C.  A.  536. 

Liddon  &  Bro.  v.  Smith  (C.  C.  A.  5th  Cir.),  14  Am.  B.  R.  204;  135  Fed.  43;  67  C.  C. 
A.  517. 

Delta  Nat.  Bank  v.  Easterbrook  (C.  C.  A.  5th  Cir.),  13  Am.  B.  R.  338;  133  Fed. 
521;  67  C.  C.  A.  236;  writ  of  certiorari  denied,  200  U.  S.  620;  50  E.  Ed.  624. 

Mason  v.  Wolkowich  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  709;  150  Fed.  699;  80  C. 
C.  A.  435. 

McCarty  v.  Coffin  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  148;  150  Fed.  307;  80  C.  C. 
A.  195;  Security  Warehousing  Co.  v.  Hand,  19  Am.  B.  R.  291;  206  U.  S.  415;  51  L. 
Ed.  1117;  aff'g  16  Am.  B.  R.  49;  143  Fed.  32, 

In  re  Doran  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  760;   154  Fed.  467;  83  C.  C.  A.  265. 

A  proceeding  to  compel  a  purchaser  from  a  receiver  to  carry  out  his  contract. 

In  re  J.  Jungman,  Inc.  (C.  C.  A.  2d  Cir.),  26  Am.  B.  R.  401;  186  Fed.  302;  108  C. 
C.  A.  380. 

Order  in  so-called  "  Omnibus  proceeding  "  directing  the  distribution  of  proceeds  of 
sale  among  claimants  is  a  final  order  within  statute. 

In  re  Leavitt  &  G'rant  (C.  C.  A.  2d  Cir.),  33  Am.  B.  R.  62;  215  Fed.  898;  132  C.  C. 
A.  238. 

Review  of  judgment  determining  priorities  of  mortgages  and  mechanics'  liens. 

The  New  Hampshire  Savings  Bank  &  ano.  v.  Varner  &  ano.  (C.  C.  A.  8th  Cir.),  33 
Am.  B.  R.  1;  216  Fed.  721;  132  C.  C.  A.  631. 

Century  Savings  Bank  v.  Robert  Moody  &  Son  et  al.  (Matter  of  Hartzel)  (C.  C. 
A.  8th  Cir.),  31  Am.  B.  R.  586;  209  Fed.  775;  126  C.  C.  A.  499. 

Contest  over  distribution  of  fund  in  hands  of  trustee. 

Globe  Bank  &  Trust  Co.  v.  Martin  (U.  S.  Sup.),  .34  Am.  B.  R.  162;  236  U.  S.  288; 
59  L.  Ed.  583;  aff'g  29  Am.  B.  R.  935;  201  Fed.  31;   119  C.  C.  A.  363. 

Order  dismissing  petition  to  recover  property  from  trustee. 

Constad  &  Newman  v.  Buell  (In  re  Gold)  (C.  C.  A.  7th  Cir.),  31  Am.  B.  R.  18;  210 
Fed.  410;   127  C.  C.  A.  142. 

Plenary  suit  to  recover  funds  from  bankrupt's  wife. 

Kirkpatrick  v.  Harnesberger  (C.  C.  A.  5th  Cir.),  29  Am.  B.  R.  439;  199  Fed.  886; 
118  C.  C.  A.  334. 

When  conditional  vendor  intervenes  in  bankruptcy  proceeding,  asserting  title  and 
asking  possession  of  goods,  it  is  a  controversy  arising  under  24-a  of  Act,  and  is 
appealable. 

General  Order  XXXVI  does  not  apply. 

Baker  Ice  Machine  Co.  v.  Bailey,  Trustee  (C.  C.  A.  8th  Cir.),  31  Am.  B.  R.  513;  209 
Fed.  844;  126  C.  C.  A.  568. 

See  Hewitt  v.  Berlin  Machine  Works,  11  Am.  B.  R.  709;  194  U.  S.  296;  48  L.  Ed. 
986. 

Ivnapp  V.  Milwaukee  Trust  Co.,  30  Sup.  Ct.  Rep.  412;  216  U.  S.  545;  54  L.  Ed.  610. 

Houghton  V.  Burden,  30  Am.  B.  R.  16;  228  U.  S.  161;  57  L.  Ed.  780. 

An  order  removing  bankruptcy  proceeding  from  one  district  to  another  reviewable 
only  by  appeal. 

Kyle  Lumber  Co.  v.  Bush  (C.  C.  A.  5th  Cir.),  13  Am.  B.  R.  535;  133  Fed.  688;  66 
C.  C.  A.  592. 

A  decree  summarily  adjudicating  the  right  to  property  in  the  possession  of  a 
trustee  as  between  him  and  adverse  claimants. 


614  FORMS  IN  BANKEUPTCY. 

Mound  Mines  Co.  v.  Hawthorn  (C.  C.  A.  8th  Cir.),  23  Am.  B.  R.  242;  173  Fed.  882; 
97  C.  C.  A.  394. 

Order  directing  sale  of  property  free  and  clear  of  liens  and  determining  claims 
thereto  appealable  under  this  section. 

Thomas  v.  Woods  (C.  C.  A.  8th  Cir.),  23  Am.  B.  11.  132;  173  Fed.  585;  97  C.  C.  A. 
535. 

Order  of  District  Court  directing  an  attorney  to  account  and  pay  over  may  be  prop- 
erly reviewed  by  appeal. 

Haffenberg  v.  Chicago  Title  &  Trust  Co.  (In  re  Raphael)  (C.  C.  A.  7th  Cir.),  27 
Am.  B.  R.  708;  192  Fed.  874;  113  C.  C.  A.  198. 

Louisville  Trust  Co.  v.  Cominger  (U.  S.  Sup.),  7  Am.  B.  R.  421;  184  U.  S.  18;  46 
L.  Ed.  413. 

Reclamation  proceedings  —  when  case  will  be  considered  as  on  appeal.  Nauman 
Co.  V.  Bradshaw  (C.  C.  A.  8th  Cir.),  27  Am.  B.  R.  565;  193  Fed.  350;  113  C.  C.  A.  274. 

Review  of  judgment  in  plenary  suit  to  recover  a  preference  is  by  appeal. 

In  re  Hamilton  Automobile  Co.  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  163;  196  Fed.  856; 
117  C.  C.  A.  135. 

Order  declaring  trust  deed  not  a  lien. 

Rison  V.  Parham  (C.  C.  A.  4th  Cir.),  33  Am.  B.  R.  571;  219  Fed.  176;  134  C.  C. 
A.  550. 

Appeals  as  in  equity  cases.     Sec.  25  (a). 
General  Order  XXXVI,  (1). 

(1)  from  a  judgment  adjudging  or  refusing  to  adjudge  tlie  defendant  a  bankrupt. 

(2)  from  a  judgment  granting  or  denying  a  discharge. 

(3)  from  a  judgment  allowing  or  rejecting  a  debt  or  claim  of  five  hundred  dollars 
or  over. 

Jurisdiction. 

As  to  these  three  classes  of  judgments,  jurisdiction  by  appeal  exclusive. 

Cook  Inlet  Coal  Fields  Co.  v.  Caldwell  (C.  C.  A.  4th  Cir.),  17  Am.  B.  R.  135;  147 
Fed.  475;  78  C.  C.  A.  17. 

Davidson  &  Co.  v.  Friedman  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R.  489;  140  Fed.  853;  72 
C.  C.  A.  553. 

In  re  Kuffler  (C.  C.  A.  2d  Cir.),  11  Am.  B.  R.  469;   127  Fed.  125;  61  C.  C.  A.  259. 

First  National  Bank  of  Miles  City  v.  State  National  Bank  (C.  C.  A.  9th  Cir.),  12 
Am.  B.  R.  440;  131  Fed.  430;  65  C.  C.  A.  406. 

In  re  Good  (C.  €.  A.  8th  Cir.),  3  Am.  B.  iR.  605;  99  Fed.  389;  39  C.  C.  A.  581. 

•   (1)     Appeals  from  judgments  granting  or  refusing  adjudication. 

Taft  Co.  v.  Century  Savings  Bank  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  594;  141  Fed. 
369;  72  C.  C.  A.  671. 

Zugalla  V.  Mercantile  Agency  (C.  C.  A.  3d  Cir.),  16  Am.  B.  R.  67;  142  Fed.  927; 
74  C.  C.  A.  97. 

Cook  Inlet  Coal  Fields  Co.  v.  Caldwell  (supra). 

Compare  In  re  Neasmith  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  128;  147  Fed.  160;  77 
C.  C.  A.  402. 

An  order  refusing  to  vacate  and  set  aside  an 'adjudication  in  bankruptcy  is  not 
appealable  imder  Sec.  25-a. 

BR  Electric  etc.  Co.  v.  Aetna  Life  Ins.  Co.  (C.  C.  A.  8th  Cir.).  30  Am.  B.  R.  424; 
206  Fed.  885;   124  C.  C.  A.  545. 

An  order  dismissing  an  involuntary  petition  is  a  decree  refusing  to  adjudicate  a 
bankrupt  and  Is  ai)pealable. 

O'Brien  v.  Ely  (C.  C.  A.  5th  Cir.),  28  Am.  B.  R.  247;  195  Fed.  64:  115  C.  C.  A.  SO. 


FORMS  IN  BANKRUPTCY.  615 

Stevens  v.  Nave-McCord  Mercantile  Co.  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  609;  150 
Fed.  71 ;  80  C.  C.  A.  25. 

(2)  Judgment  granting  or  denying  a  discharge. 

An  order  of  the  District  Court  confirming  the  conclusions  of  and  adopting  "  as  the 
opinion,  conclusions  and  judgment  of  the  Court,"  the  report  of  the  special  master, 
recommending  that  specifications  of  objection  to  discharge  be  overruled  and  dismissed, 
is  not  an  order  granting  or  refusing  a  discharge,  and  an  appeal  therefrom  will  not  lie 
to  Circuit  Court  of  Appeals. 

Ragan,  Malone  &  Co.  v.  Cotton  &  Preston  (C.  C.  A.  5th  Cir.),  28  Am.  B.  R.  246; 
195  Fed.  69;   115  C.  C.  A.  576. 

Walter  Scott  &  Co.  v.  Wilson  (C.  C.  A.  7th  Cir.),  8  Am.  B.  R.  349;  115  Fed.  284; 
53  C.  C.  A.  76. 

A  judgment  confirming  or  rejecting  a  composition  is  a  judgment  granting  or 
refusing  a  discharge  and  is  therefore  reviewable  by  appeal. 

In  re  Friend  (C.  C.  A.  7th  Cir.),  13  Am.  B.  R.  595;  134  Fed.  778;  67  C.  C.  A.  500. 

In  re  Bay  State  Milling  Co.  (C.  C.  A.  2d  Cir.),  35  Am.  B.  R.  112;  223  Fed.  778;  139 
C.  C.  A.  598. 

United  States  ex  rel.  Adler  v.  Hammond  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  736;  104 
Fed.  862;  44  C.  C.  A.  229;  Ross  v.  Saunders  (C.  C.  A.  1st  Cir.),  5  Am.  B.  R.  350;  105 
Fed.  915;  45  C.  C.  A.  123. 

Where  referee  passed  upon  only  one  of  a  number  of  objections  filed  to  the  discharge 
of  a  bankrupt  which  he  sustained,  and  his  report  was  confirmed  by  District  Court  an 
appeal  from  the  order  denying  the  discharge  brings  such  objection  only  before  the 
appellate  court. 

Vehon  v.  Ullman  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  435;  147  Fed.  694;  78  C.  C. 
A.  82. 

Order  dismissing  an  application  for  discharge  for  want  of  prosecution  appealable 
under  this  section. 

In  re  Kuffller  (C.  C.  A.  2d  Cir.),  11  Am.  B.  R.  469;  127  Fed.  125;  61  C.  C.  A.  259; 
In  re  Semons  (C.  C.  A.  2d  Cir.),  15  Am.  B.  R.  822;  140  Fed.  989;  72  C.  C.  A.  683. 

(3)  Judgments  allowing  or  rejecting  debt  or  claim  of  $500  or  over. 

In  re  Dickson  (C.  C.  A.  1st  Cir.),  7  Am.  B.  R.  186;  111  Fed.  726;  49  C.  C.  A.  574. 
In  re  Groetzinger   (C.  C.  A.  3d  Cir.),  11  Am.  B.  R.  467;   127  Fed.  124;  62  C.  C.  A.  124. 

Postlethwaite,  Trustee,  etc.  v.  Hicks  (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  70;  165  Fed. 
897;  91  C.  C.  A.  575. 

In  re  Mueller,  Trustee,  etc.  (C.  C.  A.  6th  Cir.),  14  Am.  B.  R.  256;  135  Fed.  711;  68 
C.  C.  A.  349. 

Gray  v.  Grand  Forks  Mercantile  Co.  et  al.,  14  Am.  B.  R.  780;  138  Fed.  344;  70 
C.  C.  A.  634. 

Limited  to  money  demand. 

In  re  Whitener  (C.  C.  A.  5th  Cir.),  5  Am.  B.  R.  198;  105  Fed.  180;  44  C.  C.  A.  434. 

Includes  an  order  fixing  amount  due  on  a  secured  claim. 

In  re  Roche  (C.  C.  A.  5th  Cir.),  4  Am.  B.  R.  369;  101  Fed.  956;  42  C.  C.  A.  115. 

Adams  v.  Deckers  Valley  Lumber  Co.  (C  C  A.  4th  Cir.),  29  Am.  B.  R.  42;  202  Fed. 
48;   120  C.  C.  A.  302. 

In  re  Loving  (U.  S.  Sup.),  27  Am.  B.  R.  852;  224  U.  S.  183;  56  L.  Ed.  725. 

Review  of  judgment  disallowing  claim  of  $500  or  over  as  a  secured  claim. 

Grainger  &  Co.  v.  Riley  (C.  C.  A.  6th  Cir.),  29  Am.  B.  R.  114;  201  Fed.  901;  120 
C.  C.  A.  415. 

Bell  v.  Arledge  (C.  C.  A.  5th  Cir.),  27  Am.  B.  R.  773;  192  Fed.  837;  113  C.  C.  A. 
161. 

Kiskadden  v.  Steinle  (C.  C.  A.  6th  Cir.),  29  Am.  B.  R.  346;  203  Fed.  375;  121 
C.  C.  A.  559. 


616  FORMS  IN  BANKEUPTCY. 

From  judgment  rejecting  claim  governed  by  rules  in  equity  appeals,  except  as  to 
the  time  within  which  same  are  to  be  taken,  and  the  citation  and  bond  are  not  juris- 
dictional requisites. 

In  re  Quality  Shop  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  854;  20-2  Fed.  196;  120  C.  C. 
A.  410. 

In  re  T.  E.  Hifl  Co.  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  517;  148  Fed.  832;  78  C.  C. 
A.  522. 

Review  of  order  disallowing  claim  to  a  mechanic's  lien  is  under  25-a. 

In  re  Streator  Metal  Stamping  Co.  (C.  C.  A.  7th  Cir.),  30  Am.  B.  R.  55;  205 
Fed.  280;  123  C.  C.  A.  444, 

A  ruling  made  in  the  course  of  a  trial  as  to  the  issues  on  a  contested  bankruptcy 
proceeding  as  to  whether  or  not  the  petitioning  creditors  held  "  provable  "  claims,  is 
not  a  judgment  allowing  or  rejecting  a  debt  or  claim  within  the  meaning  of  Sec.  25-a. 
Xor  is  the  decision  of  the  Court  of  Appeals  upon  such  a  ruling  a  '"  final  "  decision 
under  25-b. 

J.  W.  Calnan  Co.  v.  Doherty  (U.  S.  Sup.),  27  Am.  B.  R.  880;  224  U.  S.  145;  56  L. 
Ed.  702. 

Duryea  Power  Co.  v.  Sternbergh,  25  Am.  B.  R.  66;  218  U.  S.  299,  300;  54  L.  Ed. 
1047. 

What  not  appealable. 

An  appeal  will  not  lie  under  this  section  from  an  order  sustaining  a  demurrer  to  a 
petition  to  vacate  an  adjudication. 

In  re  Ives  (C.  C.  A.  6th  Cir.l,  7  Am.  B.  R.  692;  113  Fed.  911;  51  C.  C.  A.  541; 
aff'g  111  Fed.  495. 

Nor  from  an  order  requiring  a  trustee  to  account  for  rental  value  of  property, 
which  the  trustee  allowed  bankrupt  to  use  without  compensation. 

Bank  of  Clinton  v.  Kondert,  20  Am.  B.  R.   178;    159  Fed.   703;   86  C.  C.  A.  571. 

A  decree  rendered  upon  a  petition  asserting  a  lien  on  the  proceeds  of  a  sale  of  a 
stock  exchange  seat,  not  appealable  within  subdivision  3  of  25-a. 

Hutchinson  v.  Otis  (supra). 

An  order  refusing  to  vacate  an  adjudication  in  bankruptcy  not  appealable,  but 
reviewable  under  Sec.  24-b,  as  an  administrative  order. 

Brady  v.  Bernard  &  Kittinger  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  342;  170  Fed.  576; 
95  C.  C.  A.  656. 

An  order  directing  the  turning  over  of  property  or  money  by  a  third  person  to  a 
trustee,  not  reviewable  by  appeal. 

In  re  Rose  Shoe  Mfg.  Co.  (C.  C.  A.  2d  Cir.),  21  Am.  B.  R.  725;  168  Fed.  39;  93  C.  C. 
A.  461. 

A  claim  for  attorney's  fees  and  expenses  incurred  in  administration  of  estate,  or 
by  creditors  in  contesting  claims,  not  appealable. 

Ohio  Valley  Bank  Co.  v.  Switzer  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  689;  153  Fed. 
362;  82  C.  C.  A.  438. 

See,  Pratt  v.  Bothe  (C.  C.  A.  6th  Cir.),  12  Am.  B.  R.  529;  130  Fed.  670;  65  C.  C. 
A.  48. 

Xor  from  an  order  adjudging  appellant  a  member  of  a  partnt-rship,  which  has  been 
adjudged  a  bankrupt. 

Francis  v.  McNeal  (C.  C.  A.  3d  Cir.),  22  Am.  B.  R.  .337;  170  Fed.  445;  95  C.  C. 
A.  168. 

An  order  dismissing  a  petition  for  revocation  of  a  discharge,  not  appealable. 

Thompson  v.  Mauzy  (C.  C.  A.  4th  Cir.),  23  Am.  B.  R.  489;  174  Fed.  611;  98 
C.  C.  A.  457. 

An  interlocutory  order  of  referee,  not  appealable. 

Goodman  v.  Brenner,  6  Am.  B.  R.  470;  109  Fed.  481;  48  C.  C.  A.  516. 


FORMS  IN  BANKRUPTCY.  G17 

Discretionary  order. 

Order  rejecting  cliarges  against  a  receiver  for  expenses  incurred  looking  to  the 
care  or  preservation  of  the  bankrupt  estate  is  discretionary  and  no  appeal  lies  there- 
from under  the  Bankruptcy  Act. 

O'Brien  v.  Ely  (C.  C.  A.  5th  Cir.),  28  Am.  B,  R.  247;  195  Fed.  64;  115  C.  C.  A.  80. 

Facts  and  law  are  reviewable  on  appeal. 

Whole  case  open  to  review. 

Merchants'  JS'at.  Bank,  etc.  v.  Cole,  Adm.  (C.  C.  A.  6th  Cir.),  18  Am.  B.  P.  44;  149 
Fed.  708;  79  C.  C.  A.  414. 

Ross  v.  Stroh   (C.  C.  A.  3d  Cir.),  21  Am.  B.  R.  644;   165  Fed.  628;  91  C.  C.  A.  6l0. 

Appellate  court  will  not  interfere  with  findings  of  fact  unless  clearly  erroneous. 

In  re  Noyes  Bros.  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  506;  127  Fed.  286;  62  C.  C. 
A.  218. 

In  re  Lawrence  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  798;  134  Fed.  843;  67  C.  C.  A.  617. 

Dodge  v.  Xorlin  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  176;  133  Fed.  363;  66  C.  C. 
A.  425. 

Coder  v.  Arts   (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  513;   152  Fed.  943;  82  C.  C.  A.  91. 

But  if  judgment  is  entered  on  the  verdict  of  a  jury,  it  is  conclusive  as  to  facts. 

Elliott  V.  Toeppner,  9  Am.  B.  R.  50;  187  U.  S.  327;  47  L.  Ed.  200;  Bower  v. 
Holzworth  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  22;  138  Fed.  28;  70  C.  C.  A.  396. 

Houghton  V.  Burden  (U.  S.  Sup.),  30  Am.  B.  R.  16;  228  U.  S.  161;  57  L.  Ed.  780. 

Duryea  Power  Co.  v.  Sternbergh  (U.  S.  Sup.),  25  Am.  B.  R.  66;  218  U.  S.  299;  54 
L.  Ed.  1047. 

Right  of  appeal  absolute,  and  can  neither  be  enlarged  nor  restricted  by  District  or 
Appellate  Court. 

In  re  \Miitener  (C.  C.  A.  5th  Cir.),  5  Am.  B.  R.  198;  105  Fed.  180;  44  C.  C.  A.  434. 

Lockman  v.  Lang  (C.  C.  A.  8th  Cir.),  12  Am.  B.  R.  497,  501;  132  Fed.  1;  65  C.  C. 
A.  621. 

Even  though  question  of  jurisdiction  was  raised. 

Columbia  Iron  Works  v.  Nat.  Lead  Co.  (C.  C.  A.  6th  Cir.),  11  Am.  B.  R.  340; 
127  Fed.  99;  62  C.  C.  A.  99. 

First  Xat.  Bank  of  Denver  v.  Klug,  8  Am.  B.  R.  12;   186  U.  S.  202;  46  L.  Ed.  1127! 

Parties. 

Must  be  taken  by  party  aggrieved. 

All  parties  aggrieved  by  final  order  or  judgment  may  join  in  an  appeal,  although 
upon  different  grounds. 

Stevens  v.  JSlave-McCord  Mercantile  Co.   (supra). 

Crim  V.  Woodford  (C.  C.  A.  4th  Cir.),  14  Am.  B.  11.  302;  136  Fed.  34;  68  C.  C. 
A.  584. 

Where  creditors,  as  a  whole,  are  aggrieved,  trustee  should  appeal  as  their  rcj)re- 
eentative. 

Foreman  v.  Burleigh  (C.  C.  A.  1st  Cir.),  6  Am.  B.  R.  230;  109  P"ed.  313;  48  C.  C. 
A.  376. 

If  trustee  neglects  or  refuses,  court  may  direct  that  he  so  appeal,  or  may  permit 
creditor  to  do  so. 

Ohio  Valley  Bank  Co.  v.  Mack  et  al.  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  40;  163 
Fed.  155;  89  C.  C.  A.  605;  McDaniel  v.  Stroud  (C.  C.  A.  4th  Cir.),  5  Am.  B.  R.  685; 
106  Fed.  486;  45  C.  C.  A.  446;  Foreman  v.  Burleigh  (supra). 

Time  of  taking  appeal. 

Fixed  at  ten  days  for  appeals  taken  under  Sec.  25-a. 
When  District  Court  may  grant  reargument. 


618  FORMS  IN  BANKRUPTCY. 

In  re  Wright,  3  Am.  B.  R.  184;  96  Fed.  820:  s.  c.  on  appeal  sub  nom.,  In  re 
Worcester  Co.  (C.  C.  A.  1st  Cir.),  4  Am.  B.  R.  496;  102  Fed.  808;  42  C.  C.  A.  637.  In 
re  McCall  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  670;  145  Fed.  898;  76  C.  C.  A.  430. 

Postletlnvaite  v.  Hicks  (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  70;  165  Fed.  897;  91  C. 
C.  A.  575.     In  re  Billing,  17  Am.  B,  R.  80;   145  Fed.  395. 

See,  Mills  v.  J.  H.  Fisher  &  Co.  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  237;  159  Fed. 
897;  87  C.  C.  A.  77. 

Rehearing  for  purpose  of  reviving  right  of  appeal,  not  allowed. 

In  re  Girard  Glazed  Kid  Co.,  12  Am,  B.  R.  295;  129  Fed.  841.  In  re  Hudson  Cloth- 
ing Co.,  15  Am.  B.  R.  254;   140  Fed.  49. 

Rode  and  Horn  v.  Phipps  (C.  C.  A.  6th  Cir.),  27  Am.  B.  R.  827;  195  Fed.  414; 
115  C.  C.  A.  316. 

Conboy  v.  First  Nat.  Bank  of  N.  J.  (U.  JS.  Sup.),  16  Am.  B.  R.  773;  203  U.  S. 
141;  51  L.  Ed.  128. 

Morgan  v.  Benedum  (C.  C.  A.  4th  Cir.),  19  Am.  B.  R.  601;  157  Fed.  232;  84  C. 
C.  A.  675. 

West  V.  W.  A.  McLaughlin  &  Co.'s  Trustee  (C.  C.  A.  6th  Cir.),  20  Am.  B.  R.  654;  162 
Fed.  124;  89  C.  C.  A.  124. 

Nor  by  subsequent  entry  of  an  alias  adjudication. 

In  re  Berkebile  (C.  C.  A.  2d  Cir.),  16  Am.  B.  R.  277;  144  Fed.  577;  75  C.  C.  A.  333. 

Time  begins  to  run  from  actual  entry  of  order  or  judgment. 

In  re  McCall  (C.  C.  A.  6th  Cir.)    {supra). 

While  appeal  is  pending  District  Court  has  no  jurisdiction  to  act  upon  a  petition 
for  a  rehearing. 

First  Nat.  Bank  of  Miles  City  v.  State  Nat.  Bank,  12  Am.  B.  R.  440;  131  Fed. 
430;  65  C.  C.  A.  406. 

Limitation  does  not  affect  appeals  in  independent  suits  to  recover  assets. 

Boonville,  etc.  v.  Blakey  (C.  C.  A.  7th  Cir.).  6  Am.  B.  R.  13;  107  Fed.  891;  47 
C.  C.  A.  43. 

Steele  v.  Buel  (C.  C.  A.  8th  Cir.),  5  Am.  B.  R.  165:   104  Fed.  968;  44  C.  C.  A.  287. 

Stelling  V.  Jones  Lumber  Co.  (C.  C.  A.  7th  Cir.),  8  Am.  B.  R.  521;  116  Fed.  261; 
53  C.  C.  A.  81. 

May  not  be  extended. 

Rhame  v.  Southern  Cotton  Oil  Co.,  35  Am.  B.  R.  732. 

Practice  on  appeals. 

Conforms  to  other  appeals  in  equity  to  Circuit  Court  of  Appeals. 

In  re  Rohertshaw  Mfg.  Co.;  14  Am.  B.  R.  341 ;   135  Fed.  220. 

Instituted  by  petition,  assignment  of  errors  and  a  citation  to  opposite  party. 

Lockman  v.  Lang  (C.  C.  A.  8th  Cir.),  11  Am.  B.  R.  597;  128  Fed.  279;  62  C.  C. 
A.  550;  8.  c.  12  Am.  B.  R.  497;  132  Fed.  1;  65  C.  C.  A.  621. 

No  appeal  allowed  until  an  assignment  of  errors,  which  shall  set  out  separately 
and  particularly  each  error  asserted  and  intended  to  be  urged,  shall  have  been  filed  is 
rule  in  Circuit  Court  of  Appeals. 

Appeal  may  be  allowed  either  by  judge  in  lower  court  or  of  Court  of  Appeals. 

Sufficiency  of  record. 

Herman  Keck  Mfg.  Co.  v.  Lorsch  et  al.  (C.  C.  A.  6th  Cir.),  24  Am.  B.  R.  705;  184 
Fed.  987;  106  C.  C.  A.  665. 

Shaffer  v.  The  Koblegard  Co.  (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  898;  183  Fed.  71 :  105 
C.  C.  A.  363;  aff'g  In  re  Shaffer,  22  Am.  B.  R.  147;  169  Fed.  724. 

An  appeal  cannot  be  taken  to  Circuit  Court  of  Appeals  in  forma  pauperis  in  Si.Kth 
Circuit. 

Herman  Keck  Mfg.  Co.  v.  Lorsch  et  al.    (supra). 


FORMS  IN  BANKRUPTCY.  619 

In  re  Bradford's  Petition,  139  Fed.  518. 

Questions  raised  for  first  time  on  appeal,  not  to  be  considered. 

Arctic  Ice  Machine  Co.  v.  Armstrong  County  Trust  Co.   (C.  C.  A.  3d  Cir.),  27  Am. 

B.  R.  562;  192  Fed.  114;  112  C.  C.  A.  458. 

Position  of  intervening  creditors.  Cooney  v.  Dandridge  (In  re  Dandridge  &  ano.) 
(C.  C.  A.  7th  Cir.),  31  Am.  B.  R.  15;  209  Fed.  838;  126  C.  C.  A.  562. 

Practice  on  Appeals  to  Circuit  Court  of  Appeals. 

By  exception  of  Sec.  7,  Act  of  March  3,  1891,  providing  for  an  appeal  to  Circuit 
Court  of  Appeals  from  an  interlocutory  decree,  granting  or  continuing  an  injunction  or 
appointing  a  receiver,  the  appellate  court  is  authorized  to  review  the  whole  of  the  inter- 
locutory decree,  not  merely  the  part  granting  the  injunction  and  also  to  determine 
whether  there  was  any  insuperable  objection  in  point  of  jurisdiction  or  merits  to  the 
maintenance  of  the  suit,  and  if  so,  to  direct  a  final  decree  dismissing  the  bill. 

United  States  Fidelity  and  G.  Co.  v.  Bray  (U.  S.  Sup.),  28  Am.  B.  R.  207;  225  U.  S. 
205;  56  L.  Ed.  1055. 

What  order  held  interlocutory  and  not  appealable  to  Circuit  Court  of  Appeals. 

In  re  Strauss  (C.  C.  A.  2d  Cir.),  32  Am.  B.  R.  237;  211  Fed.  123;  127  C.  C.  A.  521. 

Supervision  fee  on  appeal  to  Circuit  Court  of  Appeals  abolished  by  Act  of  Feb. 
13,  1911. 

In  re  Burr  Mfg.  Co.  (C.  C.  A.  2d  Cir.),  33  Am.  B.  R.  61;  215  Fed.  898;  132  C.  C. 
A.  238. 

Rainey  v.  W.  R.  Grace  &  Co.,  231  U.  S.  703;  58  L.  Ed.  445.      . 

Limit  to  relief  granted. 

Spencer  v.  Lowe  (C.  C.  A.  8th  Cir.),  29  Am.  B.  R.  876;  198  Fed.  961;  117  C.  C. 
A.  497. 

In  appeals  taken  generally  under  Court  of  Appeals  Act,  findings  of  fact  and  con- 
clusions of  law  not  necessary. 

In  re  Martin  (C.  C.  A.  6th  Cir.),  29  Am.  B.  R.  935;  201  Fed.  31;  119  C.  C.  A.  363. 

Motion  to  dismiss  appeal. 

In  re  Alden  Electric  Co.   (C.  C.  A.  7th  Cir.),  10  Am.  B.  R.  370;   123  Fed.  415;  59 

C.  C.  A.  509. 

Failure  to  incorporate  any  evidence  in  record,  not  ground  for  dismissal  where  it 
does  not  appear  from  the  record  that  any  evidence  was  taken. 

C.  C.  Taft  Co.  V.  Century  Saving  Bank  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  594; 
141  Fed.  369;  72  C.  C.  A.  671. 

Reversal  and  dismissal  by  stipulation. 

In  re  Donnelly  (C.  C.  A.  6th  Cir.),  32  Am.  B.  R.  232;  211  Fed.  118;  128  C.  C.  A.  20. 


620  FORMS  IN  BANKRUPTCY. 

FORM  No.  359. 

CITATION  ON  APPEAIi. 

United  States  District  Court, 

for  the District  of 

In  Bankruptcy, 


In  the  Matter 

OP 


y  xo. 


Banl-rupt. 


United  States  of  America,  ss.: 

The  President  of  the  United  States  to , 

Greeting : 

You  and  each  of  you  are  hereby  cited  and  admonished  to  appear  in  the 

United  States  Circuit  Court  of  Appeals  for  the Circuit,  in  the 

City  of ,  on  the day  of ,  19 .  . ,  pursuant  to  the 

appeal  duly  obtained  and  filed  in  the  Clerk's  Office  of  the  District  Court  of  the 

United  States  for  the District  of ,  wherein 

you  as  objecting  creditors  are  appellees  ai^d ,  bankrupt, 

is  the  appellant,  to  show  cause,  if  any  there  be,  why  the  order  and  decree  in 
said  appeal  mentioned,  should  not  be  reversed  and  corrected,  and  why  speedy 
justice  should  not  be  done  to  the  parties  in  that  behalf,  and  to  do  and  receive 
that  may  appertain  to  justice  to  be  done  in  the  premises. 

Witness,  the  Honorable ,  United  States  Judge  for  the 

District  of ,  on  the day  of , 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and 


J. 

NOTES. 
Citation. 

U.  S.  R.  S.,  Sees.  998,  999. 
Jacobs  V.  George,  150  U.  S.  415;  37  L.  Ed.  1127. 

May  be  waived  in  some  cases. 

Lockman  v.  Lang  (C.  C.  A.  Sth  Cir.),  11  Am.  B.  R.  597;  128  Fed.  279;  62  C.  C. 
A.   550. 

In  re  Hill  Co.  (C.  C.  A.  7th  Cir.),  17  Am.  B.  R.  517;  148  Fed.  832;  78  C.  C.  A.  522. 

In  re  Quality  Shop  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  854;  202  Fed.  196;  120  C.  C. 
R.  410. 


FORMS  IN  BANKRUPTCY.  621 

Defects  in,  may  be  cured. 

Gray  v.  Grand  Forks,  etc.,  Mercantile  Co.  (C.  C.  A.  8tli  Cir.),  14  Am.  B.  R.  780; 
138  Fed.  344;  70  C.  C.  A.  634. 

Columbia  Iron  Works  v.  Nat.  Lead  Co.  (C.  C.  A.  6th  Cir.),  11  Am.  B.  R.  340;  127 
F'ed.  99;  62  C.  C.  A.  99. 


FORM  No.  360. 

ASSIGNMENT  OF  ERRORS. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Banlrupf. 


No. 


Now  comes ,  bankrupt  and  complainant,  and  files  the 

following  assignment  of  errors  on  f:ppeal  from  order  of  this  Court 
dated : 

First.  That  the  United  States  District  Court  for  the  Dis- 
trict of erred  in  finding  that  the  bankrupt  failed  to  apply  timely 

for  a  discharge  in  the  earlier  involuntary  proceeding  instituted  against  him. 

Second.  That  the  Court  erred  in  finding  that  such  alleged  failure  to  apply 
for  a  discharge  in  the  earlier  proceeding  rendered  the  question  of  the  right  of 
the  bankrupt  to  a  discharge  herein  from  his  debts  then  scheduled,  res 
adjiidicata. 

Third.  That  the  Court  erred  in  denying  a  discharge  herein  to  the  said 
bankrupt. 

Fourth.  That  the  Court  erred  in  failing  to  find  that  the  bankrupt  should  be 
granted  a  discharge  from  his  debts  unless  and  except  he  has  committed  an 
offense  or  performed  one  of  the  acts  specified  and  set  forth  in  Section  14  of  the 
United  States  Bankruptcy  Act,  and  the  amendments  thereto,  and  that  the 
Court  is  not  authorized  to  extend  the  provisions  of  that  section  and  refuse  a 
discharge  upon  any  other  grounds  than  those  therein  set  forth. 

Wherefore,  he  prays  that  said  order  may  be  reversed  and  his  discharge 
'^ranted. 

By 

Solicitor  for  Banl^rnpt. 


622  FORMS  IN  BANKRUPTCY. 

NOTES. 

Assignment  of  errors. 

Not  jurisdictional.     Lockman  v.  Lang  et  al.    (infra). 

On  appeal  should  be  specific;  but  amendment  may  be  permitted. 

Flickinger  v.  First  ^at.  Bank  of  Vandalia  (C  C  A.  6th  Cir.),  16  Am.  B.  R.  678; 
145  Fed.  162;  76  C.  C.  A.  132. 

Failure  to  file  under  Rule  XV  of  C.  C.  A. 

Bernard,  Trustee  v.  Lea  (C.  C.  A.  4th  Cir.),  31  Am.  B.  R.  436;  210  Fed.  583;  127 
C.  C.  A.  219. 

Filing  considered. 

Lockman  v.  Lang  et  al.,  12  Am.  B.  R.  497;   132  Fed.  1. 

And,  also,  s.  c.  11  Am.  B.  R.  597;   128  Fed.   279;   62  C.  C.  A.  550. 

Errors  not  specifically  assigned,  need  not  be  considered  by  appellate  court. 

Boonville  Js'at.  Bank,  etc.  v.  Blakey,  6  Am.  B.  R.  13;  107  Fed.  891;  47  C.  C.  A.  43. 
In  re  Gutterson,  14  Am.  B.  R.  495 ;  136  Fed.  698. 

Under  some  circumstances  an  assignment  of  errors  is  amendable. 

Flickinger  v.  First  Nat.  Bank  of  Vandalia  (supra). 

Long  V.  Farmers'  State  Bank  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  103;  147  Fed.  360; 
77  C.  C.  A.  538. 


FORM  No.  361. 

BOND  ON  APPEAIi. 


District  Court  of  the  United  States, 
District  of  . . . 


In  the  Matter 

OP 


Bankrupt. 


No. 


Know  all  men  by  these  presents: 

That  we,   as  principal,  and ,  as 

surety  are  held  and  firmly  bound  unto  the  above  named ., 

of ,  in  the  sum  of for  the  pay- 
ment of  which  well  and  truly  to  be  made  we  bind  ourselves,  our  and  each  of 
our  heirs,  representatives,  successors  and  assigns,  jointly  and  severally,  firmly 
by  these  presents. 

Sealed  with  our  seals,  and  dated  this day  of , 

19... 

Whereas,  the  above  named has  prosecuted  or  is  about  to 

prosecute  an  appeal  to  the  United  States  Circuit  Court  of  Appeals  for  tbo 


FORMS  IN  BANKRUPTCY.  623 

Circuit  to  reverse  the  final  decree  (or  order)  in  the 

above  entitled  proceeding  entered  in  the  office  of  the  clerk  of  the  United  States 

District  Court  for  the District  of ,  on  the  . . , 

day  of ,  19 .  . . 

Now,  therefore,  the  condition  of  this  obligation  is  such  that  if  the  above 

named   shall  prosecute  his  appeal  to  effect,  and  answer 

all  damages  and  costs  if  he  fails  to  make  said  appeal  good,  then  this  obligation 
shall  be  void,  otherwise  the  same  shall  be  and  remain  in  full  force  and  virtue. 
Signed,  Sealed  and  Delivered 

in  the  presence  of 

L.S. 


By 

Manager. 
Attest :    

Attorney-in-fact. 
Approved, 


U.  S.  District  Judge. 

NOTES. 


Bond  on  appeal. 

Bond  must,  on  perfection  of  appeal,  be  filed  and  approved. 

Williams  Bros.  v.  Savage  (C.  C.  A.  4th  Cir.),  9  Am.  B.  R.  720;  120  Fed.  497;  56 
C.  C.  A.  647. 

Dodge  V.  Knowles,  114  U.  S.  430;  29  L.  Ed.  144. 

Lockman  v.  Lang  et  al.,  12  Am.  B.  R.  497;  132  Fed.  1.  In  re  Barton's  Estate,  16 
Am.  B.  R.  Segt;   144  Fed.  540. 

\\Tien  trustee  need  not  file  (Sec.  25,  c). 

When  appeal  is  allowed  within  time  limit,  it  will  not  be  dismissed  because  of  a 
few  days'  delay  in  filing  the  bond. 

Columbia  Iron  Works  v.  Xat.  Lead  Co.  (C.  C.  A.  6th  Cir.),  11  Am.  B.  R.  340;  127 
Fed.  99;  62  C.  C.  A.  99.  In  re  T.  E.  Hill  Co.,  17  Am.  B.  R.  517;  148  Fed.  832;  78 
C.  C.  A.  522.  In  re  Quality  Shop  (C.  C.  A.  7th  Cir.),  29  Am.  B.  R.  854;  202  Fed.  196 
120  C.  C.  A.  410. 

Bond  on  appeal  from  order  of  adjudication  held  sufficient,  although  it  does  not 
run  to  all  the  petitioning  creditors. 

Fliekinger  v.  First  Nat.  Bank  (C.  C.  A.  6th  Cir.),  16  Am.  B.  R.  678;  145  Fed.  162; 
76  C.  C.  A.  132. 

Without  a  supersedeas,  appeal  does  not  suspend  the  execution  of  an  order  or  stop 
its  enforcement. 

In  re  Brady,  21  Am.  B.  R.  364;  169  Fed.  152. 


624 


FORMS  IN  BANKRUPTCY. 


FORM  No.  362. 


NOTICE    OF    FILING    OF    BOND    ON    APPEAIi. 


United  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


y  No. 


Hankrupt 


Sirs: 

Please  take  notice  that  the  bond  for  the  appeal  herein  has  been  this  day  filed 
in  the  office  of  the  clerk  of  the  District  Court  of  the  United  States,  for  the 

district  of   and  executed  and  given  by 

of and   of 

Yours,  etc.. 


Attorney  for 


To 


(Address.) 


Attorney  for 


Esq., 


FORMS  IN  BANKRUPTCY.  625 


FORM  No.  363. 


STIPULATION  AS   TO  RECORD   ON  APPEAL. 


United  States  Circuit  Court  of  Appeals, 
Circuit. 


In  the  Matter 

OF 


Jiankrupt. 


Whereas  in  the  above  entitled  proceeding  the  bankrupt, ,  did  on 

the day  of ,  19 •  .,  duly  file  in  the  District  Court  of  the  United 

States  for  the District  of ,  a  petition  for  appeal,  a  cita- 
tion and  assignment  of  errors,  which  said  appeal  was  allowed  by  order  of  tho 
District  Court  upon  said  day  (and  the  time  to  certify  the  record  having  been 
duly  extended,) 

Now,  therefore,  it  is  hereby  stipulated  that  the  record  to  be  certified  to  this 

Court  by  the  Clerk  of  the  United  States  District  Court  for  the 

District  of ,  on  said  appeal,  shall  consist  of  the  following: 

1.  Order  of  adjudication  and  Reference. 

2.  Petition  for  discharge  and  order  thereon. 

3.  Referee's  Certificate  thereon. 

4.  Notice  of  objection  to  discharge. 

5.  Opinion  denying  discharge. 

6.  Petition  for  appeal. 

7.  Citation. 

8.  Assignment  of  errors. 

9.  It  is  agreed  and  stipulated  as  follows: 


Dated, , ,19... 

5 

Attorney  for  Bankrupt- Appellant. 

5 

Attorneys  for  Creditors-Respondents. 


626  FORMS  IN  BANKRUPTCY. 

FORM  No.  364. 

PRAECIPE. 

United  States  District  Court, 

District  of 


In  the  Matter 

OP 


Bankrupt. 


To  the  Clerk    of  the  United  States  District  Court, 

for  the District  of ^  .  . .  .  : 

You  are  hereby  requested  to  make  a  transcript  of  record  to  be  filed  in  the 

United  States  Circuit  Court  of  Appeals  for Circuit  pursuant 

to  an  appeal,  allowed  in  the  above  entitled  proceeding,  and  to  include  in  such 
transcript  the  following: 

1.  Petition. 

2.  Answer. 

3.  Testimony,  narrative  form. 

4.  Exhibits. 

5.  Opinion  of  Court. 
G.  Decree,  or  order. 

7.  Petition  for  appeal. 

8.  Assignment  of  errors. 

9.  Citation  on  appeal.  .  f 

10.  Waiver. 

11.  Praecipe. 


Solicitor  for  ... 

Service  of  above  praecipe  admitted  this day  of 

19... 

Solicitor  for  . , 


FORMS  IN  BANKRUPTCY.  627 

FORM  No.  365. 

STIPULATION  AS  TO  PRAECIPE. 


U.  S.  Circuit  Court  of  Appeals, 

for  the Circuit. 


,  as  Trustee,  etc., 

Complainant- Appellee, 


against 


et  al., 

Defe  nda  n  ts-Appellan  ts. 


It  is  hereby  stipulated  and  agreed  that  compliance  with  each  and  every  of 
the  provisions  of  Rule  75  of  the  Rules  of  Practice  for  the  Courts  of  Equity 
of  the  United  States,  be  dispensed  with,  that  neither  the  appellants  nor  the 
appellee  shall  be  required  to  file  a  praecipe  as  set  forth  in  said  Rule.  That  the 
printing  of  the  bond  for  costs  heretofore  duly  given  and  filed  by  appellants  be 
dispensed  with  and  this  stipulation  be  i)rinted  in  lieu  thereof;  that  trustee's 

Exhibits  Xo and be  not  printed  in  full,  but  the 

abstract  thereof  as  herein  printed  be  printed  in  place  thereof,  and  that  either 
party  may  read  or  refer  to  same  or  any  part  thereof  upon  the  appeal  herein. 
Dated  ,  19... 


Solicitor  for  Complainant-Appellee. 
Solicitor  for  Defendants- Appellants. 


628 


FORMS  IN  BANKRUPTCY. 


FORM  No.  366. 

STIPTJIiATION  AS  TO  THE  RECORD. 


U.  S.  Circuit  Court  of  Appeals, 

for  the Circuit ; 


, ,  as  Trustee,  etc., 

Complainant- Appellee, 

against 


et  al., 

Defe  ndaii  ts-Appellan  ts. 


It  is  hereby  stipulated  and  agreed  that  the  foregoing  is  a  true  transcript 
of  the  record  of  said  District  Court  in  the  above  entitled  matter  as  agreed  on 
by  the  parties. 

Dated  ,  19.  .. 


Solicitor  for  Complainajit- Appellee. 
Solicitor  for  Defendants-Appellants. 


FORM  No.  367. 

ORDER   FILING  RECORD. 


U.  S.  Circuit  Court  of  Appeals, 

for  the Circuit 


, ,  as  Trustee,  etc. 

Complainant-Appellee, 

against 


et  al., 

Defendants- Appellants. 


On  the  above  stipulation,  dated 
all  the  parties  herein,  it  is  hereby 


.,  between  the  solicitors  for 


FORMS  IN  BANKRUPTCY.  629 

Ordered,  that  the  foregoing  printed  record  be  and  the  same  hereby  isj 
ordered  to  be  tiled  in  the  othce  of  the  clerk  of  this  Court,  in  lieu  of  the  record 
required  by  the  Kules. 

Dated  ,  19.  .  . 


FORM  No.  368. 

CERTIFICATION    BY    CLERK    OF    RECORD    ON    APPEAIi. 

United  States  of  America, 
District  of 


In  the  Matter 

OP 


Banlrupt. 


I, ^  Clerk  of  the  District  Court  of  the  United  States  of 

America  for  the District  of ,  do  hereby  certify  that  the 

foregoing  is  a  correct  transcript  of  the  record  of  the  said  District  Court  in  the 
above  entitled  matter  as  is  by  stipulation  hereto  annexed  agreed  upon  by  the 
parties. 

In  testimony  whereof,  I  have  caused  the  seal  of  the  said  court  to  be  here- 
unto affixed,  at  the  City  of ,  in  the District  of , 

this   day  of ,  in  the  year  of  our  Lord  one  thousand  nine 

hundred  and ,  and  of  the  Independence  of  the  said  United  States 

the  one  hundred  and 


[Seal.]  Cleric, 

NOTES. 
Record  on  appoal  consists  of  all  papers  in  the  case  as  certified  by  clerk. 

Certification  of  record. 

See,  Rule  No.  14,  Circuit  Court  of  Appeals. 

In  re  \Robertslia\v  iMfg.  Co.,  14  Am.  B.  R.  341 ;  13,5  Fed.  220.  Cook  Inlet  Coal 
Fields  Co.  v.  Caldwell  (C.  C.  A.  4th  Cir.),  17  Am.  B.  R.  135;  147  Fed.  475;  78  C.  C. 
A.  17. 

Devries  v.  Shanahan  (C.  C.  A.  4th  Cir.),  10  Am.  B.  R.  518;  122  Fed.  629;  58 
C.  C.  A.  482. 

Certification  must  be  by  clerk  of  District  Court. 

Cook  Inlet  Coal  Fields  Co.  v.  Caldwell    (supra). 


630 


FORMS  IN  BANKKUPTCY. 


Record  may  be  reduced  by  stipulation. 

In  re  Robertshaw  Mfg.  Co.  (supra). 

Cunningham  v.  German  Ins.  Bank  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  192;  103  Fed. 
932;  43  C.  C.  A.  377. 

Record  should  show  \\  hen  appeal  was  perfected. 

Williams  Bros.  v.  Savage  (C.  C  A.  4th  Cir.),  9  Am.  B.  R.  720;  120  Fed.  497;  56 
C.  C.  A.  647. 

When  record  is  incomplete  it  may  be  stricken  out,  but  remedy  is  by  certiorari. 

Flickinger  v.  First  Nat.  Bank,  16  Am.  B.  R.  678;  145  Fed.  162;  76  C.  C.  A.  132. 

Enlargement  of  time  to  file  transcript. 

In  re  Alden  Electric  Co.  (C.  C.  A.  7th  Cir.),  10  Am.  B.  R.  370;  123  Fed.  415;  59 
C.  C.  A.  509. 

In  re  National  Pressed  Brick  Co.  (C.  C.  A.  6th  Cir.),  32  Am.  B.  R.  224;  212  Fed. 
878;  129  C.  C.  A.  398. 


FORM  No.  369. 

APPEARANCE   OF    COUNSEL. 


United  States  Circuit  Court  of  Appeals, 
for  the Circuit : 


VS. 


\o 

- .  . .  .  Term. 


19, 


The  clerk  will  enter  my  appearance  as  Counsel  for  the 


[This  must  he  signed  by  a  member  of  the  Bar  of  this  Court.  Individual,  and 
not  firm  names,  must  be  signed.] 


FORMS  IN  BANKRUPTCY.  631 


FORM  No.  370. 

ORDER    AMENDING    RECORD    ON    APPEAL. 

At  a  Stated  Term  of  the  United  States  District 

Court  for  the District  of , 

held  at  the  United  States  Court  House,  in  the 
City  of  ,  on  the  day  of 

..." ,19.-. 

Present — Hon ,  District  Judge. 


In  the  Matter 

OF 


Hankrupt. 


No. 


A  motion  having  been  made  in  the  above-entitled  proceeding  for  an  order 
^\nionding  nunc  pro  tunc  the  record  on  appeal  herein   to  the  Circuit  Court  of 

Appeals  of  the  United  States  for  the Circuit,  upon  due  notice  to  the 

'Creditors-respondents  upon  said  appeal,  and  said  motion  having  come  on  to  be 
heard  and  no  one  appearing  in  opposition  thereto, 

Now,  upon  reading  and  filing  the  petition  of   ,  verified 

,  19.  .,  and  it  appearing  from  said  petition  that  certain  papeis 

on  file  in  this  court  in  the  matter  entitled  " ,  No ,"  were 

omitted  from  said  record  by  inadvertence  or  mistake. 

Now,  upon  motion  of ,  attorney  for  said  bankrupt-appellant, 

it  is 

Ordered,  that  the  record  on  appeal  herein  to  the  Circuit  Court  of  Appeals 

for  tiie Circuit,  as  certified  by  the  clerk  of  this  court, 

,  be  and  hereby  is  amended  nunc  pro  tunc  by  adding  to  said  record  the 

referee's  notice  of  first  meeting  of  creditors  in  the  proceeding  of , 

No ,  dated , ,  19.  .,  on  file  in  this  court  in  said  pro- 
ceeding, and  the  bankrupt's  petition  for  discharge  in  said  proceeding,  dismissed 

,  19.  .,  with  the  memorandum  of  the  clerk  of  this  court  endorsed 

thereon,  and  it  is  further 

Ordered,  that  the  clerk  of  this  court  certify  said  papers  to   the   United 

States  Circuit  Court  of  Appeals  for  the Circuit  as  a  part  of  the 

record  on  appeal  herein. 

D.  J. 


682 


FORMS  IN  BANKRUPTCY. 


FORM  No.  371. 

ORDEB    AMENDING    PRINTED    RECORD    AND    DIRECTING    PRINTING^ 
AS  A  PART  OF  ORIGINAL  RECORD. 

At  a  Stated  Term  of  the  United  States  Circuit 

Court  of  Appeals,  held  in  and  for  the 

Circuit,  at  the  United  States  Court  House  in 
the  City  of ,  on  the  ....  day  of  .  . . 

,  19... 

Present — Hon ,  P.  J. 

Hon ,  J. 

Hon ,  J. 


In  the  Matter 

OF 


Jiankrupt  Appellant. 


Upon  the  annexed  consents  of  the  parties  hereto  and  upon  motion  of  ...» 
,  attorney  for  the  appellant,  it  is 

Ordered,  that  the  supplemental  return  filed  herein ,  19. ., 

under  order  of  the  United  States  District  Court  for  the District  of 

,  dated ,  19 .  . ,  be  printed  as  a  part  of 

the  original  record  herein. 


We  hereby  consent  to  the  entry  of  the  above  order, 

•• f 

Attorneys  for  Creditors-Respondents. 

Attorney  for  Bankrupt- Appellant. 


FORMS  IN  BANKRUPTCY.  633 


FORM  No.  372. 


PETITION    TO     RESTORE    APPEAL.    TO    CALENDAR. 


United  States  Circuit  Court  of  Appeals, 
for  the Circuit. 


In  the  Matter 

OF 


Hankrupt  Appellant. 


To  the  Honorable  Judges  of  the  United  States  Circuit  Court  of  Appeals, 

for  the   Circuit : 

The  petition  of respectfully  alleges  and  shows: 

That  he  is  an  attorney-at-law,  practicing  in  this  court  and  is  attorney  for  the 

appellant  in  this  proceeding,  and  is  personally  acquainted  with  all  the  facts 

in  connection  therewith. 

That  on  the  ....  day  of  .  . .  .,  19.  .,  the  bankrupt  in  this  proceeding  feeling 
himself  aggrieved  by  a  final  order  and  decree,  entered  in  the  District  Court 

for  the District  of on  the  ....  day  of , 

19. .,  denying  him  a  discharge  from  his  debts  in  bankruptcy,  appealed  to  this 
court  and  on  said  day  the  appeal  was  duly  allowed.  That  this  case  was  pre- 
viously upon  the  calendar  of  this  court,  but  was  dismissed  with  leave  to  restore 
upon  the  printing  of  the  record  herein.  That  the  record  is  now  on  file  in  this 
court. 

No  previous  application  has  been  made  for  the  order  herein  prayed  for. 

Wherefore,  your  petitioner  prays  for  an  order  directing  the  Clerk  of  this 
Court  to  add  the  appeal  herein  to  the  present  calendar  of  this  court. 

J 

Petitioner. 

(Verification.) 


634 


FORMS  IN  BANKRUPTCY. 


FORM  No.  373. 

ORDER  FOR  MANDATE. 


At  a  Stated  Term  of  the  United  States 
Circ-uit  Court  of  Appeals,  in  and  for  the 

Circuit,  held  at  the  Court 

Rooms  in  the Building  in  the 

City  of ,  on  the , 

day  of   ,  one  thousand 

nine  hundred  and 


Present :  Hon. 
Hon. 
Hon. 
Hon. 


Circuit  Judges. 


the  District  Court  of  the  United  States  for  the 

District  of , 

This  cause  came  on  to  be  heard  on  the  transcript  of  record  from  the  District 

Court  of  the  United  States,  for  the District  of ,  and 

was  argued  by  counsel. 

On  consideration  whereof,  it  is  now  hereby  ordered,  adjudged  and  decreed 
that  the of  said  District  Court  be  and  it  hereby  is 


It  is  further  ordered  that  a  mandate  issue  to  the  said  District  Court  in 
accordance  with  this  decree. 


FORMS  IN  BANKRUPTCY.  635 

FORM  No.  374. 

MANDATE. 

United  States  of  America,  ss: 

The  President  of  the  United  States  of  America, 

To  the  Honorable,  the  Judge  of  the  District  Court  of  the  United  States 
for  the District  of 

Greeting : 

Whereas,  lately  in  the  District  Court  of  the  United  States  for  the 

District  of ,  before  you,  or  some  of  you,  in  a  cause  between 


as  by  the  inspection  of  the  transcript  of  the  record  of  the  said  Court  which 

was  brought  into  the  United  States  Circuit  Court  of  Appeals  for  the , . 

....  Circuit,  by  virtue  of agreeably  to  the  act  of  Congress, 

in  such  case  made  and  provided,  fully  and  at  large  appears. 

And  whereas,  in  the  present  term  of ,  in  the  year  of  our  Lord  one 

thousand  nine  hundred  and ,  the  said  cause  came  on  to  be  heard 

before  the  said  United  States  Circuit  Court  of  Appeals  for  the 

Circuit,  on  the  said  transcript  of  record,  and  was  argued  by  counsel :  On 
consideration  whereof,  it  is  hereby 

Ordered,   Adjudged  and  Decreed,    


You,  therefore,  are  hereby  commanded  that  such proceedings 

be  had  in  saifi  cause, ,  as  according  to  right  and 

justice,  and  the  laws  of  the  United  States,  ought  to  be  had,  the  said 

notwithstanding. 

Witness,  the  Honorable ,  Chief  Justice  of  the  United 

States,  the day  of in  the  year  of  our  Lord  one  thousand 

nine  hundred  and 

Costs   of    

Clerk    $ 

Certifying  record    ...      $ 

Printing   record    ....      $ 

Attorney    $ 


$. 


Clerl-  of  fhe  United  States  Circuit  Court  of  Appeals 

for  the Circuit. 


636 


FORMS  IN  BANKRUPTCY. 


Bill  of  Cotits  in  Second  Circuit. 

Costs  of in  No 

19     October    Term  —  DocketiDg    cause    and    filing    record,    $5.00 ;    entering 

appearance,  $0.25 ;  filing  papers,   ;  filing  motion,  $0.35 ; 

entering  order,  $0.25;  cost  of  certifying  record  $ »  ;  cost 

of  printing  record,  $ ;  filing  copies  printed  record,  $2.25 ; 

transfer  to  calendar,  $1.00;  filing  brief,  $5.00;  entering  order  for 
mandate,  $1.00;  taxing  costs,  and  copy,  $0.45;  issuing  mandate,  $5.00; 
attorney's  docket  fee,   $20.00 ;    


Test. 


Clerk  U.  S.  Circuit  Court  of  Appeals^ 
Second  Circuit. 


FORM  No.  375. 

ORDER    ON    MANDATE. 


Present : 
Hon. 


District  Judge. 


In  the  Matter 

OF 


Banl-rxipt. 


At  a  Stated  Term  of  the  District  Court 

of  the  United  States,  for  the 

District  of ,  held  at  the 

United  States  Court  House,  in  the  City 

of ,  on  the 

day  of ,  19. . . 


No. 


An  appeal  having  been  heretofore  taken  to  the  United  States  Circuit  Court 

of  Appeals  for  the Circuit,  by ,  a  creditor 

herein  from  an  order  made  in  the  District  Court  of  the  United  States  for  the 

District  of ,  on  the day  of ,  19-  •> 

allowing  the  claim  of  said  creditor  as  a  general  claim  for dollars 

($ )  and  the  said  appeal  having  been  duly  heard  by  said  court  and 


FORMS  IN  BANKRUPTCY. 


637 


said  court  having  affirmed  (or  reversed)  the  order  appealed  from  with  costs 

taxed  at  the  sum  of  $ aud  with  instructions  to  this  court  to  enter 

a  decree  in  conformity  with  the  opinion  of  said  Circuit  Court  of  Appeals  and 
the  mandate  of  the  said  Circuit  Court  of  Appeals  being  now  before  this  Court, 
now  on  motion  of ,  attorney  for ,  it  is  hereby 

Ordered  aud  adjudged,  that  the  mandate  of  the  Circuit  Court  of  Appeals  for 

the Circuit,  dated ,  19 ... ,  be  and  the  same 

hereby  is  made  the  order  and  judgment  of  this  Court ;  and  it  is  hereby 

Further  ordered,  that  said  order  of    be  and  the  same  is 

hereby  affirmed  (reversed  or  modified)  with  the  costs  of  said  appeal  taxed 
at  the  sum  of dollars  ($ ) ,  and  it  is  hereby 

Further  ordered  and  adjudged,  that have  judgment  against 

said   for  the  sum  of   dollars,   ($ ) 

costs  on  appeal  and  that  he  have  execution  therefor. 


D.J. 


FORM  No.  376. 

DECREE    IN    DISTRICT    COURT    ATTER    MANDATE    OF    REVERSAL    IN 

EQUITY   SUIT. 

At  a  Stated  Term  of  the  United  States 

District  Court  for  the 

District  of ,  held  at 

the  United   States   Court  House,   in   the 

,  City  of ,  on 

the day  of   , 

19... 
Present : 

Hon , 


District  Judge. 


,  as  Trustee 


in  Bankruptcy  of. 


against 


and 


Plaintiff, 


Defendants. 


This  cause  having  duly  come  on  to  be  heard  Ijefore  this  court  at  an  Equity 
Term  thereof,  held  at  the  United  States  Court,  in  the  City  of 


638  FORMS  IN  BANKRUPTCY. 

on  the (lay  of ,  19 . . .,  and  the  plaintiff  having 

appeared  upon  the  trial  by Esq.,  his  counsel,  and  the 

defendants, and ,  by   ,  Esq., 

their  solicitor  and  the  defendant . ,  by 

Esq.,  his  counsel,  and  the  parties  having  introduced  oral  and  documentary 
evidence,  and  having  been  argued  by  counsel -and  thereupon  the  court  upon 
consideration  thereof  having  made  and  filed  its  decision  and  a  decree  which 

were  duly  entered  in  the  office  of  the  clerk  of  this  court  on , 

19. . .,  and  the  defendants  having  thereafter  filed  assignments  of  error  in  this 
court  and  a  petition  for  appeal  to  the  United  States  Circuit  Court  of  Appeals 
for  the Circuit,  which  appeal  was  duly  allowed,  and  a  cita- 
tion having  thereupon  been  issued  by  the  said  United  States  Circuit  Court 
of  Appeals  to  the  plaintiff  citing  him  to  appear  upon  said  appeal,  and  due 
proceedings  having  been  had  in  the  said  court  upon  said  appeal  wherein  the 

said  United  States  Circuit  Court  of  Appeals  made  its  order  dated , 

19.  . .,  ordering  that  the  said  decree  be  reversed  and  with  instructions  to  this 
court  to  enter  a  decree  in  conformity  with  the  opinion  of  said  United  States 
Circuit  Court  of  Appeals,  and  the  mandate  of  said  United  States  Circuit 

Court  of  Appeals  having  been  duly  filed  in  this  court  on , 

19.  .  .,  and  an  order  having  been  made  thereon  by  this  court  on  the 

day  of   ,  19.  . .,  making  the  order  of  the  said  United  States 

Circuit  Court  of  Appeals  the  order  of  this  court,  N'ow,  therefore,  in  conformity 
with  the  opinion  of  the  said  ITnited  States  Circuit  Court  of  Appeals,  it  is 

Ordered,  adjudged  and  decreed,  etc. 
[Insert  substance  of  decree.] 


U.  S.  D.  J. 


FORM  No.  377. 

PETITION  TO  RX:vrE\(r  UNDER  SEC.  24-b. 


United  States  Circuit  Court  of  Appeals, 
for  the Circuit  of 


In  the  Matter 
OP 


Banl-rupi. 


>   Petition  to  review  in  Bankruptcy. 


To  tlio  Honorable  Judges  of  the  TTnited  States  Circuit  Court  of  Appeals,  for 
the Circuit. 


FORMS  IN  BANKRUPTCY.  639 

1.  Your  petitioner,   ,  appearing  by   his 

attorney   respectfully   represents  that  he  is  a  citizen  of  the  United   States 

and  resides  (or  has  his  principal  place  of  business)  in  the  City  of , 

State  of ,  and  claims  to  be  entitled  to  certain  chattels  now 

in  the  possession  of  the  trustee  of  the  above  named  bankrupt. 

2.  That  on  the day  of ,  19 . . . ,  the  said 

was  duly  adjudged  a  bankrupt  by  the  District  Court  of  the  United  States  for 

the District  of ,  and  thereafter 

was  duly  appointed  trustee  in  bankruptcy  and  duly  qualified,  and  is  still  acting 
as.  such  trustee. 

3.  That  heretofore  your  petitioner  duly  demanded  of  the  said  trustee  the 

return  to  him  of  the  aforesaid  chattels,  consisting  of  certain of 

the  value  of  about  $ ,  as  delivered  to  said  bankrupt  under  a  condi- 
tional bill  of  sale  and  that  the  title  to  said  property  has  always  been  and  still  is 

in  your  petitioner,  and  that  thereafter  an  application  was  made  before 

,  Esq.,  one  of  the  referees  in  bankruptcy  in  the  District  Court 

of  the  United  States,  for  the District  of to  compel 

the  return  of  the  said  chattels  to  your  petitioner,  which  application  was  denied 

by  an  order  entered  the day  of ,  19.  .,  and  dismissing  said 

reclamation  proceedings  together  with  $ costs.  A  certificate  of  review 

was  thereafter  duly  granted  to  the  said  District  Court  for  the 

district  of ,  by  the  said  referee,  upon  the  denial  of  the  said 

application,  and  that  on  or  about  the day  of ,  19 .  . ,  an 

order  was  duly  entered  by  the  said  District  Court,  in  all  respects  affirming  and 

approving  the  order  of  the  said ,  referee.  A  copy  of  said  order 

of  the  District  Court  is  hereto  annexed. 

That  said  order  was  and  is  erroneous  as  a  matter  of  law  in  that : 

1.  Your  petitioner  was  entitled  to  the  return  of  the  said  chattels. 

2.  That  the  Statutes  of  the  State  of ,  upon  which  the 

trustee  relied  to  defeat  the  claim  of  your  petitioner,  had  no  application  to  the 
facts  upon  which  your  petitioner  based  his  claim. 

3.  That  the  trustee  of  the  bankrupt  had  no  greater  rights  as  against  your 
petitioner  than  the  bankrupt  himself. 

Wherefore  your  petitioner  feeling  aggrieved  because  of  said  order,  prays  that 
the  same  may  be  revised  in  matter  of  law,  by  this  Honorable  Court,  as  pro- 
vided in  Section  24-l>  of  the  Bankruptcy  Act  and  the  rules  of  practice  in  such 
case  provided,  and  that  same  ])e  reversed,  and  for  such  other  and  further  relief 
as  may  lie  just  and  proper. 

Dated  ,  19... 

• J 

Petitioner. 
[Verification.] 


640  FORMS  IN  BANKRUPTCY. 

NOTES. 
What  reviewable. 

A  summary  proceeding  against  one  in  possession  of  assets  alleged  to  belong  to 
bankruptcy  estate,  is  a  proceeding  in  bankruptcy,  and  the  jurisdiction  of  C.  C.  A.  is 
confined  to  revision  of  the  decree  (U.  S.  Sup.). 

First  Nat.  Bank  of  Chicago  v.  Chicago  Title  and  Trust  Co.,  14  Am.  B.  R.  102; 
198  U.  S.  280;  49  L.  Ed.  1051. 

Schweer  v.  Brown  (U.  S.  Sup.),  12  Am.  B.  R.  673;  195  U.  S.  171;  49  L.  Ed.  144. 
In  re  Hecox  (C.  C.  A.  8th  Cir.),  21  Am.  B.  R.  314;   164  Fed.  823;  90  C.  C.  A.  627. 

Moore  v.  Green  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  648;  145  Fed.  480;  76  C.  C.  A. 
250.  In  re  McMahon  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  530;  147  Fed.  684;  77  C.  C.  A. 
668. 

As  to  dower  right. 

In  re  McKenzie  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  679;  142  Fed.  383;  73  C.  C.  A.  483. 
A  referee's  allowance  or  disallowance  of  a  claim  for  attorney's  fees  in  contesting 
claims  of  others,  is  reviewable  under  Sec.  24-b. 

Ohio  Valley  Bank  v.  Switzer  (C.  C.  A.  6th  Cir.),  18  Am.  B.  R.  689;  153  Fed.  362; 
82  C.  C.  A.  438. 

Claims  to  exemption  reviewable  by  petition  under  24-b. 

In  re  Youngstrom  (C.  C.  A.  8th  Cir.),  18  Am.  B.  R.  572;  153  Fed.  98;  82  C.  C. 
A.  232. 

Ingram  v.  Wilson  (C.  C.  A.  8th  Cir.),  11  Am.  B.  R.  192;  125  Fed.  913;  60  C.  C. 
A.  618. 

Ehincan  v.  Ferguson-McKinney  Co.  (C.  C.  A.  5th  Cir.),  18  Am.  B.  R.  155;  150  Fed. 
269;  80  C.  C.  A.  157. 

Order  for  distribution  of  proceeds  of  sale  of  real  estate,  reviewable  under  Sec. 
24-b. 

In  re  Groetzinger  &  Son,  11  Am.  B.  R.  467;  127  Fed.  124;  62  C.  C.  A.  124. 
Order  denying  right  of  partnership  creditors  to  participate  in  assets  of  an  individual 
])artner  reviewable  by  petition. 

Euclid  Nat.  Bank  v.  Union  Trust  Co.  (C.  C.  A.  4th  Cir.),  17  Am.  B.  R.  834;  149 
Fed.  975;  79  C.  C.  A.  485. 

Order  sustaining  demurrer  to  petition. 

In  re  Ives  (C.  C.  A.  6th  Cir.).  7  Am.  B.  R.  692;  113  Fed.  911;  51  C.  C.  A.  541. 
Order  vacating  an  adjudication. 

Brady  v.  Bernard  and  Kittinger  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  342;  170  Fed. 
576;  95  C.  C.  A.  656. 

When  order  was  discretionary,  not  usually  granted  except  for  gross  abuse  of 
discretion,  or  when  a  substantial  legal  right  has  been  invaded. 

Mulford  V.  Fourth  Street  Nat.  Bank  (C.  C.  A.  3d  Cir.).  19  Am.  B.  R.  742;  157 
Fed.  897;  85  C.  C.  A.  225. 

In  re  Alden,  30  Am.  B.  R.  48;  205  Fed.  145;  123  C.  C.  A.  377. 
In  re  Lesser   (C.  C.  A.  2d  Cir.)    {infra). 
In  re  Carley   (C.  C.  A.  3d  Cir.)    (infra). 

Not  usually  granted  where  the  rights  of  the  petitioning  party  were  not  affected  by 
the  order  complained  of. 

In   re   Madden    (C.   C.   A.),   6    Am.   B.   R.   614;    110    Fed.    348;    49    C.    C.   A.   83. 
Fisher  v.  Cushman   (C.  C.  A.   1st  Cir.),  4  Am.  B.  R.  646;    103  Fed.  860;   43  C.  C.  A. 
381.    In  re  Rosser  (C.  C.  A.  8th  Cir.),  4  Am.  B.  R.  153;  101   Fed.  562;  41  C.  C.  A.  497. 
Petition  should  be  addressed  to  the  judges  of  appellate  court,  and  after  allowance 
filed  with  clerk  of  said  court. 

An  order  sustaining  objections  to  a  trustee's  account,  reviewable  only  upon  petition 
to  review  under  Sec.  24-b. 


FORMS  IN  BANKRUPTCY.  641 

In  re  Moore  and  Bridgeman  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  651;  166  Fed.  689; 
92  C.  C.  A.  285. 

Order  determining  validity  of  claim  to  a  lien  upon  property  of  a  bankrupt  or  its 
proceeds. 

In  re  Lee,  25  Am.  B.  R.  436;    182  Fed.  579;    105  C.  C.  A.   117. 

^\^lere  question  as  to  validity  of  a  chattel  mortgage  is  one  of  law  only,  it  is 
properly  reviewable  under  this  section. 

In  re  Throckmorton  (C.  C.  A.  6th  Cir.),  28  Am.  B.  R.  487;  196  Fed.  656;  116  C. 
C.  A.  348. 

Decision  as  to  validity  of  bankrupt's  trust  deed. 

Ritchie  County  Bank  et  al.  v.  McFarland  (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  803;  183 
Fed.  715;   106  C.  C.  A.  153;  aff'g  (In  re  Elletson  Co.),  23  Am.  B.  R.  530  174  Fed.  859. 

See,  Morgan  v.  First  Nat.  Bank  (C.  C.  A.  4th  Cir.),  16  Am.  B.  R.  639;  145  Fed. 
468;  76  C.  C.  A.  236. 

Any  order,  judgment  or  judicial  action  in  a  bankruptcy  proceeding,  except  such  as 
are  appealable  under  Sec.  25-a. 

Petition  to  revise  brings  up  questions  of  law  only. 

EUiott  A'.  Toeppner,  9  Am.  B.  R.  50;  187  U.  S.  327;  47  L.  Ed.  200.  In  re  Blanchard 
Shingle  Co.  (Gaudette  v.  Graham)  (C.  C.  A.  9th  Cir.i.  21  Am.  B.  R.  142;  164  Fed.  311; 
90  €.  C.  A.  243.  Ross  et  al.  v.  Stroh  (C.  C.  A.  3d  Cir.),  21  .Am.  ,B.  R.  644;  165  Fed. 
628;  91  C.  C.  A.  616. 

In  re  Carley  (C.  C.  A.  3d  Cir.),  8  Am.  B.  R.  720:  117  Fed.  130:  55  C.  C.  A.  148. 
In  re  Lesser   (C.  C.  A.  2d  Cir.),  3  Am.  B.  R.  758;   99  Fed.  913:  40  C.  C.  A.   177. 

Mulford  V.  Foiu-th  St.  Nat.  Bank  (C.  C.  A.  3d  Cir.),  19  Am.  B.  R.  742;  157  Fed. 
897;  85  C.  C.  A.  225.  In  re  Rosser  (C.  C.  A.  Sth  dr.),  4  Am.  B.  R.  153;  101  Fed.  562; 
41  C.  C.  A.  497. 

In  re  Graessler  (C.  C.  A.  9th  Cir.),  18  Am.  B.  R.  094;  1.54  Fed.  478;  83  C.  C.  A.  304. 

Kenova  Loan  &  Trust  Co.  v.  Graham  (C.  C.  A.  4th  Cir.),  14  Am.  B.  R.  313;  135 
Fed.  717;  68  C.  C.  A.  355.  In  re  Eggert  (C.  C.  A.  7th  Cir.),  4  Am.  B.  R.  449;  102 
Fed.  735;  43  C.  C.  A.  1. 

Dickas  v.  Barnes  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R.  566;  140  Fed.  849;  72  C.  C.  A. 
201. 

Samel  v.  Dodd  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  163;  142  Fed.  6S;  73  C.  C.  A.  254. 

Hutchinson  v.  LeRoy  (C.  C.  A.  1st  Cir.),  8  Am.  B.  R.  20;  113  Fed.  202;  51  C.  C.  A. 
159. 

Ryan  v.  Hendricks  (C.  C.  A.  7th  Cir.),  21  Am.  B.  R.  570;  166  Fed.  94;  92  C.  C.  A.  78. 

Lesaius  v.  Goodman,  21  Am.  B.  R.  446;  165  Fed.  889;  91  C.  C.  A.  567. 

Mueller  v.  Nugent  (U.  S.  Sup.),  7  Am.  B.  R.  224;  184  U.  S.  1;  46  L.  Ed.  405. 

It  has  been  held  in  proper  cases  an  appeal  may  be  treated  as  a  petition  to  revise, 
when  only  questions  of  law  are  presented. 

In  re  Whitener  (C.  C.  A.  5th  Cir.),  5  Am.  B.  R.  198;  105  Fed.  180;  44  G.  C.  A. 
434.  In  re  Blanchard  Shingle  Co.  (supra).  Chesapeake  Shoe  Co.  v.  Seldner  C.  C.  A. 
4th  Cir.),  10  Am.  B.  R.  406;   122  Fed.  593;  58  C.  C.  A.  261. 

In  re  Blair  (C.  C.  A.  Sth  Cir.),  5  Am.  B.  R.  793;  106  Fed.  662;  45  C.  C.  A.  530. 
In  re  Jacobs  (C.  C.  A.  Sth  Cir.),  3  Am.  B.  R.  671;  99  Fed.  539;  39  C.  C.  A.  647. 

^\Tien  questions  of  both  fact  and  law  are  involved,  an  appeal  may  not  be  so  treated. 

Steiner  v.  Marshall  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  486;  140  Fed.  710;  72  C.  C. 
A.  103. 

Order  denying  application  to  have  adjudication  vacated  may  be  so  reviewed. 
Hart-Parr  Company  v.  Barkley  &  Patton   (C.  C  A.  8th  Cir.),  36  Am.  B.  R.  540. 

A  denial  of  a  motion  to  dismiss  a  bankrupt's  application  for  discharge  on  undis- 
puted facts  presents  a  question  of  law  reviewable  by  petition  to  revise  under  Sec.  24-b. 

Lindeke  v.  Converse  (C.  C.  A.  Sth  Cir.),  28  Am.  B.  R.  596;  198  Fed.  618;  117  C. 
C.  A.  322. 


642  FORMS  IN  BANKRUPTCY. 

Erroneous  retention  of  jurisdiction  in  a  "  turn  over  "  order. 

Shea  V.  Lewis  (C.  C.  A.  8t)i  Cir.),  30  Am.  B.  R.  436;  206  Fed.  877;  124  C.  C.  A.  537. 

■Validity  of  a  bankruptcy  sale. 

Schuler  v.  Hassinger  et  al.  (C.  C.  A.  otli  Cir.),  24  Am.  B.  R.  184;  177  Fed.  119;  100 
C.  C.  A.  539. 

Snow  V.  Dalton  (In  re  Eagle  Furniture  Co.)  (C.  C.  A.  4th  Cir.),  29  Am.  B.  240;  203 
Fed.  843;   122  C.  C.  A.  161. 

Order  directing  bankrupt  to  deliver  property  to  trustee. 

In  re  Shidlovsky  (C.  C.  A.  2d  Cir.),  34  Am.  B.  R.  861;  224  Fed.  450;  140  C.  C.  A. 
654. 

Erroneous  exercise  of  jurisdiction  by  District  Court  to  determine  claim  to  property. 

Gibbons  v.  Goldsmith  (C.  C.  A.  9th  Cir.),  35  Am.  B.  R.  40;  222  Fed.  826;  138  C.  C. 
A.  252. 

Order  refusing  lien. 

Huttig  Sash  &  Door  Co.  v.  Stitt  (C.  C.  A.  5th  Cir.),  33  Am.  B.  R.  251;  218  Fed. 
1;  133  C.  C.  A.  641. 

Interlocutory  orders  affecting  administration. 

In  re  Chotiner  (C.  C.  A.  3d  Cir.),  33  Am.  B.  R.  288;  218  Fed.  813;  134  C.  C.  A.  501; 
dismissing  petition  to  review,  s.  c.  32  Am.  B.  R.  760;  216  Fed.  916. 

Practice. 

When  record  insufficient  to  show  question  of  law  presented. 

Hegner  v.  American  Trust  &  Savings  Bank,  26  Am.  B.  R.  571;  187  Fed.  599;  109 
C.  C.  A.  429. 

Circuit  Court  of  Appeals  upon  petition  to  review  not  accompanied  either  by  a  tran- 
script of  the  record  and  proceedings  had  below  or  findings  of  fact,  will  not  consider  or 
pass  upon  the  regularity  or  validity  of  proceedings  of  a  sale  free  from  liens. 

In  re  Throckmorton  (C.  C.  A.  6tli  Cir.),  28  Am.  B.  R.  487;  196  Fed.  656;  110  C.  C. 
A.  348. 

In  re  Taft  (C.  C.  A.  6th  Cir.),  13  Am.  B.  R.  417;  133  Fed.  511;  66  C.  C.  A.  385. 

Where  Circuit  Court  of  Appeals  reverses  an  order  of  the  District  Court  and  remanus 
the  case  without  prejudice  to  such  further  proceedings  as  justice  may  demand,  s^.'ch 
order  cannot  be  amended  by  the  District  Court,  as  it  is  annulled  by  the  action  of  tlie 
apellate  court. 

In  re  Lesaius  (C.  C.  A.  3d  Cir.),  25  Am.  B.  R.  102;  181  Fed.  690;  104  C.  C.  A.  5SS. 

Findings  of  fact  by  master  not  reviewed. 

In  re  Caponigri  (C.  C.  A.  2d  Cir.),  25  Am.  B.  R.  509;  183  Fed.  307;  105  C.  C.  A.  519. 

Admission  of  facts  by  failure  to  respond  to  petition. 

Rule  39  of  C.  C.  A.  Rules. 

In  re  Frank  (C.  C.  A.  8th  Cir.),  25  Am.  B.  R.  486;   182  Fed.  794;   105  C.  C.  A.  220. 

What  may  be  considered. 

s.  c.    {supra). 

Appeals  under  Sec.  24-a  and  petition  to  review  under  Sec.  24-b. 
Either  right  may  be  invoked  in  proper  case. 

Dodge  v.  Norlin  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R.  176;  133  Fed.  363;  66  C.  C.  A. 
425.     In  re  Holmes   (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  689;   142  Fed.  391;   73  C.  C.  A. 

491. 

In  re  iVIcKenzie  (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  679;  142  Fed.  383;  73  C.  C.  A. 
483.  Taft  Co.  v.  Century  Savings  Bank  (C.  €.  A.  8th  Cir.),  15  Am.  B.  R.  594:  141  luvl. 
369;  72  C.  C.  A.  671.  In  re  Plymouth  Cordage  Co.  (C.  C.  A.  8th  Cir.),  13  Am.  B.  R. 
665;   135  Fed.  1000;  68  C.  C.  A.  434. 

[For  discussion  of  basis  of  distinction.  See  Collier  on  Bankruptcy  (10th  Ed.), 
pp.  521-528.] 


FORMS  IN  BANKRUPTCY.  643 

The  distinction  between,  "  controversies  arisinj;  in  bankruptcy  proceedings  "  appeal- 
able under  Sec.  24-a  of  the  Act  and  proceedings  in  bankruptcy  reviewable  under 
Sec.  24-b  is  clearly  defined,  and  the  remedies  afforded  by  the  two  sub- sections  are 
mutually  exclusive. 

Barnes  v.  Pauipel  (C.  C.  A.  6th  Cir.),  27  Am.  B.  R.  192;  192  Fed.  525;  113  C.  C. 
A.  81. 

Practice. 

Petitions  for  review  are  taken  in  the  Circuit  Court  of  Appeals  and  petition  filed 
there. 

Clerk  of  lower  court  prepares  record  at  expense  of  petitioner  and  certifies  to  Cir- 
cuit Court  of  Appeals  such  filed  papers  as  may  be  selected. 

In  re  Williams  (C.  C.  A.  1st  Cir.),  5  Am.  B.  R.  365;   105  Fed.  906;  45  C.  C.  A.  115. 

Courier  Journal  Job  Print  Co.  v.  Brew.  Co.  (C.  C.  A.  6th  Cir.),  4  Am.  B.  R.  183; 
101  Fed.  699;  41  C.  C.  A.  614. 

Party  aggrieved  may  file  petition. 

In  re  Jemison  Mercantile  Co.  (C.  C.  A.  5th  Cir.),  7  Am.  B.  R.  588;  112  Fed.  9C6; 
50  C.  C.  A.  641. 

No  answer  or  reply  need  be  filed  by  respondent. 

If  finding  of  fact  is  not  set  forth  clearly,  court  may  dismiss  the  petition. 

In  re  Boston  Dry  Goods  Co.  (C.  C.  A.  1st  Cir.),  11  Am.  B.  R.  97;  125  Fed.  226; 
60  C.  C.  A.  118. 

Rush  v.  Lake  (C.  C.  A.  9th  Cir.),  10  Am.  B.  R.  455;  122  Fed.  561;  58  C.  C.  A.  447; 
rev'g  111  Fed.  893. 

The  certified  record  should  show  the  manner  in  which  the  question  arose  and  its 
determination. 

In  re  Richards  (C.  C  A.  7th  Cir.),  3  Am.  B.  R.  145:  96  Fed.  935;  37  C.  C.  A. 
634.  In  re  Baker  (C.  C.  A.  1st  Cir.),  4  Am.  B.  R.  778;  104  Fed.  287;  43  C.  C.  A.  536. 
In  re  O'Connell    (infra). 

Cunningham  v.  German  Ins.  Bank,  4  Am.  B.  R.  192;   103  Fed.  932;  43  C.  C.  A.  377. 

Opinion  of  district  judge  reviewing  order  of  referee  and  not  specifically  made  a 
part  of  record,  not  a  substitute  for  findings  of  fact. 

Samel  v.  Dodd  (C.  C.  A.  5th  Cir.),  16  Am.  B.  R.  163;  142  Fed.  68;  73  C.  C.  A.  254. 

In  re  Pettingill  &  Co.    (infra). 

Sufficiency  of  petition. 

In  re  Witherbee  (United  Wireless  Telegraph  Co.)  (C.  C  A.  1st  Cir.),  30  Am.  B.  R 
314;  202  Fed.  896;  121  C.  C.  A.  254. 

Supervision  fee  abolished. 

In  re  Burr  Mfg.  Co.  (C.  C.  A.  2d  Cir.),  33  Am.  B.  R.  61 ;  215  Fed.  898;  132  C.  C.  A. 
238. 

Time  within  which  petition  should  be  filed. 

Not  limited  by  Act  or  General  Orders. 

In  absence  of  rule  by  Circuit  Court  of  Appeals,  within  a  reasonable  time. 

In  re  Good,  3  Am.  B.  R.  605;  99  Fed.  389;  39  C.  C.  A.  581. 

In  re  N.  Y.  Economical  Printing  Co.  (C.  C.  A.  2d  Cir.).  5  Am.  B.  R.  697;  106  Fed. 
839;  49  C.  C.  A.  133. 

In  re  Worcester  County,  4  Am.  B.  R.  496;  102  Fed.  808;  42  C.  C.  A.  637.  Kenova 
Loan  &  Trust  Co.  v.  Graham,  14  Am.  B.  R.  313;  135  Fed.  717;  68  C.  C.  A.  355. 

Now  usually  limited  by  rule  of  appellate  court. 

Blanchard  et  al.  v.  Ammons  (C.  C.  A.  9th  Cir.),  25  Am.  B.  R.  590;  183  Fed.  556; 
106  C.  C.  A.   102. 

Dismissed  if  not  filed  within  ten  days  in  Second  Circuit. 

In  re  Tanenhaus  (C.  C.  A.  2d  Cir.),  33  Am.  B.  R.  648;  211  Fed.  971. 


6U  FORMS  IN  BANKRUPTCY. 

Not  extended  by  motion  to  resettle. 

In  re  John  M.  Linck  Cons.  Co.,  34  Am.  B.  R.  860;  225  Fed.  488;  140  C.  C.  A.  18. 

Excuses  for  delay. 

In  re  Groetzinger  (C.  C.  A.  3d  Cir.),  11  Am.  B.  R.  467;  127  Fed.  124;  62  C.  C.  A. 
124;  Meyer  Drug  Co.  v.  Piiikin  Drug  Co.  (C.  C.  A.  5th  Cir.),  14  Am.  B.  R.  477;  136 
Fed.  396;  69  C.  C.  A.  240. 

Controversies  between  a  trustee  and  a  third  party,  in  respect  to  property  arising 
in  an  independent  suit,  are  not  reviewable  under  Sec.  24-b. 

The  remedy  is  by  appeal. 

In  re  Rusch  (C.  C.  A.  7th  Cir.),  8  Am.  B.  R.  518;  116  Fed.  270;  53  C.  C.  A.  G31. 
In  re  Jacobs  (C.  C.  A.  8th  Cir.),  3  Am.  B.  R.  671;  99  Fed.  539;  39  C.  C.  A.  647.  In  re 
Mertens  (C.  C.  A.  2d  Cir.),  15  Am.  B.  R.  701;  142  Fed.  445;  73  C.  C.  A.  561;  aft'd 
(U.  S.  Sup.),  205  U.  S.  202;  51  L.  Ed.  771. 

In  re  Antigo  Screen  Door  Co.  (C.  C.  A.  7th  Cir.),  10  Am.  B.  R.  359;  123  Fed.  249; 
59  C.  C.  A.  248.     First  Nat.  Bank  v.  Chicago  Title  &  Trust  Co.   (U.  S.  Sup.),  14  Am. 

B.  R.  102;    198  U.  S.  280;  49  L.  Ed.  1051. 

In  re  Mueller  (C.  C.  A.  6th  Cir.),  14  Am.  B.  R.  256;  135  Fed.  711;  68  C.  C.  A. 
349.  Holden  v.  Stratton  U.  S.  Sup.),  10  Am.  B.  R.  786;  191  U.  S.  115;  48  L.  Ed.  116. 
Hutchinson  v.  Otis,  10  Am.  B.  R.  135;  190  U.  S.  552;  47  L.  Ed.  1170. 

Contra.     In  re  McMahon   (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  530;    147  Fed.  684;   77 

C.  C.  A.  668.     O'Dell  v.  Boyden  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  751;   130  Fed.  731;  80 
C.  C.  A.  397. 

Action  on  trustee's  bond  not  reviewable  luuler  24-b  as  a  '"  proceeding  in  liank- 
ruptcy." 

United  States  ex  rel.  Throckmorton  v.  Ruggles  (C.  C.  A.  Gtli  Cir.),  34  Am.  B.  R. 
91;   221  Fed.  256;    137  C.  C.  A.   109. 

Where  appeal  may  be  brought  under  Sec.  25-a,  a  review  under  Sec.  24-b  not 
available. 

Union  Nat.  Bank  v.  Neill  (C.  C.  A.  5th  Cir.),  17  Am.  B.  R.  853;  149  Fed.  720:  79 
C.  C.  A.  417.  O'Dell  v.  Boyden  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  751;  150  Fed.  731;  80 
C.  C.  A.  397.  Mason  v.  Wolkowich  (C.  C.  A.  1st  Cir.),  17  Am.  B.  R.  709;  150  Fed.  699; 
80C.C.  A.  435.  InreMoMahon  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  530;  147  Fed.  684; 
77  C.  C.  A.  668.  Davidson  &  Co.  v.  Friedman  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R.  489; 
140  Fed.  853;  72  C.  C.  A.  553. 

In  re  Mueller  (C.  C.  A.  6th  Cir.),  14  Am.  B.  R.  256;  135  Fed.  711;  68  C.  C.  A.  349. 
In  re  Kuffler  (C.  C.  A.  2d  Cir.),  11  Am.  B.  R.  469;   127  Fed.  125;  61  C.  C.  A.  259. 

In  re  Good  (CCA.  8th  Cir.),  3  Am.  B.  R.  605;  99  Fed.  389;  39  C  C.  A.  581; 
First  Nat.  Bank  of  Miles  City  v.  State  Nat.  Bank  (C.  C.  A.  9th  Cir.),  12  Am.  B.  R.  440; 
131  Fed.  430;  65  C.  C.  A.  406. 

Brady  v.  Bernard  &  Kittinger  (C.  C.  A.  6th  Cir.),  22  Am.  B.  R.  342;  170  Fed.  576; 
95  C.  C.  A.  656. 

See,  Stevens  et  al.  v.  Nave-McCord  Mercantile  Co.  et  al.  (C.  C.  A.  Stli  C^ir.),  17  Am. 

B.  R.  609;  150  Fed.  71;  80  C.  C.  A.  25. 

In  re  Loving  (U.  S.  Sup.),  27  Am.  B.  R.  852;  224  U.  S.  183;  56  L.  Ed.  725. 

Morehouse  v.  Pacific  Hardware  &  Steel  Co.  (C.  C.  A.  9th  Cir.),  24  Am.  B.  R.  178; 
177  Fed.  337;  100  C.  C.  A.  647. 

Dickas  v.  Barnes  (C.  C.  A.  6th  Cir.),  15  Am.  B.  R.  566;  140  Fed.  849;  72  C.  C.  A. 
261. 

In  re  Breyer  Printing  Co.  (C.  C.  A.  7th  Cir.),  32  Am.  B.  R.  796;  216  Fed.  878;  133 

C.  C.  A.  82. 

Decision  of  Circuit  Court  of  Appeals  on  such  review  not  appealable,  but  can  be 
transferred  to  Supreme  Court  on  certiorari. 


FORMS  IN  BANKRUPTCY.  645 

In  re  Baker,  4  Am.  B.  R.  778;  104  Fed.  287;  43  C.  C.  A.  53G. 

Conro  V.  Crane,  94  U.  S.  441;  24  L.  Ed.  145. 

Holden  v.  Stratton  (U.  S.  Sup.),  10  Am.  B.  R.  786;   191  U.  S.  115;  48  L.  Ed.  116. 

Nor  reviewable  on  motion  to  amend  order  appealed  from. 

In  re  Henschel  (D.  C.  N.  Y.),  8  Am.  B.  R.  201;   114  Fed.  968. 

Jurisdiction. 

Supreme  Court  no  jurisdiction  under  Section  24-b  of  Act  to  review  an  order  of  the 
District  Court  of  Porto  Rico,  determining  a  member  of  a  bankrupt  co-partnership  to 
be  a  general  partner  and  his  personal  estate  liable  for  the  firm  debts. 

Munsuri  v.  Fricker  (U.  S.  Sup.),  27  Am.  B.  R.  344;  222  U.  S.  121;  56  L.  Ed.  121. 

Circuit  Court  of  Appeals  no  jurisdiction  under  this  section  to  control  the  discre- 
tion of  a  court  of  bankruptcy  in  the  matter  of  appointment  or  removal  of  referees. 

Birch  V.  Steele  (C.  C.  A.  5th  Cir.),  21  Am.  B.  R.  539;  165  Fed.  577;  91  C.  C.  A.  415. 

What  petition  should  show. 

In  re  Richards  (C.  C.  A.  7th  Cir.),  3  Am.  B.  R.  145;  90  Fed.  935;  37  C.  C.  A.  634. 

In  re  Baker  (C.  C.  A.  4th  Cir.),  4  Am.  B.  R.  778;  104  Fed.  287;  43  C.  C.  A.  536. 

In  re  O'Connell,  14  Am.  B.  R.  237;  137  Fed.  838;  70  C.  C.  A.  336.  In  re  Pettingill 
&  Co.,  14  Am.  B.  R.  757;  137  Fed.  840;  70  C  C.  A.  338. 

Petition  should  set  forth  the  questions  of  law,  clearly  and  specifically,  by  which 
petitioner  considers  himself  aggrieved  by  decision  of  lower  court,  and  set  forth  the 
facts  upon  which  such  order  was  made. 

In  re  Taft  (C.  C.  A.  6th  Cir.),  13  Am.  B.  R.  417;  133  Fed.  511;  66  C.  C.  A.  385. 

Steiner  v.  Marshall  (C.  C.  A.  4th  Cir.),  15  Am.  B.  R.  486;  140  Fed.  710;  72  C.  C. 
A.  103. 

In  re  Pettingill  &  Co.   (supra). 

Devries  v,  Shanahan  (C.  C.  A.  4th  Cir.),  10  Am.  B.  R.  518;  122  Fed.  629;  58  C.  C. 
A.  482. 


646 


FORMS  IN  BANKRUPTCY. 


FORM  No.  378. 

NOTICE  OF  FILING  PETITION  TO  REVIETV, 


United  States  Circuit  Court  of  Appeals, 
Circuit. 


In  the  Matter 

OF 


Bankrupt. 


Sir: 

Please  take  notice  that  on  the  ....  day  of ,  19.  .,  at  ....  o'clock, 

.  .M.,  I  shall  present  to  the  above-named  court  at  the  office  of  the  clerk  thereof 

at  the  Federal  Court  House,  in  the  City  of ,  and  file  with  the 

said  clerk,  the  annexed  petition  of ,  for  review  by  the  above- 
named  court  of  a  certain  order  of  the  District  Court  of  the  United  States  for 

the   District  of   ,  and  filed  in  the  office  of  the 

clerk  of  tliat  court  on  the day  of ,  19 .  . ,  confirming  the 

rejwrt  of as  Special  Master,  dated  the day  of 

,19.-. 

Dated ,19... 


Attorneii  and  solicitor  for. 


To 


Attorney  for 


FORMS  IN  BANKRUPTCY. 


647 


FORM  No.  379. 

NOTICE  OF  MOTION   FOR    3TAY  PENDING  REVIEW. 


Vnited  States  District  Court, 

for  the District  of 

In  Bankruptcy. 


In  the  Matter 

OF 


Bankrupt. 


Sir: 

Upon  all  the  proceedings  had  herein  and  on  the  petition  to  review  the  order 

and  decree  entered  herein  on  the day  of 10 .  . ,  directing 

that  (etc.)   ,  filed  in  the  clerk's  office  of  the  United  States 

Circuit  Court  of  Appeals  for  the   Circuit,  on  or  ahout   

.  . .  .,  19.  .,  I  shall  move  this  Court  at  a  session  thereof  to  be  held  on  the 

day  of ,  19 .  .,  at  ....  A.  M.  or  as  soon  thereafter  as  counsel  can 

be  heard,  for  a  stay  of  all  proceedings  herein  on  said  final  order  and  decree, 
pending  said  petition  to  review;  also  for  such  other  and  further  relief  as  to  the 
court  may  seem  proper. 

Dated , ,19... 

> 

Attornei/  for , 

(Address.) 

Tc Esq., 

Attorney  for 


648 


FORMS  IN  BANKRUPTCY. 


FORM  No.  380. 

ORDER   STAYING  PROCEEDINGS    PENDING   PETITION   FOR   REVIEW 

UNDER  24-b. 

At  a  Stated  Term  of  the  District  Court 
of  the  United  States,  in  and  for  the  .... 

District  of ,  at  the 

Court  House,  in  the  City  of , 

on  the   day  of , 

19.  .. 
Present : 

Hon , 


District  Judge. 


In  the  Matter 

OF 


Bankrupt. 


Upon  reading  and  filing  the  petition  of duly  verified,  the 

petition  to  review  herein,  and  on  motion  of attorney  for  said 

petitioner,  and  sufficient  reason  appearing  therefor,  it  is 

Ordered,  that  further  proceedings  to  enforce  the  order  made  and  entered 

herein   dated    to    ,  be  stayed,   pending  the 

hearing  and  determination  of  the  petition  for  review  herein,  upon  the  filing 
in  this  Court  by  the  petitioner  of  a  supersedeas  bond,  with  good  and  sufficient 
sureties  to  the  satisfaction  of  the  Court  in  the  sum  of  $ 

U.  S.  D.  J. 


FORMS  IN  BANKRUPTCY.  649 


FORM  No.  381. 

PETITION   FOR   APPEAL   FROM   A   CIRCUIT    COURT    OF   APPEALS    TO 
THE  SUPREME  COURT  OF  THE  UNITED  STATES. 

United  States  Circuit  Court  of  Appeals  for  the Circuit, 


.and 

Appellants, 
vs. 

.and 

Appellees. 


To  the  United  States  Circuit  Court  of  Appeals  for  the 

Circuit : 

The  above  mentioned  appellants,   ,  respectfully  show 

that  the  above  entitled  cause  is  now  pending  in  the  United  States  Circuit 

Court  of  Appeals  for  the    Circuit,  and  that  a  judgment  has 

therein  been  rendered  on  the day  of ,  A.  D , 

affirming  the  decree  of  the  District  Court  of  the  United  States  for  the 

district  of ,  and  that  the  matter  in  controversy  in  said  suit 

exceeds  two  thousand  dollars  besides  costs ;  that  this  cause  is  one  in  which  the 

United  States  Circuit  Court  of  Appeals  for  the Circuit  has  not  final 

jurisdiction  and  that  it  is  a  proper  cause  to  be  reviewed  by  the  Supreme  Court 
of  the  United  States  on  appeal. 

Wherefore,  the  said  appellants  pray  that  an  appeal  be  allowed  them  in  the 
above  entitled  cause  directing  the  clerk  of  the  United  States  Circuit  Court  of 

Appeals  for  the   Circuit,  to  send  the  record  and  proceedings  in 

said  cause,  with  all  things  concerning  the  same,  to  the  Supreme  Court  of  the 
United  States,  in  order  that  the  errors  complained  of  in  the  assignment  of 
errors  herewith  filed  by  the  said  appellants,  may  be  reviewed,  and  if  error  be 
found,  corrected  according  to  the  laws  and  customs  of  the  United  States. 


Attorney  for  appellants. 
[Yerification.] 

NOTES. 
Appeals  to  Supreme  Court. 

Judiciary  Act  of  March  3,  1891,  26  Siat.  at  Large  826;   Judicial  Code,  March  3, 
1911,  ch.  231;  36  Stat,  at  Large,  1087;  Ch.  517,  U.  S.  Compiled  Stat.  1901,  pp.  488-549. 
Bankruptcy  Act,  Sec.  25-b. 
General  Order  XXXVI,  (2),  (3). 

'"' '"«.  A;r::,';;e;rn»;l  er44s.  § « <.  .v.  ,.,• ...,. .». .»...  .»..icti„g  appeal 

t(t  Supreme  Coiu-t. 


650  FORMS  IN  BANKRUPTCY. 

38  Stat.  803,  804,  Chap.  22. 

Hewitt  V.  Berlin  Macliine  Works,  11  Am.  B.  R.  709;  194  U.  S.  296;  48  L.  Ed.  986. 

In  appeals  under  Sec.  25-b   ( 1 ) ,  claim  in  controversy  must  exceed  $2,000. 

Hutchinson  v.  Otis  (C.  C.  A.  1st  Cir.),  10  Am.  B.  R.  275;  123  Fed.  14;  59  C.  C.  A.  94. 

Western  Tie  &  Timber  Co.  v.  Brown,  13  Am.  B.  R.  447;  196  U.  S.  502;  49  L.  Ed. 
571. 

Lucius  V.  Cawtliorn-Coleman  Co.,  13  Am.  B.  R.  696;  196  U.  S.  149;  49  L.  Ed.  425. 

Order  allowing  an  exemption,  is  not  a  '"  final  decision  allowing  or  rejecting  a  claim 
within  the  meaning  of  Sec.  25,  subsection  b,  and  appeal  does  not  lie  to  Supreme  Court." 

Holden  v.  Stratton,  10  Am.  B.  R.  786;  191  U.  S.  115;  48  L.  Ed.  116.  Smalley  v. 
Laugenour,  13  Am.  B.  R.  692;   196  U.  S.  93;  49  L  Ed.  400. 

Lucius  V.  Cawthorn-Coleman  Co.  {supra). 

Objections  first  raised  on  appeal. 

Armstrong  v.  Fernandez,  19  Am.  B.  R.  746;  208  U.  S.  324;  52  L.  Ed.  514. 

See  rule  as  laid  down  in  Central  Trust  Co.  of  Illinois  v.  Lueders  (U.  S.  Sup.),  239 
U.  S.  11;   35  Am.  B.  R.  730. 

Jurisdiction  denied. 

Lazarus  et  al.  v.  Prentice,  Ancillary  Receiver.  32  Am.  B.  R.  559;  234  U.  S.  263;  58 
L.  Ed.  1305. 

Central  Trust  Co.  of  Illinois  v.  Chicago  Auditorium  Association,  36  Am.  B.  R. 
679;  modifying,  s.  c.  32  Am.  B.  R.  417. 

Matters  arising  in  the  administration  of  the  bankrupt  estate. 

Wynkoop,  Hallenbeck,  Crawford  Co.  v.  Gaines,  29  Am.  B.  R.  369;  227  U.  S.  4;  57  L. 
Ed.  391,  dismissing  appeal  from  In  re  Paris  Modes  Co.  (C.  C  A.  2d  Cir.),  28  Am.  B.  R. 
470;  196  Fed.  357;  116  C.  C.  A.  177. 

From  a  judgment  of  the  Circuit  Court  of  Appeals  affirming  a  judgment  refusing 
to  grant  a  discharge. 

James  v.  Stone  &  Co.,  29  Am.  B.  R.  476;  227  U.  S.  410;  57  L.  Ed.  573. 

^^^lat  cannot  be  reviewed  under  Sec.  6  of  the  Judiciary  Act  of  Mar.  3,  1891. 

J.  W.  Calnan  Co.  v.  Doherty,  27  Am.  B.  R.  880;  224  U.  S.  145;  56  L.  Ed.  702. 

Tefft,  Weller  &  Co.  v.  Munsuri.  27  Am.  B.  R.  338;  222  U.  S.  114;  56  L.  Ed.  118. 

Supreme  Court  cannot  entertain  an  appeal  from  a  judgment  of  Circuit  Court  of 
Appeals  upon  a  petition  to  revise  under  Sec.  24-b  of  the  Act. 

Mitchell  Store  Building  Co.  v.  Carroll,  35  Am.  B.  R.  197;  232  U.  S.  379;  58  L.  Ed. 
650;  dismissing  appeal  from  27  Am.  B.  R.  894. 

Nor  when  decree  in  District  Court  is  an  interlocutory  order  granting  a  temporary 
injunction,     s.  c.   (supra). 

Question  whether  a  case  arises  under  the  laws  of  the  United  States  so  as  to  permit 
appeal  to  United  States  Supreme  Court  from  judgment  of  Circuit  Court  of  Appeals  is 
determined  upon  the  grounds  of  jurisdiction  set  forth  in  the  petition. 

Lovell  V.  Isidore  Newman  &  Son  (U.  S.  Sup.),  29  Am.  B.  R.  482;  227  U.  S.  412;  57 

L.  Ed.  577. 

The  right  of  appeal  from  a  decision  of  a  Circuit  Court  of  Appeals  allowing  or 
rejecting  a 'claim  is  given  by  Sec.  25-b  of  the  Bankruptcy  Act  only  where  the  decision 
is  final,  whether  there  is  a  certificate  under  Sec.  25-b  (2)  or  not. 

Duryea  Power  Co.  v.  Sternbergh,  25  Am.  B.  R.  66;  218  U.  S.  299;  54  L.  Ed.  1047. 

What  appealable. 

A  decree  dismissing  petition  of  a  trustee  in  bankruptcy  to  prevent  enforcement 
in  a  State  court  of  a  lien  for  labor  and  materials  appealable  to  Supreme  Court. 

Hobbs  V.  Head  and  Doust  Co..  31  Am.  B.  R.  656;  231  U.  S.  692;  58  L.  Ed.  440; 
ar<r  s.  c.  26  Am.  B.  R.  03;  169  Fed.  586;  95  C.  C.  A.  84. 


FORMS  IN  BANKRUPTCY.  651 

An  appeal  to  the  Supreme  Court  from  a  judgment  of  the  Circuit  Court  of  Ajjpeals 
may  be  had  in  accordance  with  Sec.  6  of  Act  of  March  3,  1S!)1,  in  a  case  relating  to  the 
establishment  of  a  mechanic's  lien  on  real  estate  of  the  bankrupt  involving  the  requisite 
amount  and  concerning  a  controversy  which  existed  independently  of  the  bankruptcy 
proceedings.  Hobbs  v.  Head  and  Doust  Co,  (C.  C.  A.  1st  Cir.),  27  Am.  B.  R.  48t;  191 
Fed.  811;  112  C.  C.  A.  325. 

Findings  of  fact  and  conclusions  of  law  under  General  Order  in  Bankruptcy  No. 
XXXVI  (3)  will  not  ordinarily  be  made  unless  requested,  and  one  who  contemplates  an 
appeal  to  the  Supreme  Court,  if  the  conclusion  of  the  Circuit  Court  of  Ap])eals  shall  be 
against  him,  should  make  a  request  for  such  findings  before  the  decree  of  the  Circuit 
Court  of  Appeals  is  entered. 

Washington  v.  Tearney  (C.  C.  A.  4th  Cir.),  28  Am.  B.  R.  633;  197  Fed.  307;  117 
C.  C.  A.  53. 

Compare  Knapp  v.  Milwaukee  Trust  Co.  (C.  C.  A.  7th  Cir.),  20  Am.  B.  R.  671;  162 
Fed.  675;   89  C  C  A.  467;   aff'd,  see    (infra.) 

Crucible  Steel  Co.  v.  Holt  (C.  C.  A.  6th  Cir.),  23  Am.  B.  R.  302;  174  Fed.  127;  98 
C.  C.  A.  101. 

Practice. 

Mueller  v.  Nugent,  7  Am.  B.  R.  224;  184  U.  S.  1;  46  L.  Ed.  405.  Chapman  v. 
Bowen,  18  Am.  B.  R.  844;  207  U.  S.  89;  52  L.  Ed.  116. 

Time  Limit.  Conboy  v.  First  Nat.  Bank  of  N.  J.,  16  Am.  B.  R.  773;  203  U.  S.  141  ; 
51  L.  Ed.  128.  Thomas  v.  Sugarman,  30  Sup.  Ct.  Rep.  650;  218  U.  S.  129;  54  L.  Ed. 
967. 

Limitation  of  30  days  prescribed  by  General  Order  XXXVl  applies  only  to  appeals 
taken  expressly  under  the  provisions  of  the  Bankruptcy  Act. 

Hobbs  v.  Head  &  Doust  Co.  (C.  C.  A.  1st  Cir.),  27  Am.  B.  R.  484;  191  Fed.  811 ;  112 
C.  C.  A.  325. 

Under  section  6  of  Act  of  March  3,  1891,  time  is  one  year. 

United  States  Fidelity  &  G.  Co.  v.  Bray,  28  Am.  B.  R.  207,  215;  225  U.  S.  205:  56 
L.  Ed.  1055. 

An  appeal  from  an  order  allowing  or  rejecting  a  claim  of  more  than  $2,000,  sepa- 
rate findings  of  fact  and  conclusions  of  law  necessary  imder  General  Order  XXXVI  (3). 

Knapp  V.  Milwaukee  Trust  Co.  (C.  C.  A.  7th  Cir.),  20  Am.  B.  R.  671 ;  162  Fed.  675; 
89  C.  C.  A.  467;  aff'd,  24  Am.  B.  R.  761;  216  U.  S.  545;  .54  L.  Ed.  610. 

Where  Circuit  Court  of  Appeals  fails  to  make  the  findings  of  fact  and  conclusions 
of  law  required  by  General  Order  XXXVI   (3)    the  appeal  cannot  be  entertained. 

J.  VV.  Calnan  Co.  v.  Doherty  {supra). 

Questions  passed  upon  by  the  court  below  are  open  for  consideration  althougli  not 
raised  in  or  considered  by  the  trial  court. 

Friend  v.  Talcott,  30  Am.  B.  R.  31;  228  U.  S.  27;  57  L.  Ed.  718. 

Bond  on  supersedeas. 

Trustee  need  not  give. 

In  re  Dresser  (Ref.  N.  Y.),  14  Am.  B.  R.  41. 

It  is  the  practice  in  the  8th  Circuit  not  to  anticipate  a  further  appeal  but  to  await 
request  for  findings  and  conclusions  under  General  Order  XXXVI  (3)  and  if  the  decree 
lias  then  been  entered  to  vacate  it  so  that  the  order  may  be  observed. 

Century  iSavings  Bank  v.  Robert  Moody  &  iSon  et  al.,  31  Am.  B.  R.  586:  209  Fed. 
775 ;  126  C  C.  A.  499. 


652 


FORMS  IN  BANKRUPTCY. 


FORM  No.  382. 

ORDER  ALLO"WING  APPEAL  FROM  A   CIRCUIT   COURT   OF  APPEALS 
TO    THE    SUPREME    COURT    OF   THE   UNITED    STATES. 

The  United  States  Circuit  Court  of  Appeals, 
for  the Circuit : 


.and. 


Appellants, 


vs. 


.and. 


Appellees. 


It  is  hereby  ordered  that  the  appeal  in  the  above  entitled  cause  to  the 
Supreme  Court  of  the  United  States  be  and  is  hereby  allowed  as  prayed. 


United  States  Judge. 
Circuit. 


FORM  No.  383. 

PETITION  FOR  "WRIT  OF  ERROR  FROM  THE  SUPREME  COURT  TO  A 
CIRCUIT  COURT  OF  APPEALS. 

The  United  States  Circuit  Court  of  Appeals, 
for  the Circuit : 


Plaintiff  in  Error, 
vs. 


Defendant  in  Error. 


Now  comes,   plaintiff  in  error  in  the  above  entitled 

cause  and  respectfully  shows  that  the  above  entitled  cause  is  now  pending  in 
the  United  States  Circuit  Court  of  Appeals  for Circuit,  and  that  a 


FORMS  IN  BANKRUPTCY.  653 

judgment  has  therein  been  rendered  on  the day  of ,  affirm- 
ing (or  reversing)  a  judgment  of  the  District  Court  of  the  United  States  for 

the District  of ,  and  that  the  matter  in  controversy  in  said 

suit  exceeds thousand  dollars,  besides  costs,  and  that  the  jurisdiction  of 

none  of  the  courts  above  mentioned  is  or  was  dependent  in  any  wise  upon  the 
opposite  parties  to  the  suit  or  controversy  being  aliens  and  citizens  of  the 
United  States,  or  citizens  of  the  different  states,  and  that  this  cause  does  not 
arise  under  the  patent,  revenue  or  criminal  laws,  that  it  is  not  an  admiralty 
case,  and  that  it  is  a  proper  case  to  l)e  reviewed  by  the  Supreme  Court  of  the 
United  States  upon  writ  of  error ;  and  therefore  your  petitioner  would  respect- 
fully pray  that  a  writ  of  error  be  allowed  him  in  the  above  entitled  cause 
directing  the  clerk  of  the  United  States  Circuit  Court  of  Appeals  for  the .... 
Circuit  to  send  the  record  and  proceedings  in  said  cause  duly  authenti- 
cated with  all  things  concerning  the  same,  to  the  Supreme  Court  of  the  United 
States,  in  order  that  the  errors  complained  of  in  the  assignment  of  errors 
herewith  filed  by  said  plaintiff  in  error  may  be  reviewed,  and  if  error  be  found, 
corrected  according  to  the  laws  and  customs  of  the  United  States. 

> 

Plaintiff  in  error, 

By , 

His  attorney. 
The  foregoing  petition  is  granted  and  vrrit  of  error  allowed  as  prayed  for 

upon 's  giving  bond  according  to  law  in  the  sum  of  $ 

> 

Associate  Justice  of  the  Supreme,  Court  of 
the  United  States. 


FORM   No.   384. 

"WRIT    OF    ERROR    FROM    THE    SUPREIVIE    COURT    OF    THE    UNITED 
STATES  TO  A  CIRCUIT  COURT  OF  APPEAXS. 

United  States  of  America,  ss: 

'The  President  of  the  United  States  to  the  Honorable,  the  Judges  of  the  United 

States  Circuit  Court  of  Appeals  for  the Circuit,  Greeting: 

Because,  in  the  record  and  proceedings,  as  also  in  the  rendition  of  the  judg- 
ment of  a  plea  which  is  in  the  said  Circuit  Court  of  Appeals  before  you, 

-or  some  of  you,  between plaintiff  in  error,  and , 

"defendant  in  error,  a  manifest  error  hath  happened,  to  the  great  damage  of  the 
said  plaintiff  in  error  as  by  his  complaint  appears.  We  being  ^nlling  that 
■error,  if  any  hath  been,  should  be  duly  corrected,  and  full  and  speedy  justice 
"done  to  the  parties  aforesaid  in  this  behalf,  do  command  you,  if  judgment  be 


654  FORMS  IN  BANKRUPTCY. 

therein  given,  that  then  under  your  seal,  distinctly  and  openly,  you  send  the 
record  and  proceedings  aforesaid,  with  ell  things  concerning  the  same,  to  the 
Supreme  Court  of  the  United  States,  together  with  this  writ,  so  that  you  have 
the  same  in  the  said  Supreme  Court  at  Washington,  within  thirty  days  from 
date  hereof,  that  the  record  and  proceedings  aforesaid  being  inspected,  the  said 
Supreme  Court  may  cause  further  to  be  done  therein  to  correct  that  error,  what 
of  right,  and  according  to  the  laws  and  customs  of  the  United  States,  should  be 
done. 

Witness,  the  Honorable    ,   Chief  Justice  of  the  United 

States,  the day  of ,  in  the  year  of  our  Lord  one  thou- 
sand, nine  hundred  and 

(Seal  of  the  Supreme  Court  of  the  United  States.) 


Clerk  of  the  Supreme  Court  of  the 
United  States. 
Allowed  by 

} 

Associate  Justice  of  the  Supreme  Court  of  the  United  States. 

NOTES 

Paffp  654    line  21.  insert  after  figures  "  1133": 

*      st  Art  „.  .,a„.  28.  .fll5,  38  Stat,  at  L.  S03   S04   .1,^22.  ve.tnCng  .nt,  „.  error 
to  Supreme  Court:   also  Act  of  Kept.  h.  10K..  eli.  44s,  !>  (.. 

.K.c/-t.     i.i  ,i.iui  juugiiieiu  01  higiiest  State  court. 

Eau  Claire  Xat.  Bank  v.  Jackman,  17  Am.  B.  R.  675;  204  U.  S.  522;  51  L.  Ed.  596. 

Frank  v.  Vollkommer,  17  Am.  B.  R.  806;  205  U.  S.  521;  51  L.  Ed.  911. 

Rector  v.  City  Deposit  Bank  Co.,  15  Am.  B.  R.  336;  204  U.  S.  522;  51  L.  Ed.  576. 

Judgment  that  a  person  is  or  is  not  a  bankrupt  entered  by  a  court  of  bankruptcy 
on  a  verdict  of  a  jury  demanded  as  of  right  under  Sec.  19,  is  reviewable  in  the  Supremo 
Court  of  the  United  States  only  by  writ  of  error. 

F.  L.  Grant  Shoe  Co.  v.  W.  M.  Laird  Co.,  17  Am.  B.  R.  1;  203  U.  S.  502;  51  L.  Ed. 


292. 
396. 


Bower  v.  Holzworth   (C.  C.  A.  8th  Cir.),  15  Am.  B.  R.  22;  138  Fed.  28;   70  C.  C.  A. 


Elliott  v.  Toeppner,  9  Am.  B.  R.  50;  187  U.  S.  327;  47  L.  Ed.  200. 

Lennox  v.  Allen  Lane  Co.  et  al.  (C.  C.  A.  1st  Cir.).  21  Am.  B.  R.  648:  167  Fed. 
114;  92  C.  C.  A.  566.  In  re  Neasmith  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  128;  147  Fed. 
160;  77  C.  C.  A.  402.  Duncan  v.  Landis  (C.  C.  A.  3d  Cir.),  6  Am.  B.  R.  649;  106  Fed 
839;  45  C.  C  A.  606. 

How  attested. 

Long  V.  Farmers'  State  Bank  (C.  C.  A.  8th  Cir.),  17  Am.  B.  R.  103;  147  Fed.  360; 
77  C.  C.  A.  538. 

Where  jury  is  not  demanded  under  See.  19-a  it  is  deemed  waived;  but  judge  may 
submit  as  in  equity,  certain  issues  of  fact  to  a  jury  in  an  advisory  capacity  and  from 
judgment  of  court  in  such  cases  an  appeal  is  held  proper  method  of  review. 

In  re  Neasmith  (C.  C.  A.  6th  Cir.),  17  Am.  B.  R.  128;  147  Fed.  160;  77  C.  C.  A. 
402. 


FOKMS  IN  BANKRUPTCY.  ,655 

Oil  Well  Supply  Co.  v.  Hall  (C.  C.  A.  4th  Cir.),  11  Am.  B.  R.  738;  128  Fed.  875; 
C3  C.  C.  A.  343. 

Writ  brings  up  matters  of  law  only. 

Elliott  V.  Toeppner  (supra). 

As  to  necessity  of  bill  of  exceptions. 

F.  L.  Grant  Shoe  Co.  v.  W.  M.  Laird  Co.   (supra). 

Time  within  which  to  bring. 

Act  of  March  3,  1891,  Chap.  517,  Sees.  6  and  11. 

Time  within  which  to  bring  not  limited  to  30  days.  General  Order  XXXVI  (2) 
has  no  application. 

F.  L.  Grant  Shoe  Co.  v.  W.  M.  Laird  Co.  (supra). 

What  reviewable. 

Order  of  District  Court  adjudging  defendant  in  contempt  for  disobeying  turn  over 
order  and  imposing  fine  payable  to  C'nited  States  in  etl'ect  a  criminal  judgment. 

Brown  v.  Detroit  Trust  Co.  {C.  C.  A.  6th  Cir.),  193  Fed.  622:   113  C.  C.  A.  490. 

Action  at  law  by  trustee  to  recover  property  alleged  to  have  been  transferred  in 
fraud  of  creditors. 

Delta  Xat.  Bank  v.  Easterbrook  (C.  C.  A.  5th  Cir.),  13  Am.  B.  R.  338;  133  Fed. 
521;  67  C.  C.  A.  236. 

Objection  not  raised  below,  not  available. 

Frank  v.  Vollkommer  (supra). 

Proceedings  in  bankruptcy,  as  a  general  rule,  are  proceedings  in  equity  and  orders 
and  decrees  therein  cannot  be  reviewed  by  writs  of  error. 

Lockman  v.  Lang  (C.  C.  A.  8th  Cir.),  11  Am.  B.  R.  597;  128  Fed.  279;  62  C.  C.  A. 
550. 

The  fact  that  the  ruling  of  the  District  Court  has  been  affirmed  by  the  Circuit 
Court  of  Appeals  on  a  petition  to  review  will  not  preclude  a  writ  of  error  from  the 
Supreme  Court  to  the  District  Court  to  review  the  final  decision  in  the  case. 

Frederick  L.  Grant  Shoe  Co.  v.  W.  M.  Laird  Co.  (U.  S.  Sup.),  21  Am.  B.  R.  484; 
212  r.  S.  445:  53  L.  Ed.  591. 

Practice. 

See,  37  U.  S.  Stat,  at  L.  54,  Chap.  12  and  199  Fed.  115. 

Petition  with  assignment  of  errors  should  be  filed. 

Writ  issues  in  the  name  of  the  President  of  the  United  States  and  is  tested  as  of 
date  of  issue  in  name  of  Chief  Justice  of  tlie  Lnited  States.  Bears  seal  of  court  issu- 
ing same,  and  signed  by  clerk  of  that  court. 

\\'rit  when  sent  up  should  be  accompanied  by  a  citation  signed  by  judge  of  court 
to  which  writ  is  addressed,  or  any  judge  of  the  appellate  court. 

Citation  should  give  names  of  all  applicants  for  the  writ. 

Kerrch  v.  United  States,  22  Am.  B.  R.  544;  171  Fed.  365. 

Practitioner  should  consult  for  additional  forms  and  practice  under  writs  of  error. 
Circuit  Court  of  Appeals  to  District:  United  States  Supreme  Court  to  Circuit  Court  of 
Appeals,  District  Court  or  State  court. 

Foster's,  "Federal  Practice"   (5th  Ed.,  1913). 

Loveland's,  '"Appellate  Jurisdiction"  (1911). 

Rose's,  "  Federal  Procedure." 


656  FORMS  IN  BANKRUPTCY. 


FORM  No.  385. 

PETITION   FOR   WRIT    OF    CERTIORARI    TO    REMOVE    A    CAUSE    FOR 
REVIEW    TO    SUPREME    COURT. 


In  the  Supreme  Court  of  the  United  States, 
Term  A.  D.  19... 


Petitioner, 
vs. 


Respondent. 


Petition  for  writ  of  certiorari  to  the  United  States  Circuit  Court  of  Appeals 

for  the Circuit,  requiriuo^  it  to  certify  to  the  Supreme  Court 

of  the  United  States  for  its  revision  and  determination  the  petition  for  reviev,' 
in  bankruptcy  taken  bv  said  petitioner  against lately  pend- 
ing in  said  Court  of  Appeals. 

To  the  Honorable,  the  Chief  Justice  and  Associate  Justices  of  the  Supreme 
Court  of  the  United  States : 

The  petition  of   filed  by  virtue  of  the  provisions  of  Section 

25-d  of  the  Bankruptcy  Act  of  1898  and  the  amendments  thereof  respectfully 
represents  as  follows: 

First.  That  this  cause  involves  a  question  of  far  reaching  importance  to 
mercantile  and  business  interests,  and  upon  which  the  decisions  of  the  circuit 
courts  of  appeal  in  the  diiferent  circuits  are  at  variance,  thus  necessitating  an 
authoritative  determination  thereupon  l^y  this  court. 

Second.    The  question  involved  is  as  follows : 

[Recite  in  full;  also  proceedings,  findings  and  decision  in  court  below.] 

[Recite  also  grounds  upon  which  judgment  of  court  below  should  be  reversed 
or  modified.] 

Your  petitioner  annexes  hereto  his  brief  in  support  of  this  petition. 

'Wlierefore,  your  petitioner  prays  that  t.  writ  of  certiorari  may  be  issued  out 
of  and  under  the  seal  of  this  court,  directed  to  the  United  States  Circuit  Court 

of  Appeals  for  the   Circuit,  commanding  said  court  to  certify 

and  send  to  this  court,  on  a  day  certain  to  be  therein  designated,  a  full  and 
complete  transcript  of  the  record  in  all  proceedings  in  said  Circuit  Court  of 

Appeals  in  the  case  therein,  entitled against on 

petition  of for  review  No to  the  end  that  said  case 

may  be  reviewed  and  determined  by  this  court,  as  provided  by  law;  and  that 


FORMS  IN  BANKRUPTCY.  657 

the  judgment  of  the  said  Circuit  Court  of  Appeals  in  said  case  may  be  reversed 
hy  this  Honorable  Court. 

And  that  petitioner  ma}-  have  such  other  and  further  relief  as  may  seem 
meet  and  proper. 
And  your  petitioner  will  ever  pray. 


Petitioner. 

J 

Attorney  for  petitioner. 


[Verification.] 

NOTES. 

-  -r   -   -5.  .    ,4.  T    .-co  P9P_<i<jq.  3S  S+at   803.  804,  Chap.  22. 

Taofe  657,  line  I.",,  insert  after  -Chap.  22-: 

^e^^:oA^;.^kittl^'':tf^r?'  ^rV""'^^  '''  "■^•-  ^"  «>'Preme  Court- 
a.s  amended  June  ?2,  lOie!   "  '   "   "'  ^"'^  ^"P'"'^™^  ^'""^'t  ^"1^  Xo.  37,  pa"t  V, 

Forsyth  v.  Plammond,  166  U.  S.  506;  41  L.  Ed.  1095. 

First  National  Bank  v.  Chicago  Title  &  Trust  Co.,  14  Am.  B.  R.  102;  198  U.  S.  280; 
49  L.  Ed.  1051 ;  rev'g  11  Am.  B.  R.  79;  134  Fed.  562;  67  C.  C.  A.  486. 

Application  by  petition  to  Supreme  Court  with  printed  record  of  the  case;  must 
file  certified  copy  of  the  entire  record  in  Circuit  Court  of  Appeals.  Application  must  be 
made  within  a  reasonable  time.  Return  to  the  writ  should  be  by  the  clerk  under  his 
hand  and  the  seal  of  the  court. 

Decided  on  briefs;  oral  argument  not  permitted. 

Effect  of  writ  if  granted  is  to  remove  the  question  to  the  Supreme  Court. 

American  Construction  Co.  v.  Jacksonville,  etc.,  148  U.  S.  372;  37  L.  Ed.  486. 

Cases  where  writ  has  been  held  to  lie  and  been  granted. 

In  re  Watts,  10  Am.  B.  R.  113;   190  U.  S.  1 ;  47  L.  Ed.  933. 

Holden  v.  Stratton,  10  Am.  B.  R.  786;  191  U.  S.  115;  48  L.  Ed.  116. 

Right  to  apply  for. 

In  re  Hudson  River  Electric  Co.,  25  Am.  B.  R.  873;  184  Fed.  970. 

"  Judgments  and  decrees  of  Circuit  Court  of  Appeals  in  all  proceedings  and  cases 
arising  under  Bankruptcy  Act  and  in  all  controversies  arising  in  such  proceedings  and 
cases  shall  be  ^nal,  save  only  that  it  shall  be  competent  for  the  Supreme  Court  to 
require  by  certiorari  upon  the  petition  of  any  party  thereto  that  the  proceeding,  case 
or  controversy  be  certified  to  it  for  review  and  determination  with  the  same  force  and 
authority  as  if  taken  to  that  court  by  appeal  or  writ  of  error;  petition  to  be  presented 
therefor  within  three  months  from  the  date  of  such  judgment  or  decree." 

"Above  provision  applies  to  all  cases  including  those  involving  and  requiring  inter- 
pretation of  State  statutes  and  application  of  the  Federal  Constitution.  Appeal  from 
221  Fed.  829  dismissed." 

Central  Trust  Co.  of  Illinois,  Trustee  v.  Lueders  (U.  S.  Sup.),  239  U.  S.  11;  35  Am. 
B.  R.  730. 

[For  additional  Forms  of  Practice  in  Certiorari  Proceedings  see  Loveland,  "Appel- 
late Jurisdiction ;  "  Foster's,  "  Federal  Practice,"  5th  Ed. ;  Rose's,  Code  of  Civil  Pro- 
cedure."] 


658 


FORMS  IN  BANKRUPTCY. 


FORM  No.  386. 

NOTICE  OF  APPLICATION  TO  THE    SUPREME  COURT  FOR  "WRIT  OF 

CERTIORARI. 

Ignited  States  Circuit  Court  of  Appeals  for  the Circuit: 


..., Plaintiff  in  Error  (or  Appellant) 

against 
,Defendant    in  Error    (Appellee) 


J 


Mr: 

Notice  is  hereby  given  that  the  defendant  in  error   (or  Appellee)   will  on 

^londay,  the    day  of    ,   19.  .,  upon   his  duly   verified 

])etition  and  a  certified  copy  of  the  entire  record  in  this  cause  move  before 
the  Supreme  Court  of  the  United  States  in  the  Courtroom  thereof,  at 
the  Capitol  Building,  in  the  City  of  Washington,  D.  C.  on  the  opening  of 
court  on  that  day  or  as  soon  thereafter  as  counsel  can  be  heard,  for  a  writ  of 
certioraii  removing  this  cause  to  said  Supreme  Couit  of  tlie  I'nited  States  and 
that  a  copy  of  said  petition  and  brief  in  support  thereof,  are  herewith  delivered 
to  you. 

i)ated 19... 


Aiturneij  for  Defendant  in 
Error  {or  Appellee). 


To 


Esq., 


Attorney  for  jilaintiff  in  Error  (or  Appellant). 


FORMS  IN  BANKRUPTCY. 


659 


FORM  No.  387. 

MOTION  FOR   WRIT   OF   CERTIORARI   FROM   THE   SUPREME   COURT 
TO   A   CIRCUIT  COURT   OF  APPEALS. 

The  Supreme  Court  of  the  United  States, 
Term. 


Petitioner, 


vs. 


Respondent. 


Comes   now    ,   by    Esq.,   its   counsel. 

and  moves  this  Honorable  Court  that  it  shall  by  certiorari  or  other  proper 
process  directed  to  the  Honorable,  the  Judges  of  the  United  States  Circuit 

Court  of  Appeals  for  the Circuit,  require  said  court  to  certify 

to  this  court  for  its  review  and  determination  a  certain  cause  in  said  Court 

of  Appeals  lately  pending,  wherein  the  respondent,   was 

plaintiff  in  error   (or  appellant)    and  your  petitioner,    , 

defendant  in  error,  (or  appellee,)  and  to  that  end  it  now  tenders  herewith  its 
petition  and  brief  with  a  certified  copy  of  the  entire  record  in  said  cause 
in  said  Circuit  Court  of  Appeals. 


Counsel 


660  FORMS  IN  BANKRUPTCY. 


FORM  No.  388. 

WTIIT  OF  CERTIORARI  FROM  THE  SUPREME  COURT  TO  A  CIRCUIT 

COURT  OF  APPEAIiS. 

The  United  States  of  America,  ss: 

Tlie  President  of  the  United  States  of  America,  to  the  Honorable  the  Judges 

of  the  United  States  Circuit  Court  of  Appeals  for  the Circuit, 

Greeting : 

Being  informed  that  there  is  now  pending  before  you  a  suit  (or  proceeding) 

in  which is  plaintiff  in  error  (or  appellant)  and 

is  defendant  in  error  (or  appellee),  which  suit  (or  proceeding)  was  removed 
into  the  said  circuit  court  of  appeals  by  virtue  of  writ  of  error  to  (or  appeal 

from)  the  district  court  of  the  United  States  for  the district  of 

and  we,  being  willing,  for  certain  reasons,  that  the  said  cause 

and  the  record  and  proceedings  therein  should  be  certified  by  the  said  circuit 
court  of  appeals  and  removed  into  the  Supreme  Court  of  the  United  States, 
do  hereby  command  you  that  you  send  without  delay  to  the  said  Supreme 
Court,  as  aforesaid,  the  record  and  proceedings  in  said  cause,  so  that  the  said 
Supreme  Court  may  act  thereon  as  of  right  and  according  to  law  ought  to  be 
done. 
[Seal.] 

Witness  the  Honorable ,  Chief 

Justice  of  the  United  States,  the 

day  of ,  in  the  year  of  our 

Lord  one  thousand  nine  hundred  and  .  . . 


Clerk  of  the  Supreme  Court  of 
the  United  States. 


FORMS  IN  BANKRUPTCY. 


661 


FORM  No.  389. 

CERTIFICATE  OF  QUESTION  OF  JURISDICTION  BY  DISTRICT  COURT 

TO  SUPREME  COURT. 

District  Court  of  the  United  States, 

for  the District  of : 


In  the  Matter 

OF 


Banlrupf. 


The  District  Court  of  the  United  States  for  the   District 

of hereby  certifies  to  the  Supreme  Court  of  the  United  States, 

that  on  the day  of ,  19 .  . .,  a  judgment  was  entered 

in  the  above  entitled  proceeding  in  accordance  with  the  decision  of  said  court 
dismissing  said  proceeding  for  want  of  jurisdiction.  A  copy  of  the  petition, 
answer  and  transcript  of  the  proceedings  had  herein,  are  contained  in  the 
case  on  appeal  herein  to  which  reference  is  had. 

And  this  court  further  certifies  that  in  said  proceeding  the  jurisdiction  of 
this  court  is  in  issue  and  further  certifies  to  the  Supreme  Court  said  question 
of  jurisdiction  as  raised  by  the  pleadings  herein,  namely,  to  \nt :  


Dated 
[Seal.] 


19, 


United  States  District  Judge. 


662  FORMS  IN  BANKKUPTCY. 


FORM  No.  390. 

CERTIFICATE  OF  QUESTION  OF  TaAW  IN  A  BANKRUPTCY  PROCEED- 
ING BY  A  CIRCUIT  COURT  OF  APPEALS  TO  THE  SUPREME 
COURT. 


The  United  States  Circuit  Court  of  Appeals, 
for  the  Circuit : 


Appellants, 


vs. 


Appellees. 


The  Circuit  Court  of  Appeals  for  the  Circuit  hereby 

certifies  to  the  Supreme  Court  of  the  United  States  that : 

This  is  an  appeal  from  the  District  Court  of  the District  of 

,  sitting  as  a  court  of  bankruptcy,  disallowing  a  claim  filed 

by  the  appellants  against  the  bankruptcy  estate  exceeding  five  hundred  dollars 
in  amount.     From  the  transcript  of  the  record  it  appears : 

First.    That  the Company  is  a  corporation  organized  and 

existing  under  the  laws  of  the  State  of ,  and  was  engaged  in 

business  at  the  City  of 

Second.    While  insolvent,  the  said  Company,  on  the day  of , 

19. .,  made  a  general  assignment  for  the  benefit  of  creditors,  under  the  general 

assignment  law  of  the  State  of ,  by  which  it  conveyed  to 

as  assignee,  all  of  its  property  of  every  kind,  for  the  equal  benefit  of  all  of  its 
creditors.  The  assignee  accepted  the  trust  and  duly  qualified  by  executing  a 
bond  and  taking  the  oath  prescribed  by  the  State  Statute,  and  entered  into 
possession  of  all  the  assigned  estate.  The  deed  of  assignment  provided  that 
the  assignee  should  pay  "  reasonable  counsel  and  attorney's  fees  for  preparing 
such  general  assignment  and  for  advice  and  services  to  be  furnished  and 
rendered  him  in  the  course  of  the  administration  of  the  trust  hereby  created." 

Within  four  months  after  this  deed  of  assignment  the Company, 

upon  a  petition  l)y  three  of  its  creditors,  was  adjudicated  a  bankrupt  in  the 

District  Court  of  the  United  States  for  the district  of 

,  and  the  assignment  set  aside  as  in  contravention  of  the  Bankruptcy 

Act.  A  trustee  was  thereafter  duly  appointed,  who  has  duly  qualified  and 
taken  possession  of  the  estate  of  said  bankrupt. 


FORMS  IN  BANKRUPTCY.  663 

Third.  The  appellants  filed  a  claim  against  the  bankrupt  estate  for 
professional  services  rendered  the  bankrupt  in  preparing  the  said  general 
assignment  for  the  benefit  of  creditors,  and  the  assignee  thereunder  in  advising 
and  acting  for  him  in  respect  to  his  duties  and  in  defending  a  suit  brought  to 
wind  up  the  corporation  in  a  State  (,'ourt,  and  for  services  rendered  the 
assignee  in  opposing  the  adjudication  of  bankruptcy. 

The  items  of  this  claim  were  as  follows : 


The  appellants  asserted  and  claimed  that  each  of  said  items  constituted  a  prior 
charge  upon  the  assets  and  asked  to  have  same  paid  by  the  trustee  in  preference 
to  the  unsecured  creditors.  The  trustee  and  certain  creditors  excepted  to  each 
item  of  this  account. 

The  referee  upon  the  evidence,  found  and  certified  that  the  services  had  been 
rendered  as  claimed  and  were  reasonably  worth  the  amount  claimed,  but  that 
the  same  did  not  constitute  expenses  allowable  as  a  priority  payment  and  were 

not  otherwise  a  lien.    He  allowed  the  item  of  $ as  an  unsecured  claim 

against  the  estate,  but  disallowed  the  other  items  as  not  being  debts  of  the 
bankrupt.  His  order  was  duly  excepted  to  and  the  questions  certified  to  the 
court  in  due  form.  The  District  Judge  sustained  the  referee  so  far  as  he  held 
the  claims  to  he  not  entitled  to  priority  and  adjudged  that  none  of  the  items 
constituted  a  debt,  provaljle  for  any  purpose  against  the  bankrupt  estate.  From 
this  judgment  the  appellants  have  appealed  and  assigned  error. 

Upon  this  state  of  facts  this  court  deesires  the  instruction  of  the  Supreme 
Court,  that  it  may  properly  decide  the  questions  of  law  thus  arising : 

First.  Is  a  claim  for  professional  services  rendered  to  a  bankrupt  corpora- 
iion  in  the  preparation  of  a  general  assignment,  valid  under  the  law  of  the 

State  of ,  entitled  to  be  paid  as  a  claim  entitled  to  priority 

•out  of  the  estate  of  the  corporation  in  the  hands  of  a  trustee  in  bankruptcy, 
when  the  corporation  was  adjudicated  an  involuntary  bankrupt  within  four 
months  after  making  the  assignment,  and  the  assignment  set  aside  as  in 
•contravention  of  the  bankruj^t  law  ? 

Second.  Is  a  claim  for  professional  advice  and  legal  services  rendered  such 
an  assignee,  prior  to  an  adjudication  of  bankruptcy  against  the  assignor,  the 
assignment  providing  that  the  costs  and  expenses  of  administering  the  trust 
should  1)6  first  paid,  entitled  to  be  proven  as  a  priority  claim  against  the 
bankrupt  estate? 

Third.  Is  a  claim  against  such  an  assignee  for  legal  services  rendered  at 
his  employment  in  resisting  an  adjudication  of  involuntary  bankruj^tcy  against 
the  assignor,  allowable  as  a  priority  claim  when  the  necessary  effect  of  the 
adjudication  would  be  to  set  aside  the  assignment  under  which  the  assignee  was 
acting  ? 


664  FORMS  IN  BANKRUPTCY. 

Fourth.  If  not  entitled  to  be  allowed  as  priority  claims,  may  either  of  the 
items  described  in  the  foregoing  questions  be  proven  as  unsecured  debts  of  the 
bankrupt  corporation  ? 

It  is,  therefore,  ordered  that  a  copy  of  this  certificate,  under  the  seal  of  the 
court,  be  filed  with  the  clerk  of  the  Supreme  Court  at  Washington. 


Judges  of  the  United  States  Circuit  Court  of  Appeals  for  the 

Circuit  sitting  in  said  cause. 

[Certificate  of  clerk  attached.] 

NOTES. 

Act  of  March  3,  1891;  26  Stat,  at  L.  826.     Bankruptcy  Act,  Sec.  25. 

Kaiidolph  V.  Scruggs  (U.  S.  Sup.j,  10  Am.  B.  R.  1 ;   190  U.  S.  533;  47  L.  Ed.  1165. 

Right  to  certify. 

Power  may  be  exercised  by  either  judges  of  Circuit  Court  of  Appeals,  or  district 
judge. 

If  from  District  Court,  the  question  certified  must  be  after  final  judgment  and  a 
question  of  jurisdiction  alone. 

Bardes  v.  First  Nat.  Bank  of  Hawarden.  3  Am.  B.  R.  680;  175  U.  S.  526;  44  L.  Ed. 
261. 

First  Nat  Bank  v.  Klug,  S  Am.  B.  R.  12;  186  U.  iS.  202;  46  L.  Ed.  1127.  Columbia 
Iron  Works  v.  Nat.  Lead  Co.  (C.  C.  A.  6th  Cir.),  11  Am.  B.  R.  340;  127  Fed.  99;  62 
C.  C.  A.  99. 

See,  also,  VanWagenen  v.  Sewall,  160  U.  S.  369;  40  L.  Ed.  460.  Maynard  v.  Hecht, 
151  U.  S.  324;  38  L.  Ed.  179.    McLish  v.  Roff,  141  U.  S.  661;  35  L.  Ed.  893. 

If  from  Circuit  Court  of  Appeals,  any  question  on  which  the  court  desires  instruc- 
tion may  be  certified.  Such  certificate  brings  up  only  questions  of  law.  Cross  v. 
Evans,  167  U.  S.  60;  42  L.  Ed.  77. 

Geo.  M.  West  Co.  v.  Lea  Bros.  &  Co.,  2  Am.  B.  R.  463;  174  U.  S.  590;  43  L.  Ed- 
1098. 

Bardes  v.  First  Nat.  Bank,  etc.  (supra). 
[Ed.  Note]. 

In  latter  form  of  certification,  no  appeal,  writ  of  error  or  appellate  process  is 
required.    In  this  it  differs  from  certification  of  jurisdictional  question  by  district  judge. 


THE  BANKRUPTCY  ACT  OF  1898 

WITH  AMENDMENTS  OF   1903,    1906   AND   1910. 


Ax  Act  to  Establish  a  Uniform  System  of    Bankruptcy 
Throughout  the  United  States. 

Approved  July  1,  1898;  Amendments  Approved  Feg.  5,  1903;  June  15,  1906 

and  June  25,  1910. 


£e  it  enacted  hy  the    Senate  and  House  of  Representatives  of  the  United 
/States  of  America  in  Congress  assembled : 


CHAPTER  I. 

DEFINITIONS. 

Section  1.  Meaning  of  Words  and  Phrases. 

a.  The  words  and  phrases  used  in  this  act  and  in  proceedings  pursuant 
hereto  shall,  unless  the  same  be  inconsistent  with  the  context,  be  construed 
as  follows:  (1)  "A  person  against  whom  a  petition  has  been  filed"  shall  in- 
clude a  person  who  has  filed  a  voluntary  petition;  (2)  "adjudication"  shall 
mean  the  date  of  the  entry  of  a  decree  that  the  defendant,  in  a  bankruptcy  pro- 
ceeding, is  a  bankrupt,  or  if  such  decree  is  appealed  from,  then  the  date  when 
such  decree  is  finally  confirmed;  (3)  '"^appellate  courts"  shall  include  the 
circuit  courts  of  appeals  of  the  United  States,  the  supreme  courts  of  the  Ter- 
ritories, and  the  Supreme  Court  of  the  United  States;  (4)  "bankrupt  "  shall 
include  a  person  against  whom  an  involuntary  petition  or  an  application  to  set 
a  composition  aside,  or  to  revoke  a  discharge  has  been  filed,  or  who  has  filed  a 
voluntary  petition,  or  who  has  been  adjudged  a  bankrupt;  (5)  "clerk"  shalt 
mean  the  clerk  of  a  court  of  bankruptcy;  (6)  "corporations"  shall  mean  all 
bodies  having  any  of  the  powers  and  privileges  of  private  corporations  not 
possessed  by  individuals  or  partnerships,  and  shall  include  limited  or  other 

Explanation. — Matter  in  italics  is  amendment  of  1910 

[665] 


666  THE  BANKKUPTCY  ACT  OF  1898. 

partnership  associations  organized  under  laws  making  the  capital  subscribed 
alone  responsible  for  the  debts  of  the  associations;  (7)  ""court"  shall  mean 
the  court  of  bankruptcy  in  which  the  proceedings  are  pending,  and  may  include 
the  referee;  (8)  "  courts  of  bankruptcy  "  shall  include  the  district  courts  of  the 
United  States  and  of  the  Territories,  the  supreme  court  of  the  District  of 
Columbia,  and  the  United  States  court  of  the  Indian  Territory,  and  of  Alaska; 

(9)  "creditor"  shall  include  anyone  who  owns  a  demand  or  claim  provable 
in  bankruptcy,  and  may  include  his  duly  authorized  agent,  attorney,  or  proxy ; 

(10)  "date  of  bankruptcy,"  or  ''time  of  bankruptcy,"  or  "commencement  of 
proceedings,"  or  "  bankruptcy,"  with  reference  to  time,  shall  mean  the  date 
when  the  petition  was  filed;  (11)  "debt  "  shall  include  any  debt,  demand,  or 
claim  provable  in  bankruptcy;  (12)  "discharge"  shall  mean  the  release  of  a 
bankrupt  from  all  of  his  debts  which  are  provable  in  bankruptcy,  except  such 
as  are  excepted  by  this  act;  (13)  "document"  shall  include  any  book,  deed, 
or  instrument  in  writing;  (14)  "holiday  "  shall  include  Christmas,  the  Fourth 
of  July,  the  Twenty-second  of  February,  and  any  day  appointed  by  the  Presi- 
dent of  the  United  States  or  the  Congress  of  the  United  States  as  a  holiday  or 
as  a  day  of  public  fasting  or  thanksgiving;  (15)  a  person  shall  be  deemed 
insolvent  within  the  provisions  of  this  act  whenever  the  aggregate  of  his  prop- 
erty, exclusive  of  any  property  which  he  may  have  conveyed,  transferred,  con- 
cealed, or  removed,  or  permitted  to  be  concealed  or  removed,  with  intent  to 
defraud,  hinder  or  delay  his  creditors,  shall  not,  at  a  fair  valuation,  be  sufficient 
in  amount  to  pay  his  debts;  (16)  "judge"  shall  mean  a  judge  of  a  court  of 
bankruptcy,  not  including  the  referee;  (17)  "oath  "  shall  include  affirmation  ; 
(18)  "officer"  shall  include  clerk,  marshal,  receiver,  referee,  and  trustee,  and 
the  imposing  of  a  duty  upon  or  the  forbidding  of  an  act  by  any  officer  shall 
include  his  successor  and  any  person  authorized  by  law  to  perform  the  duties  of 
such  officer;  (19)  "persons"  shall  include  corporations,  except  where  other- 
wise specified,  and  officers,  partnerships,  and  women,  and  when  used  with  refer- 
ence to  the  commission  of  acts  which  are  herein  forbidden  shall  include  persons 
who  are  participants  in  the  forbidden  acts,  and  the  agents,  officers,  and  mem- 
bers of  the  board  of  directors  or  trustees,  or  other  similar  controlling  bodies 
of  corporations;  (20)  "petition"  shall  mean  a  paper  filed  in  a  court  of  bank- 
ruptcy or  with  a  clerk  or  deputy  clerk  by  a  debtor  praying  for  the  benefits  of 
this  act,  or  by  creditors  alleging  the  commission  of  an  act  of  bankruptcy  by  a 
debtor  therein  named;  (21)  "referee"  shall  mean  the  referee  who  has  juris- 
diction of  the  case  or  to  whom  the  case  has  been  referred,  or  anyone  acting  in 
his  stead:  (22)  "conceal"  shall  include  secrete,  falsify,  and  mutilate;  (23) 
"  secured  creditor  "  shall  include  a  creditor  who  has  security  for  his  debts  upon 
the  property  of  the  bankrupt  of  a  nature  to  be  assignable  under  this  act,  or  who 
owns  such  a  debt  for  which  some  indorser,  surety,  or  other  persons  secondarily 
liable  for  the  bankrupt  has  such  security  upon  the  bankrupt's  assets;  (24) 
"  States  "  shall  include  the  Territories,  the  Indian  Territory,  Alaska,  and  the 
District  of  Columbia;  (25)  "transfer"  shall  include  the  sale  and  every  other 
and  different  mode  of  disposing  of  or  parti n;]^  with  property,  or  the  possession 


THE  BANKRUPTCY  ACT  OF  1898.  667 

of  property,  absolutely  or  conditionally,  as  a  payment,  pledge,  mortgage,  gift, 
or  security;  (26)  "  trustee  "  shall  include  all  of  the  trustees  of  an  estate;  (27) 
*'  wage-earner  "  shall  mean  an  individual  who  works  for  wages,  salary,  or  hire, 
at  a  rate  of  compensation  not  exceeding  one  thousand  five  hundred  dollars  per 
year;  (28)  words  importing  the  masculine  gender  may  be  applied  to  and  in- 
clude corporations,  partnerships,  and  women;  (29)  words  importing  the 
plural  number  may  be  applied  to  and  mean  only  a  single  person  or  thing; 
(30)  words  importing  the  singular  number  may  be  applied  to  and  mean  several 
persons  or  things. 


668  THE  BANKRUPTCY  ACT  OF  1898. 


CHAPTEE  11. 

CREATION  OF  COURTS  OF  BANKRUPTCY  AND  THEIR  JURISDICTION. 

§  2.  That  the  courts  of  bankruptcy  as  hereinbefore  defined,  viz.,  the  district 
courts  of  the  United  States  in  the  several  States,  the  supreme  court  of  the 
District  of  Columbia,  the  district  courts  of  the  several  Territories,  and  the 
United  States  courts  in  tlie  Indian  Territory  and  the  District  of  Alaska,  are 
hereby  made  courts  of  bankruptc}',  and  are  hereby  invested,  Mathin  their 
respective  territorial  limits  as  now  established,  or  as  they  may  be  hereafter 
changed,  with  such  jurisdiction  at  law  and  in  equity  as  will  enable  them  to 
exercise  original  jurisdiction  in  bankruptcy  proceedings,  in  vacation  in  cham- 
bers and  during  their  respective  terms,  as  they  are  now  or  may  be  hereafter 
held,  to  (1)  adjudge  persons  bankrupt  who  have  had  their  principal  place  of 
business,  resided,  or  had  their  domicile  within  their  respective  territorial 
jurisdictions  for  the  preceding  six  months,  or  the  greater  portion  thereof,  or 
who  do  not  have  their  principal  place  of  business,  reside,  or  have  their  domicile 
within  the  United  States,  but  have  property  within  their  jurisdictions,  or  who 
have  been  adjudged  bankrupts  by  courts  of  competent  jurisdiction  without  the 
United  States  and  have  property  within  their  jurisdiction;  (2)  allow  claims, 
disallow  claims,  reconsider  allowed  or  disallowed  claims,  and  allow  or  disallow 
them  against  bankrupt  estates;  (3)  appoint  receivers  or  the  marshals,  upon 
application  of  parties  in  interest,  in  case  the  courts  shall  find  it  absolutely 
necessary,  for  the  preservation  of  estates,  to  take  charge  of  the  property  of 
bankrupts  after  the  filing  of  the  petition  and  until  it  is  dismissed  or  the  trustee 
is  qualified  ;  (4)  arraign,  try,  and  punish  bankrupts,  officers,  and  other  persons, 
and  the  agents,  officers,  members  of  the  board  of  directors  or  trustees,  or  other 
similar  controlling  bodies  of  corporations  for  violations  of  this  act,  in  accord- 
ance with  the  laws  of  procedure  of  the  United  States  now  in  force,  or  such  as 
may  be  hereafter  enacted,  regulating  trials  for  the  alleged  violation  of  laws  of 
the  United  States;  (5)  authorize  the  business  of  bankrupts  to  be  conducted  for 
limited  periods  by  receivers,  the  marshals,  or  trustees,  if  necessary  in  the  best 
interests  of  the  estates,  and  allow  such  officers  additional  compensation  for 
such  services  as  provided  in  section  forty-eight  of  this  act;  (6)  bring  in  and 
substitute  additional  persons  or  parties  in  proceedings  in  bankruptcy  when 
necessary  for  the  complete  determination  of  a  matter  in  controversy;  (7) 
cause  the  estates  of  bankrupts  to  be  collected,  reduced  to  money  and  distributed, 
and  determine  controversies  in  relation  thereto,  except  as  herein  otherwise 
provided;  (8)  close  estates,  whenever  it  appears  that  they  have  been  fully 
administered,  by  approving  the  final  accounts  and  discharging  the  trustees, 
and  reopen  them,  whenever  it  appears  they  were  closed  before  being  fully  ad- 
ministered;   (9)    confirm  or  reject  compositions  between  debtors  and  their 


THE  BANKRUPTCY  ACT  OF  1898.  669 

creditors,  and  set  aside  compositions  and  reinstate  the  cases;  (10)  consider 
and  confirm,  modify  or  overrule,  or  return,  with  instructions  for  further 
proceedings,  records  and  findings  certified  to  them  by  referees;  (11)  determine 
all  claims  of  bankrupts  to  their  exemptions;  (13)  discharge  or  refuse  to  dis- 
charge bankrupts  and  set  aside  discharges  and  reinstate  the  cases;  (13)  en- 
force obedience  by  bankrupts,  officers,  and  other  persons  to  all  lawful  orders, 
by  fine  or  imprisonment  or  fine  and  imprisonment;  (14)  extradite  bankrupts 
from  their  respective  districts  to  other  districts;  (15)  make  such  orders,  issue 
such  process,  and  enter  such  judgments  in  addition  to  those  specifically  pro- 
vided for  as  may  be  necessary  for  the  enforcement  of  tlie  provisions  of  this 
act;  (1.6)  punish  persons  for  contempts  committed  before  referees;  (17)  pur- 
suant to  the  recommendation  of  creditors,  or  when  they  neglect  to  recommend 
the  appointment  of  trustees,  appoint  trustees,  and  upon  complaints  of  creditors, 
remove  trustees  for  cause  upon  hearings  and  after  notices  to  them;  (18)  tax 
costs,  whenever  they  are  allowed  by  law,  and  render  judgments  therefor  against 
the  unsuccessful  party,  or  the  successful  party  for  cause,  or  in  part  against  eacii 
of  the  parties,  and  against  estates,  in  proceedings  in  bankruptcy;  (19)  transfer 
cases  to  other  courts  of  bankruptcy;  and  (20)  exercise  ancillary  jurisdiction 
over  persons  or  property  tvitliin  their  respective  territorial  limits  in  aid  of  a 
receiver  or  trustee  appointed  in  any  hanhruptcy  proceedings  pending  in  any 
other  court  of  hanl-ruptcy.  ■ 

Nothing  in  this  section  contained  shall  be  construed  to  deprive  a  court  of 
bankruptcy  of  any  power  it  would  possess  were  certain  specific  powers  not 
herein  enumerated. 


670  THE  BANKRUPTCY  ACT  OF  1808. 

CHAPTER  III. 
BANKRUPTS. 

§  3.  Acts  of  Bankruptcy. 

a  Acts  of  bankruptcy  by  a  person  shall  consist  of  his  having  (1)  con- 
veyed, transferred,  concealed,  or  removed,  or  permitted  to  be  concealed  or 
removed,  any  part  of  his  property  with  intent  to  hinder,  delay,  or  defraud  his 
creditors,  or  any  of  them;  or  (2)  transferred,  while  insolvent,  any  portion 
of  his  property  to  one  or  more  of  his  creditors  with  intent  to  prefer  such 
creditors  over  his  other  creditors ;  or  (3)  suffered  or  permitted,  while  insolvent, 
any  creditor  to  obtain  a  preference  through  legal  proceedings,  and  not  having 
at  least  five  days  before  a  sale  or  final  disposition  of  any  property  affected  by 
such  preference  vacated  or  discharged  such  preference;  or  (4)  made  a  general 
assignment  for  the  benefit  of  his  creditors,  or,  being  insolvent,  applied  for  a 
receiver  or  trustee  for  his  property  or  because  of  insolvency  a  receiver  or  trustee 
has  been  put  in  charge  of  his  property  under  the  laws  of  a  State,  of  a  Territory, 
or  of  the  United  States;  or  (5)  admitted  in  writing  his  inability  to  pay  his 
debts  and  his  willingness  to  be  adjudged  a  bankrupt  on  that  ground. 

h  A  petition  may  be  filed  against  a  person  who  is  insolvent  and  who  has 
committed  an  act  of  bankruptcy  within  four  months  after  the  commission  of 
such  act.  Such  time  shall  not  expire  until  four  months  after  (1)  the  date  of 
the  recording  or  registering  of  the  transfer  or  assignment  when  the  act  con- 
sists in  having  made  a  transfer  of  any  of  his  property  with  intent  to  hinder, 
delay,  or  defraud  his  creditors  or  for  the  purpose  of  giving  a  preference  as 
hereinbefore  provided,  or  a  general  assignment  for  the  benefit  of  his  creditors, 
if  by  law  such  recording  or  registering  is  required  or  permitted,  or,  if  it  is  cot, 
from  the  date  when  the  beneficiary  takes  notorious,  exclusive,  or  continuous 
possession  of  the  property  unless  the  petitioning  creditors  have  received  actual 
notice  of  such  transfer  or  assignment. 

c  It  shall  be  a  complete  defense  to  any  proceedings  in  bankruptcy  instituted 
under  the  first  subdivision  of  this  section  to  allege  and  prove  that  the  party 
proceeded  against  was  not  insolvent  as  defined  in  this  act  at  the  time  of  the 
filing  the  petition  against  him,  and  if  solvency  at  such  date  is  proved  by  the 
alleged  bankrupt  the  proceedings  shall  be  dismissed,  and  under  said  subdivision 
one  the  burden  of  proving  solvency  shall  be  on  the  alleged  bankrupt. 

d  Whenever  a  person  against  whom  a  petition  has  been  filed  as  hereinbefore 
provided  under  the  second  and  third  subdivisions  of  this  section  takes  issue 
with  and  denies  the  allegation  of  his  insolvency,  it  shall  be  his  duty  to  appear 
in  court  on  the  hearing,  with  his  books,  papers,  and  accounts,  and  submit  to  an 
examination,  and  give  testimony  as  to  all  matters  tending  to  establish  solvency 
or  insolvency,  and  in  case  of  his  failure  to  so  attend  and  submit  to  examination 
the  burden  of  proving  his  solvency  shall  rest  upon  him. 


THE  BANKRUPTCY  ACT  OF  1898.  671 

e  Whenever  a  petition  is  filed  by  any  person  for  the  purpose  of  having  an- 
other adjudged  a  bankrupt,  and  an  application  is  made  to  take  charge  of  and 
hold  the  property  of  the  alleged  bankrupt,  or  any  part  of  the  same,  prior  to  the 
adjudication  and  pending  a  hearing  on  the  petition,  the  petitioner  or  applicant 
shall  file  in  the  same  court  a  bond  with  at  least  two  good  and  sufficient  sureties 
who  shall  reside  within  the  jurisdiction  of  said  court,  to  be  approved  by  the 
court  or  a  judge  thereof,  in  such  sum  as  the  court  shall  direct,  conditioned  for 
the  payment,  in  case  such  petition  is  dismissed,  to  the  respondent,  his  or  her 
personal  representatives,  all  costs,  expenses,  and  damages  occasioned  by  such 
seizure,  taking,  and  detention  of  the  property  of  the  alleged  bankrupt. 

If  such  petition  be  dismissed  by  the  court  or  withdrawn  by  the  petitioner, 
the  respondent  or  respondents  shall  be  allowed  all  costs,  counsel  fees,  expenses, 
and  damages  occasioned  by  such  seizure,  taking,  or  detention  of  such  property. 
Counsel  fees,  costs,  expenses,  and  damages  shall  be  fixed  and  allowed  by  the 
court,  and  paid  by  the  obligors  in  such  bond. 

§  4.  Who  may  become  bankrupts. 

a  Any  person,  except  a  municipal,  railroad,  insurance,  or  hanlcing  corpora- 
tion, shall  be  entitled  to  the  benefits  of  this  Act  as  a  voluntary  bankrupt. 

b  Any  natural  person,  except  a  ivage-earner  or  a  person  engaged  chief y 
in  farming  or  the  tillage  of  the  soil,  any  unincorporated  company,  and  am/ 
moneyed,  business,  or  commercial  corporation,  except  a  municipal,  railroad,  in- 
surance, or  banking  corporation,  owing  debts  to  the  amount  of  one  thousand 
dollars  or  over,  may  be  adjudged  an  involuntary  bankrupt  upon  default  or  an 
impartial  trial,  and  shall  be  subject  to  the  provisions  and  entitled  to  the  benefits 
of  this  Act. 

The  bankruptcy  of  a  corporation  shall  not  release  its  officers,  directors, 
or  stockholders,  as  such,  from  any  liability  under  the  lavrs  of  a  State  or 
Territory  or  of  the  United  States. 

§  5.  Partners. 

a  A  partnership,  during  the  continuation  of  the  partnership  business,  or 
after  its  dissolution  and  before  the  final  settlement  thereof,  may  be  adjudged 
a  bankrupt. 

b  The  creditors  of  the  partnership  shall  appoint  the  trustee;  in  other 
respects  so  far  as  possible  the  estate  shall  be  administered  as  herein  provided 
for  other  estates. 

c  The  court  of  bankruptcy  which  has  jurisdiction  of  one  of  the  partners  may 
have  jurisdiction  of  all  the  partners  and  of  the  administration  of  the  partner- 
ship and  individual  property. 

d  The  trustee  shall  keep  separate  accounts  of  the  partnership  property  and 
of  the  property  belonging  to  the  individual  partners. 

e  The  expenses  shall  be  paid  from  the  partnership  property  and  the  indi- 
vidual property  in  such  proportions  as  the  court  shall  determine. 

/  The  net  proceeds  of  the  partnership  property   shall  be  appropriated  to 


672  THE  BANKRUPTCY  ACT  OF  1898. 

the  payment  of  the  partnership  debts,  and  the  net  proceeds  of  the  individual 
estate  of  each  partner  to  the  payment  of  his  individual  debts.  Should  any 
surplus  remain  of  the  property  of  any  partner  after  paying  his  individual 
debts,  such  surplus  shall  be  added  to  the  partnership  assets  and  be  applied 
to  the  payment  of  the  partnership  debts.  Should  any  surplus  of  the  part- 
nership property  remain  after  paying  the  partnership  debts,  such  surplus 
shall  be  added  to  the  assets  of  the  individual  partners  in  the  proportion  of 
their  respective  interests  in  the  partnership. 

g  The  court  may  permit  the  proof  of  the  claim  of  the  partnership  estate 
against  the  individual  estates,  and  vice  versa,  and  may  marshal  the  assets  of 
the  partnership  estate  and  individual  estates  so  as  to  prevent  preferences  and 
secure  the  equitable  distribution  of  the  j^roperty  of  the  several  estates. 

li  In  the  event  of  one  or  more  but  not  all  of  the  members  of  a  partnership 
being  adjudged  bankrupt,  the  j^artnership  property  shall  not  be  administered 
in  bankruptcy,  unless  by  consent  of  the  partner  or  partners  not  adjudged 
bankrupt;  but  such  partner  or  partners  not  adjudged  bankrupt  shall  settle 
the  partnership  business  as  expeditiously  as  its  nature  will  permit,  and  ac- 
count for  the  interest  of  the  partner  or  partners  adjudged  bankrupt. 

§  G.  Exemptions  of  Bankrupts. 

a  This  act  shall  not  aifect  the  allowance  to  bankrupts  of  the  exemptions 
which  are  prescribed  by  the  State  laws  in  force  at  the  time  of  the  filing  of  the 
petition  in  the  State  wherein  they  have  had  their  domicile  for  the  six  months  or 
the  greater  portion  thereof  immediately  preceding  the  filing  of  the  petition. 

^  7.  Duties  of  Bankrupts. 

a  The  bankrupt  shall  (1)  attend  the  first  meeting  of  his  creditors,  if 
directed  by  the  court  or  a  judge  thereof  to  do  so,  and  the  hearing  upon  his 
application  for  a  discharge,  if  filed;  (2)  comply  with  all  lawful  orders  of  the 
court;  (3)  examine  the  correctness  of  all  proofs  of  claims  filed  against  his 
estate;  (4)  execute  and  deliver  such  papers  as  shall  be  ordered  by  the  court; 
(5)  execute  to  his  trustee  transfers  of  all  his  property  in  foreign  countries;  (6) 
immediately  inform  his  trustee  of  any  attempt,  by  his  creditors  or  other 
persons,  to  evade  the  provisions  of  this  act,  coming  to  his  knowledge;  (7)  in 
case  of  any  persons  having  to  his  knowledge  proved  a  false  claim  against  his 
estate,  disclose  that  fact  immediately  to  his  trustee;  (8)  prepare,  make  oath  to, 
and  file  in  court  within  ten  days,  unless  further  time  is  granted,  after  the 
adjudication,  if  an  involuntary  bankrupt,  and  with  the  petition  if  a  voluntary 
bankrupt,  a  schedule  of  his  property,  showing  the  amount  and  kind  of  property, 
the  location  thereof,  its  money  value  in  detail,  and  a  list  of  his  creditors,  show- 
ing their  residences,  if  known,  if  unknown,  that  fact  to  be  stated,  the  amounts 
due  each  of  them,  the  consideration  thereof,  the  security  held  by  them,  if  any, 
and  a  claim  for  such  exemptions  as  he  may  be  entitled  to,  all  in  triplicate,  one 
copy  of  each  for  the  clerk,  one  for  the  referee,  and  one  for  the  trustee ;  and  (9) 
when  present  at  the  first  meeting  of  his  creditors,  and  at  such  other  times  as  tlie 


THE  BANKRUPTCY  ACT  OF  1898.  673 

court  shall  order,  submit  to  an  examination  concerning  the  conducting  of  his 
business,  the  cause  of  his  bankruptcy,  his  dealings  with  his  creditors  and  other 
persons,  the  amount,  kind,  and  whereabouts  of  his  property,  and,  in  addition, 
all  matters  which  may  affect  the  administration  and  settlement  of  his  estate; 
but  no  testimony  given  by  him  shall  be  offered  in  evidence  against  him  in  any 
criminal  proceeding. 

Provided,  however,  That  he  shall  not  be  required  to  attend  a  meeting  of 
his  creditors,  or  at  or  for  an  examination  at  a  place  more  than  one  hundred 
and  fifty  miles  distant  from  his  home  or  principal  place  of  business,  or  to 
examine  claims  except  when  presented  to  him,  unless  ordered  by  the  court, 
or  a  judge  thereof,  for  cause  shown,  and  the  bankrupt  shall  be  paid  his  actual 
expenses  from  the  estate  when  examined  or  required  to  attend  at  any  place 
other  than  the  city,  town,  or  village  of  his  residence. 


§  8.  Death  or  Insanity  of  Bankrupts. 

a  The  death  or  insanity  of  a  bankrupt  shall  not  abate  the  proceedings,  but 
the  same  shall  be  conducted  and  conclude  in  the  same  manner,  so  far  as 
possible,  as  though  he  had  not  died  or  become  insane:  Provided,  That  in  case 
of  death  the  widow  and  children  shall  be  entitled  to  all  rights  of  dower  and 
allowance  fixed  by  the  laws  of  the  State  of  the  bankrupt's  residence. 


§  9.  Protection  and  Detention  of  Bankrupts. 

a  A  bankrupt  shall  be  exempt  from  arrest  upon  civil  process  except  in  the 
following  cases:  (1)  When  issued  from  a  court  of  bankruptcy  for  contempt 
or  disobedience  of  its  lawful  orders;  (2)  when  issued  from  a  State  court  hav- 
ing jurisdiction,  and  served  within  such  State,  upon  a  debt  or  claim  from 
which  his  discharge  in  bankruptcy  would  not  be  a  release,  and  in  such  case  he 
shall  be  exempt  from  such  arrest  when  in  attendance  upon  a  court  of  bank- 
ruptcy or  engaged  in  the  performance  of  a  duty  imposed  by  this  act. 

6  The  judge  may,  at  any  time  after  the  filing  of  a  petition  by  or  against 
a.  person,  and  before  the  expiration  of  one  month  after  the  qualification  of 
the  trustee,  upon  satisfactory  proof  by  the  affidavits  of  at  least  two  persons 
that  such  bankrupt  is  about  to  leave  the  district  in  which  he  resides  or  has 
his  principal  place  of  business  to  avoid  examination,  and  that  his  departure 
will  defeat  the  proceedings  in  bankruptcy,  issue  a  warrant  to  the  marshal, 
directing  him  to  bring  such  bankrupt  forthwith  before  the  court  for  ex- 
amination. If  upon  hearing  the  evidence  of  the  parties  it  shall  appear  to 
the  court  or  a  judge  thereof  that  the  allegations  are  true  and  that  it  is 
necessary,  he  shall  order  such  marshal  to  keep  such  bankrupt  in  custody  not 
exceeding  ten  days,  but  not  imprison  him,  until  he  shall  be  examined  and 
released  or  give  bail  conditioned  for  his  appearance  for  examination,  from 
time  to  time,  not  exceeding  in  all  ten  days,  as  required  by  the  court,  and  for 
his  obedience  to  all  lawful  orders  made  in  reference  thereto. 


674  THE  BANKRUPTCY  ACT  OF  1898. 

§  10.  Extradition  of  Bankrupts. 

a  Whenever  a  warrant  for  the  apprehension  of  a  bankn;pt  shall  have  been 
issued,  and  he  shall  have  been  found  within  the  jurisdiction  of  a  court  other 
than  the  one  issuing  the  warrant,  he  may  be  extradited  in  the  same  manner  in 
which  persons  under  indictment  are  now  extradited  from  one  district  within 
which  a  district  court  has  jurisdiction  to  another. 


§  11.  Suits  by  and  against  Bankrupts. 

a  A  suit  which  is  founded  upon  a  claim  from  w^hich  a  discharge  would  be 
a  release,  and  which  is  pending  against  a  person  at  the  time  of  the  filing  of  a 
petition  against  him,  shall  be  stayed  until  after  an  adjudication  or  the  dismissal 
of  the  petition ;  if  such  person  is  adjudged  a  bankrupt,  such  action  may  bo 
further  stayed  until  twelve  months  after  the  date  of  such  adjudication,  or,  if 
within  that  time  such  person  applies  for  a  discharge,  then  until  the  question  of 
such  discharge  is  determined. 

&  The  court  may  order  the  trustee  to  enter  his  appearance  and  defend  any 
pending  suit  against  the  bankrupt. 

c  A  trustee  may,  with  the  approval  of  the  court,  be  permitted  to  prosecute 
as  trustee  any  suit  commenced  by  the  bankrupt  prior  to  the  adjudication,  with 
like  force  and  effect  as  though  it  had  been  commenced  by  him. 

d  Suits  shall  not  be  brought  by  or  against  a  trustee  of  a  bankrupt  estate 
subsequent  to  two  years  after  the  estate  has  been  closed. 

§  12.  Compositions,  -when  Confirmed. 

a  A  bankrupt  may  offer,  either  before  or  after  adjudication,  terms  of  com- 
position to  his  creditors  after,  but  not  before,  he  has  been  examined  in  open 
court  or  at  a  meeting  of  his  creditors,  and  has  filed  in  court  tJie  schedule  of  his 
property  and  the  list  of  his  creditors  required  to  be  filed  by  bankrupts.  In 
compositions  before  adjudication  the  bankrupt  shall  file  the  required  schedules, 
and  thereupon  the  court  shall  call  a  meeting  of  creditors  for  the  allowance  of 
claims,  examination  of  the  bankrupt,  and  preservation  or  conduct  of  estates, 
at  which  meeting  the  judge  or  referee  shall  preside;  and  action  upon  the 
petition  for  adjudication,  shall  be  delayed  until  it  shall  be  determined  whetlier 
such  composition  shall  be  confirmed. 

b  An  application  for  the  confirmation  of  a  composition  may  be  filed  in  the 
court  of  bankruptcy  after,  but  not  before,  it  has  been  accepted  in  writing  by 
a  majority  in  number  of  all  creditors  whose  claims  have  been  allowed,  wliicli 
number  must  represent  a  majority  in  amount  of  such  claims,  and  the  con- 
sideration to  be  paid  by  the  bankrupt  to  his  creditors,  and  tlie  money  neces- 
sary to  pay  all  debts  which  have  priority  and  the  cost  of  the  proceedings, 
have  been  deposited  in  such  place  as  shall  be  designated  by  and  subject  to  the 
order  of  the  judge. 

c  A  date  and  place,  with  reference  to  the  convenience  of  the  parties  in 
interest,  shall  be  fixed  for  the  hearing  upon  each  application  for  the  con- 


THE  BANKRUPTCY  ACT  OF  1898.  675 

firmation  of  a  composition,  and  such  objections  as  may  be  made  to  its 
confirmation. 

d  The  judge  shall  confirm  a  composition  if  satisfied  that  (1)  it  is  for  the 
best  interests  of  the  creditors;  (2)  the  bankrupt  has  not  been  guilty  of  any 
of  the  acts  or  failed  to  perform  any  of  the  duties  which  would  be  a  bar 
to  his  discharge;  and  (3)  the  offer  and  its  acceptance  are  in  good  faith  and 
have  not  been  made  or  procured  except  as  herein  provided,  or  by  any  means, 
promises,  or  acts  herein  forbidden. 

e  Upon  the  confirmation  of  a  composition,  the  consideration  shall  be  dis- 
tributed as  the  judge  shall  direct,  and  the  case  dismissed.  Whenever  a  com- 
position is  not  confirmed,  the  estate  shall  be  administered  in  bankruptcy  as 
herein  provided. 

§  13.   Compositions,  -when  Set  Aside. 

a  The  judge  may,  upon  the  application  of  parties  in  interest  filed  at  any 
time  within  six  months  after  a  composition  has  been  confirmed,  set  the  same 
aside  and  reinstate  tiie  case  if  it  shall  be  made  to  appear  upon  a  trial  that 
fraud  was  practiced  in  the  procuring  of  such  composition,  and  that  the  knowl- 
edge thereof  has  come  to  the  petitioners  since  the  confirmation  of  such  com- 
])osition. 

§  14.  Discharges,  -when  Granted. 

a  Any  person  may,  after  the  expiration  of  one  month  and  within  the  next 
twelve  months  subsequent  to  being  adjudged  a  bankrupt,  file  an  application  for 
a  discharge  in  the  court  of  bankruptcy  in  which  the  proceedings  are  pending; 
if  it  shall  be  made  to  appear  to  the  judge  that  the  bankrupt  was  unavoidal)ly 
prevented  from  filing  it  witliin  such  time,  it  may  be  filed  within  but  not  after 
the  expiration  of  the  next  six  months. 

1)  The  judge  shall  hear  the  application  for  a  discharge  and  such  proofs  and 
pleas  as  may  he  made  in  opposition  thereto  by  the  trustee  or  other  parties  in 
inferest,  at  such  time  as  tvill  give  the  trustee  or  parties  in  interest  a  reasonahJe 
opportunity  to  he  fully  heard,  and  investigate  the  merits  of  the  application  and 
discharge  the  applicant  unless  he  has  (1)  committed  an  offense  punishable  by 
imprisonment  as  herein  provided;  or  (2)  t:ith  intent  to  conceal  his  financial 
condition,  destroyed,  concealed,  or  failed  to  keep  hooks  of  account  or  records 
from  which  such  condition  might  be  ascertained;  or  (3)  obtained  money  or 
property  on  credit  upon  a  materially  false  statement  in  wriling,  made  by  him 
to  any  person  or  his  representative  for  the  purpose  of  obtaining  credit  from 
such  person;  or  (4)  at  any  time  subsequent  to  the  first  day  of  the  four  months 
immediately  preceding  the  filing  of  the  petition  transferred,  removed,  destroyed, 
or  concealed,  or  permitted  to  he  removed,  destroyed,  or  concealed,  any  of  his 
property,  with  intent  to  hinder,  delay,  or  defraud  his  creditors;  or  (5)  in 
voluntary  proceedings  been  granted  a  discharge  in  bankruptcy  within  six 
years;  or  (6)  in  the  course  of  the  proceedings  in  bankruptcy  refused  to  obey 
any  lawful  order  of,  or  to  answer  any  material  question  approved  by  the  court: 


676  THE  BANKRUPTCY  ACT  OF  1898. 

Provided,  That  a  trustee  shall  not  interpose  objections  to  a  bankrupt's  dis- 
charge until  he  shall  be  authorized  so  to  do  at  a  meeting  of  creditors  called  for 
that  purpose. 

c  The  confirmation  of  a  composition  shall  discharge  the  bankrupt  from  his 
debts,  other  than  those  agreed  to  be  paid  by  the  terms  of  the  composition 
and  those  not  affected  by  a  discharge. 

§  15.  Discharges,  -when  Revoked. 

a  The  judge  may,  upon  the  application  of  parties  in  interest  who  have  not 
been  guilty  of  undue  laches,  filed  at  any  time  within  one  year  after  a  discharge 
shall  have  been  granted,  revoke  it  upon  a  trial  if  it  shall  be  made  to  appear  that 
it  was  obtained  through  the  fraud  of  the  bankrupt,  and  that  the  knowledge  of 
the  fraud  has  come  to  the  petitioners  since  the  granting  of  the  discharge,  and 
that  the  actual  facts  did  not  warrant  the  discharge. 

§  16.   Co-Debtors  of  Bankrupts. 

a  The  liability  of  a  person  who  is  a  co-debtor  with,  or  guarantor  or  in  any 
manner  a  surety  for,  a  bankrupt  shall  not  be  altered  by  the  discharge  of  such 
bankrupt. 

g  17.  Debts  not  Affected  by  a  Discharge. 

a  A  discharge  in  bankruptcy  shall  release  a  bankrupt  from  all  of  his 
provable  debts,  except  such  as  (1)  are  due  as  a  tax  levied  by  the  United  States, 
the  State,  county,  district,  or  municipality  in  which  he  resides;  (2)  are 
liabilities  for  obtaining  property  by  false  pretenses  or  false  representations,  or 
for  wilful  and  malicious  injuries  to  the  person  or  property  of  another,  or  for 
alimony  due  or  to  become  due,  or  for  maintenance  or  support  of  wife  or  child, 
or  for  seduction  of  an  unmarried  female,  or  for  criminal  conversation;  (3) 
have  not  been  duly  scheduled  in  time  for  proof  and  allowance,  with  the  name 
of  the  creditor  if  known  to  the  bankrupt,  unless  such  creditor  had  notice  or 
actual  knowledge  of  t>.e  proceedings  in  bankruptcy ;  or  (4)  were  created  by  his 
fraud,  embezzlement,  misappropriation,  or  defalcation  while  acting  as  an  officer 
or  in  any  fiduciary  capacity. 


THE  BANKRUPTCY  ACT  OP  1898.  677 


CHAPTER  IV. 
COURTS  AND  PROCEDURE  THEREIN. 

§  18.  Process,  Pleadings,  and  Adjudications. 

a  Upon  the  filing  of  a  petition  for  involuntary  bankruptcy,  service  thereof, 
with  a  writ  of  subpoena,  shall  be  made  upon  the  person  therein  named  as 
defendant  in  the  same  manner  that  service  of  such  process  is  now  had  upon  the 
commencement  of  a  suit  in  equity  in  the  courts  of  the  United  States,  except 
that  it  shall  be  returnable  within  fifteen  days,  unless  the  judge  shall  for  cause 
fix  a  longer  time ;  but  in  case  personal  service  cannot  be  made,  then  notice  shall 
be  given  by  publication  in  the  same  manner  and  for  the  same  time  as  provided 
by  law  for  notice  by  publication  in  suits  to  enforce  a  legal  or  equitable  lien  in 
courts  of  the  United  States,  except  that,  unless  the  judge  shall  otherwise  direct, 
the  order  shall  be  published  not  more  than  once  a  week  for  two  consecutive 
weeks,  and  the  return  day  shall  be  ten  days  after  the  last  publication  unless  the 
judge  shall  for  cause  fix  a  longer  time. 

&  The  bankrupt,  or  any  creditor,  may  appear  and  plead  to  the  petition 
within  five  days  after  the  return  day,  or  within  such  further  time  as  the  court 
may  allow. 

c  All  pleadings  setting  up  matters  of  fact  shall  be  verified  under  oath. 

d  If  the  bankrupt,  or  any  of  his  creditors,  shall  appear,  within  the  time 
limited,  and  controvert  the  facts  alleged  in  the  petition,  the  judge  shall  de- 
termine, as  soon  as  may  be,  the  issues  presented  by  the  pleadings,  without  the 
intervention  of  a  jury,  except  in  cases  where  a  jury  trial  is  given  by  this  act, 
and  make  the  adjudication  or  dismiss  the  petition. 

e  If  on  the  last  day  within  which  pleadings  may  be  filed  none  are  filed  by 
the  bankrupt  or  any  of  his  creditors,  the  judge  shall  on  the  next  day,  if 
present,  or  as  soon  thereafter  as  practicable,  make  the  adjudication  or  dismiss 
the  petition. 

/  If  the  judge  is  absent  from  the  district,  or  the  division  of  the  district  in 
which  the  petition  is  pending,  on  the  next  day  after  the  last  day  on  which 
pleadings  may  be  filed,  and  none  have  been  filed  by  the  bankrupt  or  any  of 
his  creditors,  the  clerk  shall  forthwith  refer  the  case  to  the  referee. 

g  Upon  the  filing  of  a  voluntary  petition  the  judge  shall  hear  the  petition 
and  make  the  adjudication  or  dismiss  the  petition.  If  the  judge  is  absent 
from  the  district,  or  the  division  of  the  district  in  which  the  petition  is  filed 
at  the  time  of  the  filing,  the  clerk  shall  forthwith  refer  the  case  to  the  referee. 

§  19.  Jury  Trials. 

a  A  person  against  whom  an  involuntary  petition  has  been  filed  shall  be 
entitled  to  have  a  trial  by  jury,  in  respect  to  the  question  of  his  insolvency. 


678  THE  BANKKUPTCY  ACT  OF  1898. 

except  as  herein  otherwise  provided,  and  any  act  of  bankruptcy  alleged  in  such 
petition  to  have  been  committed,  upon  filing  a  written  application  therefor  at  or 
before  the  time  within  which  an  answer  may  be  filed.  If  such  application  is 
not  filed  within  such  time,  a  trial  by  jury  shall  be  deemed  to  have  been  waived. 

6  If  a  jury  is  not  in  attendance  upon  the  court,  one  may  be  specially  sum- 
moned for  the  trial,  or  the  case  may  be  postponed,  or,  if  the  case  is  pending 
in  one  of  the  district  courts  within  the  jurisdiction  of  a  circuit  court  of  the 
United  States,  it  may  be  certified  for  trial  to  the  circuit  court  sitting  at  the 
same  place,  or  by  consent  of  parties  when  sitting  at  any  other  place  in  the 
same  district,  if  such  circuit  court  has  or  is  to  have  a  jury  first  in  attendance. 

c  The  right  to  submit  matters  in  controversy,  or  an  alleged  offense  under 
this  act,  to  a  jury  shall  be  determined  and  enjoyed,  except  as  provided  by 
this  act,  according  to  the  United  States  laws  now  in  force  or  such  as  may 
be  hereafter  enacted  in  relation  to  trials  by  jury. 

§  20.   Oaths,  Affirmations. 

a  Oaths  required  by  this  act,  except  upon  hearings  in  court,  may  be  adminis- 
tered by  (1)  referees;  (2)  officers  authorized  to  administer  oaths  in  proceed- 
ings before  the  courts  of  the  United  States,  or  under  the  laws  of  the  State 
where  the  same  are  to  be  taken;  and  (3)  diplomatic  or  consular  officers  of  the 
United  States  in  any  foreign  country. 

h  Any  person  conscientiously  opposed  to  taking  an  oath  may,  in  lieu 
thereof,  affirm.  Any  person  who  shall  affirm  falsely  shall  be  punished  as  for 
the  making  of  a  false  oath. 

g  21.  Evidence. 

a  A  court  of  bankruptcy  may,  upon  application  of  any  officer,  bankrupt,  or 
creditor,  by  order  require  any  designated  person,  including  the  bankrupt  and 
his  wife,  to  appear  in  court  or  before  a  referee  or  the  judge  of  any  State  court, 
to  be  examined  concerning  the  acts,  conduct,  or  property  of  a  bankrupt  whose 
estate  is  in  process  of  administration  under  this  act :  Provided,  That  the  wife 
may  be  examined  only  touching  business  transacted  by  her  or  to  which  she  is  a 
party,  and  to  determine  the  fact  whether  she  has  transacted  or  been  a  party  to 
any  business  of  the  bankrupt. 

h  The  right  to  take  depositions  in  proceedings  under  this  act  shall  be  de- 
termined and  enjoyed  according  to  the  United  States  laws  now  in  force,  or 
such  as  may  be  hereafter  enacted  relating  to  the  taking  of  depositions,  except 
as  herein  provided. 

c  Notice  of  the  taking  of  depositions  shall  be  filed  with  the  referee  in 
every  case.  When  depositions  are  to  be  taken  in  opposition  to  the  allowance 
of  a  claim  notice  shall  also  be  served  upon  the  claimant,  and  when  in  opposi- 
tion to  a  discharge  notice  shall  also  be  served  upon  the  bankrupt. 

d  Certified  copies  of  proceedings  before  a  referee,  or  of  papers,  when  issued 
by  the  clerk  or  referee,  shall  be  admitted  as  evidence  with  like  force  and 
effect  as  certified  copies  of  the  records  of  district  courts  of  the  United  States 
are  now  or  may  hereafter  be  admitted  as  evidence. 


THE  BANKRUPTCY  ACT  OF  1898.  679 

e  A  certified  copy  of  the  order  approving  the  bond  of  a  trustee  shall  consti- 
tute conclusive  evidence  of  the  vesting  in  him  of  the  title  to  the  property  of 
the  bankrupt,  and  if  recorded  shall  impart  the  same  notice  that  a  deed  from 
the  bankrupt  to  the  trustee  if  recorded  would  have  imparted  had  not  bank- 
ruptcy proceedings  intervened. 

I  A  certified  copy  of  an  order  confirming  or  setting  aside  a  composition, 
or  granting  or  setting  aside  a  discharge,  not  revoked,  shall  be  evidence  of 
the  jurisdiction  of  the  court,  the  regularity  of  the  proceedings,  and  of  the 
fact  that  the  order  was  made. 

g  A  certified  copy  of  an  order  confirming  a  composition  shall  constitute 
evidence  of  the  revesting  of  the  title  of  his  property  in  the  bankrupt,  and  if 
recorded  shall  impart  the  same  notice  that  a  deed  from  the  trustee  to  the 
bankrupt  if  recorded  would  impart. 

§  23.  Reference  of  Cases  after  Adjudication. 

a  After  a  person  has  been  adjudged  a  bankrupt  the  judge  may  cause  the 
trustee  to  proceed  with  the  administration  of  the  estate,  or  refer  it  (1) 
generally  to  the  referee  or  specially  with  only  limited  authority  to  act  in  the 
premises  or  to  consider  and  report  upon  specified  issues;  or  (2)  to  any  referee 
within  the  territorial  jurisdiction  of  the  court,  if  the  convenience  of  parties  iu 
interest  Avill  be  served  thereby,  or  for  cause,  or  if  the  bankrupt  does  not  do 
business,  reside,  or  have  his  domicile  in  the  district. 

1)  The  judge  may,  at  any  time,  for  the  convenience  of  parties  or  for  cause, 
transfer  a  case  from  one  referee  to  another. 

g  23.  Jurisdiction  of  United  States  and  State  Courts. 

a  The  United  States  circuit  courts  shall  have  jurisdiction  of  all  controversies 
at  law  and  in  etiuity.  as  distinguished  from  proceedings  in  bankruptcy,  between 
trustees  as  such  and  adverse  claimants  concerning  the  property  acquired  or 
claimed  by  the  trustees,  in  the  same  manner  and  to  the  same  extent  only  as 
though  bankruptcy  ]iroceedings  had  not  been  instituted  and  such  controversies 
had  been  between  the  bankrupts  and  such  adverse  claimants. 

/;  Suits  by  the  trustee  shall  only  be  brought  or  prosecuted  in  the  courts 
where  the  bankrupt,  whose  estate  is  being  administered  by  such  trustee, 
might  have  brouglil  or  prosecuted  them  if  proceedings  in  bankruptcy  had  not 
been  instituted,  unless  by  consent  of  the  proposed  defendant,  except  suits  for 
the  recovery  of  pio])erty  under  section  sixty.  sub(li\ision  b;  section  sixty-seven, 
subdivision  e;  and  section  seveniij :  subdivision  e. 

c  The  United  States  circuit  courts  shall  have  concurrent  jurisdiction  with 
the  courts  of  bankruptcy,  within  their  respective  territorial  limits,  of  the 
offenses  enumerated  in  this  act. 

§  24.  Jurisdiction  of  Appellate  Courts. 

a  The  Supreme  Court  of  the  Ignited  States,  the  circuit  courts  of  appeals  of 
the  T'nited  States,  and  the  supreme  courts  of  the  Territories,  in  vacation  ia 


680  THE  BANKEUPTCY  ACT  OF  1898. 

chambers  and  during  their  respective  terms,  as  now  or  as  they  may  be  hereafter 
held,  are  hereby  invested  with  appellate  jurisdiction  of  controversies  arising  in 
bankruptcy  proceedings  from  the  courts  of  bankruptcy  from  which  they  have 
appellate  jurisdiction  in  other  cases.  The  Supreme  Court  of  the  United  States 
shall  exercise  a  like  jurisdiction  from  courts  of  bankruptcy  not  within  any 
organized  circuit  of  the  United  States  and  from  the  supreme  court  of  the 
District  of  Columbia. 

b  The  several  circuit  courts  of  appeal  shall  have  jurisdiction  in  equity, 
either  interlocutory  or  final,  to  superintend  and  revise  in  matter  of  law  the 
proceedings  of  the  several  inferior  courts  of  bankruptcy  within  their  juris- 
diction. Such  power  shall  be  exercised  on  due  notice  and  petition  by  any 
party  aggrieved. 

§  25.   Appeals  and  "Writs  of  Error. 

a  That  appeals,  as  in  equity  cases  may  be  taken  in  bankruptcy  proceeding-? 
from  the  courts  of  bankruptcy  to  the  circuit  court  of  appeals  of  the  United 
States  and  to  the  supreme  court  of  the  Territories,  in  the  following  cases,  to 
wit,  (1)  from  a  judgment  adjudging  or  refusing  to  adjudge  the  defendant  a 
bankrupt;  (2)  from  a  judgment  granting  or  denying  a  discharge;  and  (3) 
from  a  judgment  allowing  or  rejecting  a  debt  or  claim  of  five  hundred  dollars 
or  over.  Such  appeal  shall  be  taken  within  ten  days  after  the  judgment  ap- 
pealed from  has  been  rendered,  and  may  be  heard  and  determined  by  the 
appellate  court  in  term  or  vacation,  as  the  case  may  be. 

b  From  any  final  decision  of  a  court  of  appeals,  allowing  or  rejecting  a 
claim  under  this  act,  an  appeal  may  be  had  under  such  rules  and  within  such 
time  as  may  be  prescribed  by  the  Supreme  Court  of  the  United  States,  in 
the  following  cases  and  no  other: 

1.  Where  the  amount  in  controversy  exceeds  the  sum  of  two  thousand 
dollars,  and  the  question  involved  is  one  which  might  have  been  taken  on 
appeal  or  writ  of  error  from  the  highest  court  of  a  State  to  the  Supreme 
Court  of  the  United  States ;  or 

2.  Where  some  Justice  of  the  Supreme  Court  of  the  United  States  shall 
certify  that  in  his  opinion  the  determination  of  the  question  or  questions  in- 
volved in  the  allowance  or  rejection  of  such  claim  is  essential  to  a  uniform 
construction  of  this  act  throughout  the  United  States. 

c  Trustees  shall  not  be  required  to  give  bond  when  they  take  appeals  or 
sue  out  writs  of  error. 

d  Controversies  may  be  certified  to  the  Supreme  Court  of  the  TTnited  States 
from  other  courts  of  the  United  States,  and  the  former  court  may  exercise 
jurisdiction  thereof  and  issue  writs  of  certiorari  pursuant  to  the  provisions. 
of  the  United  States  laws  now  in  force  or  such  as  may  be  hereafter  enacted. 

§  26.  Arbitration  of  Controversies. 

a  The  trustee  may,  pursuant  to  the  direction  of  the  court,  submit  to  arbitra- 
tion any  controversy  arising  in  the  settlement  of  the  estate. 


Pa.n>  ()SI).  bottom  of  page,  insert  as  follows: 


S( 
25b, 


:;":;";:; ;;!rs: '::. ': si; ;;■ ,,.  «„.  ..4.  .„ ...  v..,.,,,  ,.,.e„.,„  see. 


THE  BANKRUPTCY  ACT  OP  1898.  681 

&  Three  arbitrators  shall  be  chosen  by  mutual  consent,  or  one  by  the 
trustee,  one  by  the  other  party  to  the  controversy,  and  the  third  by  the  two 
so  chosen,  or  if  they  fail  to  agree  in  five  days  after  their  appointment  the 
court  shall  appoint  the  third  arbitrator. 

c  The  written  finding  of  the  arbitrators,  or  a  majority  of  them,  as  to  the 
issues  presented,  may  be  filed  in  court  and  shall  have  like  force  and  effect 
as  the  verdict  of  a  jury. 

§  27.  Compromises. 

a  The  trustee  may,  with  the  approval  of  the  court,  compromise  any  con- 
troversy arising  in  the  administration  of  the  estate  upon  such  terms  as  he  may 
deem  for  the  best  interests  of  the  estate. 

§  28.  Designation  of  Newspapers. 

a  Courts  of  bankruptcy  shall  by  order  designate  a  newspaper  published 
within  their  respective  territorial  districts,  and  in  the  county  in  which  the 
bankrupt  resides  or  the  major  part  of  his  property  is  situated,  in  which  notices 
required  to  be  published  by  this  act  and  orders  which  the  court  may  direct  to 
be  published  shall  be  inserted.  Any  court  may  in  a  particular  case,  for  the 
convenience  of  parties  in  interest,  designate  some  additional  newspaper  in 
which  notices  and  orders  in  such  case  shall  be  published. 

§  29.  Offenses. 

a  A  person  shall  be  punished,  by  imprisonment  for  a  period  not  to  exceed 
five  years,  upon  conviction  of  the  offense  of  having  knowingly  and  fraudulently 
appropriated  to  his  own  use,  embezzled,  spent,  or  unlawfully  transferred  any 
property  or  secreted  or  destroyed  any  document  belonging  to  a  bankrupt  estate 
which  came  into  his  charge  as  trustee. 

h  A  person  shall  be  punished,  by  imprisonment  for  a  period  not  to  exceed 
two  years,  upon  conviction  of  the  offense  of  having  knowingly  and  fraudu- 
lently (1)  concealed  while  a  bankrupt,  or  after  his  discharge,  from  his  trustee 
any  of  the  property  belonging  to  his  estate  in  bankruptcy;  or  (2)  made 
a  false  oath  or  account  in,  or  in  relation  to,  any  proceeding  in  bankruptcy; 
(3)  presented  under  oath  any  false  claim  for  proof  against  the  estate  of  a 
bankrupt,  or  used  any  such  claim  in  composition  personally  or  by  agent,  proxy, 
or  attorney,  or  as  agent,  proxy,  or  attorney;  or  (4)  received  any  material 
amount  of  property  from  a  bankrupt  after  the  filing  of  the  petition,  with 
intent  to  defeat  this  act;  or  (5)  extorted  or  attempted  to  extort  any  money  or 
property  from  any  person  as  a  consideration  for  acting  or  forbearing  to  act  in 
bankruptcy  proceedings. 

c  A  person  shall  be  punished  by  fine,  not  to  exceed  five  hundred  dollars, 
and  forfeit  his  office,  and  the  same  shall  thereupon  become  vacant,  upon 
conviction  of  the  offense  of  having  knowingly  (1)  acted  as  a  referee  in  a 
case  in  which  he  is  directly  or  indirectly  interested;  or  (2)  purchased,  while 
a  referee,  directly  or  indirectly,  any  property  of  the  estate  in  bankruptcy  of 


682  THE  BANKRUPTCY  ACT  OF  1898. 

which  he  is  referee;  or  (3)  refused,  while  a  referee  or  trustee,  to  permit  a 
reasonable  opportunity  for  the  inspection  of  the  accounts  relating  to  the 
affairs  of,  and  the  papers  and  records  of,  estates  in  his  charge  by  parties  in 
interest  when  directed  by  the  court  so  to  do. 

d  A  person  shall  not  be  prosecuted  for  any  offense  arising  under  this  act 
unless  the  indictment  is  found  or  the  information  is  filed  in  court  within  one 
year  after  the  commission  of  the  offense. 

§  30.  Rules,  Forms,  and  Orders. 

a  All  necessary  rules,  forms,  and  orders  as  to  procedure  and  for  carrying  this 
act  into  force  and  effect  shall  be  prescribed,  and  may  be  amended  from  time  to 
time,  by  the  Supreme  Court  of  the  United  States. 

§  31.   Computation  of  Time. 

a  Whenever  time  is  enumerated  by  days  in  this  act,  or  in  any  proceeding  in 
bankruptcy,  the  number  of  days  shall  be  computed  by  excluding  the  first  and 
including  the  last,  unless  the  last  fall  on  a  Sunday  or  holiday,  in  which  event 
the  day  last  included  shall  be  the  next  day  thereafter  which  is  not  a  Sunday; 
or  a  legal  holiday. 

§  32.  Transfer  of  Cases. 

a  In  the  event  i)etitions  are  filed  against  the  same  person,  or  against  dif- 
ferent members  of  a  partnership,  in  different  courts  of  bankruptcy  each  of 
which  has  jurisdiction,  the  cases  shall  be  transferred,  by  order  of  the  courts 
relinquishing  jurisdiction,  to  and  be  consolidated  by  the  one  of  such  courts 
which  can  proceed  with  the  same  for  the  greatest  convenience  of  parties  in 
interest. 


THE  BANKRUPTCY  ACT  OF  1898.  683 


CHAPTER  Y. 
OFFICERS,  THEIR  DUTIES  AND  COMPENSATIONS. 

§  33.  Creation  of  Two  Officers. 

a  The  offices  of  referee  and  trustee  are  hereby  created. 

§  34.   Appointment,  Removal,  and  Districts  of  Referees. 

a  Courts  of  bankruptcy  shall,  within  the  territorial  limits  of  which  they 
respectively  have  jurisdiction,  (1)  appoint  referees,  each  for  a  term  of  two 
years,  and  may,  in  their  discretion,  remove  them  because  their  services  are  not 
needed  or  for  other  cause;  and  (2)  designate,  and  from  time  to  time  change, 
the  limits  of  the  districts  of  referees,  so  that  each  county,  where  the  services  of 
a  referee  are  needed,  may  constitute  at  least  one  district. 

§  35.   Qualifications  of  Referees. 

a  Individuals  shall  not  be  eligible  to  appointment  as  referees  unless  they  are 
respectively  (1)  competent  to  perform  the  duties  of  that  office;  (2)  not  holding 
any  office  of  profit  or  emolument  under  the  laws  of  the  United  States  or  of  any 
State  other  than  commissioners  of  deeds,  justices  of  the  peace,  masters  in 
chancery,  or  notaries  public;  (3)  not  related  by  consanguinity  or  affinity, 
within  the  third  degree  as  determined  by  the  common  law,  to  any  of  the  judges 
of  the  courts  of  bankruptcy  or  circuit  courts  of  the  United  States,  or  of  the 
justices  or  judges  of  the  appellate  courts  of  the  districts  wherein  they  may 
be  appointed;  and  (4)  residents  of,  or  have  their  offices  in,  the  territorial  dis- 
tricts for  which  they  are  to  be  appointed. 

§  3.3    Oaths  of  Office  of  Referees. 

a  Referees  shall  take  the  same  oath  of  office  as  that  prescribed  for  judges  of 
United  States  courts. 

§  37.  Number  of  Referees. 

a  Such  number  of  referees  shall  be  appointed  as  may  be  necessary  to  assist  in 
expeditiously  transacting  the  bankruptcy  business  pending  in  the  various 
courts  of  bankruptcy. 

§  38.  Jurisdiction  of  Referees. 

a.  Referees  respectively  are  hereby  invested,  subject  always  to  a  review  by 
the  judge,  within  the  limits  of  their  districts  as  established  from  time  to  time, 
with  jurisdiction  to  (1)  consider  all  petitions  referred  to  them  by  the  clerks 
and  make  the  adjudications  or  dismiss  the  petitions:  (2)  exercise  the  powers 
vested  in  courts  of  bankruptcy  for  the  administering  of  oaths  to  and   the 


684  THE  BANKRUPTCY  ACT  OF  1898. 

examination  of  persons  as  witnesses  and  for  requiring  the  production  of  docu- 
ments in  proceedings  before  them,  except  the  power  of  commitment;  (3) 
exercise  the  powers  of  the  judge  for  the  taking  possession  and  releasing  of  the 
property  of  the  bankrupt  in  the  event  of  the  issuance  by  the  clerk  of  a  certificate 
showing  the  absence  of  a  judge  from  the  judicial  district,  or  the  division  of  the 
district,  or  his  sickness,  or  inability  to  act;  (4)  perform  such  part  of  the  duties, 
except  as  to  questions  arising  out  of  the  applications  of  bankrupts  for  com- 
positions or  discharges,  as  are  by  this  act  conferred  on  courts  of  bankruptcy 
and  as  shall  be  prescribed  by  rules  or  orders  of  the  courts  of  bankruptcy  of 
their  respective  districts,  except  as  herein  otherwise  provided;  and  (5)  upon 
the  application  of  the  trustee  during  the  examination  of  the  bankrupts,  or  other 
proceedings,  authorize  the  employment  of  stenographers  at  the  expense  of  the 
estates  at  a  compensation  not  to  exceed  ten  cents  per  folio  for  reporting  and 
transcribing  the  proceedings. 


§  39.  Duties  of  Referees. 

a  Referees  shall  (1)  declare  dividends  and  prepare  and  deliver  to  trustees 
dividend  sheets  showing  the  dividends  declared  and  to  whom  payable;  (2) 
examine  all  schedules  of  property  and  lists  of  creditors  filed  by  bankrupts  and 
cause  such  as  are  incomplete  or  defective  to  be  amended;  (3)  furnish  such 
information  conceriyng  the  estates  in  process  of  administration  before  them  as 
may  be  requested  by  the  parties  in  interest;  (4)  give  notices  to  creditors  as 
herein  provided;  (5)  make  up  records  embodying  the  evidence,  or  the  substance 
thereof,  as  agreed  upon  by  the  parties  in  all  contested  matters  arising  before 
them,  whenever  requested  to  do  so  by  either  of  the  parties  thereto,  together  with 
their  findings  therein,  and  transmit  them  to  the  judges;  (6)  prepare  and  file 
the  schedules  of  property  and  lists  of  creditors  required  to  be  filed  by  the  bank- 
rupts, or  cause  the  same  to  be  done,  when  the  bankrupts  fail,  refuse,  or 
neglect  to  do  so;  (7)  safely  keep,  perfect,  and  transmit  to  the  clerks  the 
records,  herein  required  to  be  kept  by  them,  when  the  cases  are  concluded; 
(8)  transmit  to  the  clerks  such  papers  as  may  be  on  file  before  them  when- 
ever the  same  are  needed  in  any  proceedings  in  courts,  and  in  like  manner 
secure  the  return  of  such  papers  after  they  have  been  used,  or,  if  it  be 
impracticable  to  transmit  the  original  papers,  transmit  certified  copies  thereof 
by  mail;  (9)  upon  application  of  any  party  in  interest,  preserve  the  evidence 
taken  or  the  substance  thereof  as  agreed  upon  by  the  parties  before  them 
when  a  stenographer  is  not  in  attendance;  and  (10)  whenever  their  respective 
offices  are  in  the  same  cities  or  towns  where  the  courts  of  bankruptcy  convene, 
call  upon  and  receive  from  the  clerks  all  papers  filed  in  courts  of  bankruptcy 
which  have  been  referred  to  them. 

b  Referees  shall  not  (1)  act  in  cases  in  which  they  are  directly  or  indirectly 
interested;  (2)  practice  as  attorneys  and  counselors  at  law  in  any  bankruptcy 
proceedings;  or  (3)  purchase,  directly  or  indirectly,  any  property  of  an  estate 
in  bankruptcy. 


THE  BANKRUPTCY  ACT  OF  1898.  685 

§  40.  Compensation  of  Referees. 

a  Kel'erees  shall  receive  as  full  compensation  for  their  services,  payable  after 
they  are  rendered,  a  fee  of  fifteen  dollars  deposited  with  the  clerk  at  the  time 
the  petition  is  filed  in  each  case,  except  when  a  fee  is  not  required  from  a 
voluntary  bankrupt,  and  twenty-five  cents  for  every  proof  of  claim  filed  for 
allowance,  to  be  paid  from  the  estate,  if  any,  as  a  part  of  the  cost  of  administra- 
tion, and  from  estates  which  have  been  administered  before  them  one  per 
centum  commissions  on  all  moneys  disbursed  to  creditors  by  the  trustee,  or 
one-half  of  one  per  centum  on  the  amount  to  be  paid  to  creditors  upon  the 
confirmation  of  a  composition. 

h  Whenever  a  case  is  transferred  from  one  referee  to  another  the  jnd^e 
shall  determine  the  proportion  in  which  the  fee  and  commissions  therefor 
shall  be  divided  between  the  referees. 

c  In  the  event  of  the  reference  of  a  case  being  revoked  before  it  is  con- 
cluded, and  when  the  case  is  specially  referred,  the  judge  shall  determine 
what  part  of  the  fee  and  commissions  shall  be  paid  to  the  referee. 

§  41.  Contempts  before  Referees. 

a  A  person  shall  not,  in  proceedings  before  a  referee,  (1)  disobey  or  resist 
any  lawful  order,  process  or  writ;  (2)  misbehave  during  a  hearing  or  so  near 
the  place  thereof  as  to  obstruct  the  same;  (3)  neglect  to  produce,  after  having 
been  ordered  to  do  so,  any  pertinent  document;  or  (4)  refuse  to  appear  after 
having  been  subpoenaed,  or,  upon  appearing,  refuse  to  take  the  oath  as  a  wit- 
ness, or,  after  having  taken  the  oath,  refuse  to  be  examined  according  to  law: 
Provided,  That  no  person  shall  be  required  to  attend  as  a  witness  before  a 
referee  at  a  place  outside  of  the  State  of  his  residence,  and  more  than  one 
hundred  miles  from  such  place  of  residence,  and  only  in  case  his  lawful  mileage 
and  fee  for  one  day's  attendance  shall  be  first  paid  or  tendered  to  him, 

h  The  referee  shall  certify  the  facts  to  the  judge,  if  any  person  shall  do 
any  of  the  things  forbidden  in  this  section.  The  judge  shall  thereupon,  in  a 
summary  manner,  hear  the  evidence  as  to  the  acts  complained  of,  and,  if  il: 
is  such  as  to  warrant  him  in  so  doing,  punish  such  person  in  the  same 
manner  and  to  the  same  extent  as  for  a  contempt  committed  before  the 
court  of  bankruptcy,  or  commit  such  person  upon  the  same  conditions  as  if 
the  doing  of  the  forbidden  act  had  occurred  with  reference  to  the  process  of, 
or  in  the  presence  of,  the  court. 

§  42.  Records  of  Referees. 

a  The  records  of  all  proceedings  in  each  case  before  a  referee  shall  be  kept 
as  nearly  as  may  be  in  the  same  manner  as  records  are  now  kept  in  equity 
cases  in  circuit  courts  of  the  United  States. 

&  A  record  of  the  proceedings  in  each  case  shall  be  kept  in  a  separate 
book  or  books,  and  shall,  together  with  the  papers  on  file,  constitute  the 
records  of  the  ease. 

c  The  book  or  books  containing  a  record   of  the  proceedings  shall,  when 


686  THE  BANKRUPTCY  ACT  OP  1898. 

the  case  is  concluded  before  the  referee,  be  certified  to  by  him,  and,  together 
with  such  papers  as  are  on  file  before  him,  be  transmitted  to  the  court  of 
bankruptcy  and  shall  there  remain  as  a  part  of  the  records  of  the  court. 

§  43.  Referee's  Absence  or  Disability. 

a  Whenever  the  office  of  a  referee  is  vacant,  or  its  occupant  is  absent  or 
disqualified  to  act,  the  judge  may  act,  or  may  appoint  another  referee,  or 
another  referee  holding  an  appointment  under  the  same  court  may,  by  order 
of  the  judge,  temporarily  fill  the  vacancy. 

§  44.  Appointment  of  Trustees. 

a  The  creditors  of  a  bankrupt  estate  shall,  at  their  first  meeting  after  the 
adjudication  or  after  a  vacancy  has  occurred  in  the  office  of  trustee,  or  after 
an  estate  has  been  reoi)ened,  or  after  a  composition  has  been  set  aside  or  a 
discharge  revoked,  or  if  there  is  a  vacancy  in  the  office  of  trustee,  appoint  one 
trustee  or  three  trustees  of  such  estate.  If  the  creditors  do  not  appoint  a 
trustee  or  trustees  as  herein  provided,  the  court  shall  do  so. 

§  45.  Qualifications  of  Trustees. 

a  Trustees  may  be  (1)  individuals  who  are  respectively  competent  to 
perform  the  duties  of  that  office,  and  reside  or  have  an  office  in  the  judicial 
district  within  which  they  are  appointed,  or  (3)  corporations  authorized  by 
their  charters  or  by  law  to  act  in  such  capacity  and  having  an  office  in  the 
judicial  district  within  which  they  are  appointed. 

§  46.   Death  or  Removal  of  Trustees. 

a  The  death  or  removal  of  a  trustee  shall  not  abate  any  suit  or  proceeding 
which  he  is  prosecuting  or  defending  at  the  time  of  his  death  or  removal,  but 
the  same  may  be  proceeded  with  or  defended  by  his  joint  trustee  or  successor  in 
the  same  manner  as  though  the  same  had  been  commenced  or  was  being 
defended  by  such  joint  trustee  alone  or  by  such  successor. 

^  47.   Duties  of  Trustees. 

a  Trustees  shall  respectively  (1)  account  for  and  pay  over  to  the  estates  un- 
der their  control  all  interest  received  by  them  upon  property  of  such  estate ;( 2) 
Collect  and  reduce  to  money  the  property  of  the  estates  for  wliich  they  are 
trustees,  under  the  direction  of  tlie  court,  and  close  up  the  estate  as  ex- 
peditiously as  is  compatible  with  the  best  interests  of  the  parties  in  interest;  and 
such  trustees,  as  to  all  property  in  the  custody  or  coming  into  the  c7istody  of 
the  bankruptcy  court,  shall  he  deemed  vested  with  all  the  rights,  remedies,  and 
powers  of  a  creditor  holding  a  lien  by  legal  or  equitable  proceedings  thereon; 
and  also,  as  to  all  property  not  in  the  custody  of  the  bankruptcy  court,  shall  be 
deemed  vested  with  all  the  rights,  remedies,  and  powers  of  a  judgment  creditor 
holding  an  execution  duly  returned  unsatisfied.  (3)  Pepo<^it  all  money 
received  by  them  in  one  of  the  designated  depositories;  (4)   disburse  money 


THE  BANKRUPTCY  ACT  OF  1898.  687 

only  by  check  or  draft  on  the  depositories  in  which  it  has  been  deposited;  (5) 
furnish  such  information  concerning  the  estates  of  which  they  are  trustees 
and  their  administration  as  may  be  requested  by  parties  in  interest;  (6)  keep 
regular  accounts  showing  all  amounts  received  and  from  what  sources  and  all 
amounts  expended  and  on  what  accounts;  (7)  lay  before  the  final  meeting 
of  the  creditors  detailed  statements  of  the  administration  of  the  estates ; 
(8)  make  final  reports  and  file  final  accounts  with  the  courts  fifteen  days  be- 
fore the  days  fixed  for  the  final  meetings  of  the  creditors;  (9)  pay  dividends 
within  ten  days  after  they  are  declared  by  the  referees;  (10)  report  to  the 
courts,  in  writing,  the  condition  of  the  estates  and  the  amounts  of  money 
on  hand,  and  such  other  details  as  may  be  required  by  the  courts,  within 
the  first  month  after  their  appointment  and  every  two  months  thereafter, 
unless  otherwise  ordered  by  the  courts;  and  (11)  set  apart  the  bankrupt's 
exemptions  and  report  the  items  and  estimated  value  thereof  to  the  court 
as  soon  as  practicable  after  their  appointment. 

6  Whenever  three  trustees  have  been  appointed  for  an  estate,  the  con- 
currence of  at  least  two  of  them  shall  be  necessary  to  the  validity  of  their 
every  act  concerning  the  administration  of  the  estate. 

c  The  trustee  shall,  within  thirty  days  after  the  adjudication,  file  a  certified 
copy  of  the  decree  of  adjudication  in  the  office  where  conveyances  of  real 
estate  are  recorded  in  every  county  where  the  bankrupt  owns  real  estate  not 
exempt  from  execution,  and  pay  the  fee  for  such  filing,  and  he  shall  receive 
a  compensation  of  fifty  cents  for  each  copy  so  filed,  which,  together  with  the 
filing  fee,  shall  be  paid  out  of  the  estate  of  the  bankrupt  as  a  part  of  the  cost 
and  disbursements  of  the  proceedings. 


§  48.  Compensation  of  Trustees,  Receivers  and  Marshals. 

a  Trustees  shall  receive  for  their  services,  payable  after  they  are  rendered, 
a  fee  of  five  dollars  deposited  with  the  clerk  at  the  time  the  petition  is  filed 
in  each  case,  except  when  a  fee  is  not  required  from  a  voluntary  bankrupt,  and 
such  commissions  on  all  moneys  disbursed  or  turned  over  to  any  person, 
including  lien  holders,  by  them,  as  may  be  allowed  by  the  courts,  not  to  exceed 
six  per  centum  on  the  first  five  hundred  dollars  or  less,  four  per  centum  on 
motleys  in  excess  of  five  hundred  dollars  and  less  than  fifteen  hundred  dollars, 
two  per  centum,  on  moneys  in  excess  of  fifteen  hundred  dollars  and  less  than 
ten  thousand  dollars,  and  one  per  centum  on  moneys  in  excess  of  ten  thousand 
dollars.  And  in  case  of  the  confirmation  of  a  composition  after  the  trustee  has 
qualified  the  court  may  allow  him,  as  compensation,  not  to  exceed  one-half  of 
one  per  centum  of  the  amount  to  be  paid  the  creditors  on  such  composition. 

h  Tn  the  event  of  an  estate  beinof  administered  by  three  trustees  instead 
of  one  trustee  or  by  successive  trustees,  the  court  shall  apportion  the  fees  and 
commissions  between  them  according  to  the  services  actually  rendered,  so 
that  there  shall  not  be  paid  to  trustees  for  the  administering  of  any  estate  a 
greater  amount  than  one  trustee  would  be  entitled  to. 


688  THE  BANKKUPTCY  ACT  OF  1898. 

c  The  court  may,  in  its  discretion,  withhold  all  compensation  from  any 
trustee  who  has  been  removed  for  cause. 

d  Receivers  or  marshals  appointed  pursuant  to  section  two,  subdivision 
three,  of  this  Act  shall  receive  for  their  services,  payable  after  they  are 
rendered,  compensation  by  way  of  commissions  upon  the  moneys  disbursed  or 
turned  over  to  any  person,  including  lien  holders,  by  them,  and  also  upon  the 
moneys  turned  over  by  them  or  afierivards  realized  by  the  Irustees  from 
property  turned  over  in  hind  by  them  to  the  trustees,  as  the  court  may  allow, 
not  to  exceed  six  per  centum  on  the  first  five  hundred  dollars  or  less,  four  per 
centum  on  moneys  in  excess  of  five  hundred  dollars  and  less  than  one  thousand 
five  hundred  dollars,  two  per  centum  on  moneys  in  excess  of  one  thousand 
five  hundred  dollars  and  less  than  ten  thousand  dollars^  and  one  per  centum  on 
moneys  in  excess  of  ten  thousand  dollars:  Provided,  That  in  case  of  the  con- 
firmation of  a  composition  such  commissions  shall  not  exceed  one-half  of  one 
per  centum  of  the  amount  to  be  paid  creditors  on  such  compositions:  Provided 
further.  That  when  the  receiver  or  marshal  acts  as  a  mere  custodian  and  does 
not  carry  on  the  business  of  the  bankrupt  as  provided  in  clause  five  of  section 
two  of  this  Act,  he  shall  not  receive  nor  be  allowed  in  any  form  or  guise  more 
than  two  per  centum  on  the  first  thousand  dollars  or  less,  and  one-half  of  one 
per  centum  on  all  above  one  thousand  dollars  on  moneys  disbursed  by  him  or 
turned  over  by  him  to  the  trustee  and  on  moneys  subsequently  realized  from 
property  turned  over  by  him  in  hind  to  the  trustee:  Provided  further,  That 
before  the  allowance  of  compensation  notice  of  application  therefor,  specifying 
the  amount  asked,  shall  be  given  to  creditors  in  the  manner  indicated  in  section 
fifty-eight  of  this  Act. 

e  Where  the  business  is  conducted  by  trustees,  marshals,  or  receivers,  as 
provided  in  clause  five  of  section  two  of  tJiis  Act,  the  court  maji  allow  such 
officers  additional  compensation  for  such  services  by  ivay  of  commissions  upon 
the  moneys  disbursed  or  turned  over  to  any  person,  including  lien  holders, 
by  them,  and,  in  cases  of  receivers  or  marshals,  also  upon  the  moneys  turned 
over  by  them  or  afterwards  realized  by  the  trustees  from  property  turyied  over 
in  hind  by  them  to  the  trustees;  such  commissions  not  to  exceed  six  per  centum 
on  the  first  five  hundred  dollars  or  less,  four  per  centum  on  moneys  in  excess  of 
five  hundred  dollars  and  less  than  one  thousand  five  hundred  dollars,  two  per 
centum  on  moneys  in  excess  of  one  thousand  fire  hundred  dollars  and  less  Ihan 
ten  thousand  dollars,  and  one  per  centum  on  moneys  in  excess  of  ten  thousand 
dollars:  Provided,  That  in  case  of  the  confirmation  of  a  composition  such 
commissions  shall  not  exceed  one-half  of  one  per  centum  of  the  amount  to  he 
paid  creditors  on  such  composition:  Provided  further,  That  before  the  allow- 
ance of  compensation  notice  of  application  therefor,  specifying  the  amount 
ashed,  shall  be  given  to  creditors  in  the  maniier  indicated  in  section  fifty-eight 
of  this  Act. 

%  49.  Accounts  and  Papers  of  Trustees. 

a  The  accounts  and  papers  of  trustees  shall  be  open  to  the  inspection  of 
officers  and  all  parties  in  interest. 


THE  BANKRUPTCY  ACT  OP  1898.  689 

^  50.  Bonds  of  Referees  and  Trustees. 

a  Referees,  before  assuming  the  duties  of  their  offices,  and  within  such  time 
as  the  district  courts  of  the  United  States  having  jurisdiction  shall  prescribe, 
shall  respectively  qualify  by  entering  into  bond  to  the  United  States  in  such 
sum  as  shall  be  fixed  by  such  courts,  not  to  exceed  five  thousand  dollars,  viith 
such  sureties  as  shall  be  approved  by  such  courts,  conditioned  for  the  faithful 
performance  of  their  official  duties. 

h  Trustees,  before  entering  upon  the  performance  of  their  official  duties, 
and  within  ten  days  after  their  appointment,  or  within  such  further  time, 
not  to  exceed  five  days,  as  the  court  may  permit,  shall  respectively  qualify 
by  entering  into  bond  to  the  United  States,  with  such  sureties  as  shall  be 
approved  by  the  courts,  conditioned  for  the  faithful  performance  of  their 
official  duties. " 

c  The  creditors  of  a  bankrupt  estate,  at  their  first  meeting  after  the  ad- 
judication, or  after  a  vacancy  has  occurred  in  the  office  of  trustee,  or  after 
an  estate  has  been  reopened,  or  after  a  composition  has  been  set  aside  or  a 
discharge  revoked,  if  there  is  a  vacancy  in  the  office  of  trustee,  shall  fix  the 
amount  of  the  bond  of  the  trustee ;  they  may  at  any  time  increase  the  amount 
of  the  bond.  If  the  creditors  do  not  fix  the  amount  of  the  bond  of  the 
trustee  as  herein  provided  the  court  shall  do  so. 

d  The  court  shall  require  evidence  as  to  the  actual  value  of  the  property 
of  sureties. 

e  There  shall  be  at  least  two  sureties  upon  each  bond. 

/  The  actual  value  of  the  property  of  the  sureties,  over  and  above  their 
liabilities  and  exemptions,  on  each  bond  shall  equal  at  least  the  amount  of 
such  bond. 

g  Corporations  organized  for  the  purpose  of  becoming  sureties  upon  bonds, 
or  authorized  by  law  to  do  so,  may  be  accepted  as  sureties  upon  the  bonds  of 
referees  and  trustees  whenever  the  courts  are  satisfied  that  the  rights  of  all 
parties  in  interest  will  be  thereby  amply  protected. 

li  Bonds  of  referees,  trustees,  and  designated  depositories  shall  be  filed  of 
record  in  the  office  of  the  clerk  of  the  court  and  may  be  sued  upon  in  the 
name  of  the  United  States  for  the  use  of  any  person  injured  by  a  breach  of 
their  conditions. 

%  Trustees  shall  not  be  liable,  personally  or  on  their  bonds,  to  the  United 
States,  for  any  penalties  or  forfeitures  incurred  by  the  bankrupts  under  this 
act,  of  whose  estates  they  are  respectively  trustees. 

y  Joint  trustees  may  give  joint  or  several  bonds. 

^'  If  any  referee  or  trustee  shall  fail  to  give  bond,  as  herein  provided  and 
within  the  time  limited,  he  shall  be  deemed  to  have  declined  his  appoint- 
ment, and  such  failure  shall  create  a  vacancy  in  his  office. 

/  Suits  upon  referees'  bonds  shall  not  be  brought  subsequent  to  two  years 
after  the  alleged  breach  of  the  bond. 

m  Suits  upon  trustees'  bonds  shall  not  be  brought  subsequent  to  two  years 
after  the  estate  has  been  closed. 


690  THE  BANKRUPTCY  ACT  OF  1898. 

§  51.  Duties  of  Clerks. 

a  Clerks  shall  respectfully  (1)  account  for,  as  for  other  fees  received  by 
them,  the  clerk's  fee  paid  in  each  case  and  such  other  fees  as  may  be  received 
for  certified  copies  of  records  which  may  be  prepared  for  persons  other  than 
officers;  (2)  collect  the  fees  of  the  clerk,  referee,  and  trustee  in  each  case 
instituted  before  filing  the  petition,  except  the  petition  of  a  proposed  voluntary 
bankrupt  which  is  accompanied  by  an  affidavit  stating  that  the  petitioner  is 
without,  and  cannot  obtain,  the  money  with  whicli  to  pay  such  fees ;  (3)  deliver 
to  the  referees  upon  application  all  papers  which  may  be  referred  to  them-  or,  if 
the  offices  of  such  referees  are  not  in  the  same  cities  or  towns  as  the  offices  of 
such  clerks,  transmit  such  papers  by  mail,  and  in  like  manner  return  papers 
which  were  received  from  such  referees  after  they  have  been  used;  (4)  and 
within  ten  days  after  each  case  has  been  closed  pay  to  the  referee,  if  the  case 
was  referred,  the  fee  collected  for  him,  and  to  the  trustee  the  fee  collected  for 
him  at  the  time  of  filing  the  petition. 

f^  52.  Compensation  of  Clerks  and  Marshals. 

a  Clerks  shall  respectively  receive  as  full  compensation  for  their  services  to 
each  estate,  a  filing  fee  of  ten  dollars,  except  when  a  fee  is  not  required  from  a 
voluntary  bankrupt. 

h  Marshals  shall  respectively  receive  from  the  estate  where  an  adjudica- 
tion in  bankruptcy  is  made,  except  as  herein  otherwise  provided,  for  the 
performance  of  their  service  in  proceedings  in  bankruptcy,  the  same  fees,  and 
account  for  them  in  the  same  way,  as  they  are  entitled  to  receive  for  the 
performance  of  the  same  or  similar  services  in  other  cases  in  accordance 
with  laws  now  in  force,  or  such  as  may  be  hereafter  enacted,  fixing  the 
compensation  of  marshals. 

§  53.  Duties  of  Attorney-General. 

a  The  Attorney-General  shall  annually  lay  before  Congress  statistical  tables 
showing  for  the  whole  country,  and  by  States,  the  number  of  cases  during  the 
year  of  voluntary  and  involuntary  bankruptcy ;  the  amount  of  the  property  of 
the  estates;  the  dividends  paid  and  the  expenses  of  administering  such  estates; 
and  such  other  like  information  as  he  may  deem  important, 

§  54.  Statistics  of  Bankruptcy  Proceedings. 

a  Officers  shall  furnish  in  writing  and  transmit  by  mail  such  information  as 
is  within  their  knowledge,  and  as  may  be  shown  by  the  records  and  papers 
in  their  possession,  to  the  Attorney-General,  for  statistical  purposes,  within  ten 
days  after  being  requested  by  him  to  do  so. 


THE  BANKRUPTCY  ACT  OF  1898.  691 


CHAPTER  VI. 
CREDITORS. 

§  55.  Meetings  of  Creditors. 

a  The  court  shall  cause  the  first  meeting  of  the  creditors  of  a  bankrupt  to  be 
held,  not  less  than  ten  nor  more  than  thirty  days  after  the  adjudication,  at  the 
county  seat  of  the  county  in  which  the  bankrupt  has  had  his  principal  place 
of  business,  resided,  or  had  his  domicile ;  or  if  that  place  would  be  manifestly 
inconvenient  as  a  place  of  meeting  for  the  parties  in  interest,  or  if  the  bank- 
rupt is  one  who  does  not  do  business,  reside,  or  have  his  domicile  within  the 
United  States,  the  court  shall  fix  a  place  for  the  meeting  which  is  the  most 
convenient  for  parties  in  interest.  If  such  meeting  should  by  any  mischance 
not  be  held  within  such  time,  the  court  shall  fix  the  date,  as  soon  as  may  be 
thereafter,  when  it  shall  be  held. 

6  At  the  first  meeting  of  creditors  the  judge  or  referee  shall  preside,  and, 
before  proceeding  with  the  other  business,  may  allow  or  disallow  the  claims 
of  creditors  there  presented,  and  may  publicly  examine  the  bankrupt  or  cause 
him  to  be  examined  at  the  instance  of  any  creditor. 

c  The  creditors  shall  at  each  meeting  take  such  steps  as  may  be  ])ertiuent 
and  necessary  for  the  promotion  of  the  best  interests  of  the  estate  and  the 
enforcement  of  this  act. 

d  A  meeting  of  creditors,  subsequent  to  the  first  one,  may  be  held  at  any 
time  and  place  when  all  of  the  creditors  who  have  secured  the  allowance  of 
their  claims  sign  a  written  consent  to  hold  a  meeting  at  such  time  and  place. 

e  The  court  shall  call  a  meeting  of  creditors  whenever  one-fourth  or  more 
in  number  of  those  who  have  proven  their  claims  shall  file  a  written  request 
to  that  effect;  if  such  request  is  signed  by  a  majority  of  such  creditors,  wliich 
number  represents  a  majority  in  amoujit  of  such  claims,  and  contains  a  re- 
quest for  such  meeting  to  be  held  at  a  designated  place,  the  court  shall  call 
such  meeting  at  such  place  within  thirty  days  after  the  date  of  the  filing  of 
the  request. 

f  Whenever  the  affairs  of  the  estate  are  ready  to  be  closed  a  final  meeting 
of  creditors  shall  be  ordered. 

§  56.  Voters  at  Meetings  of  Creditors. 

a  Creditors  shall  pass  upon  matters  submitted  to  them  at  their  meetings  by 
a  majority  vote  in  number  and  amount  of  claims  of  all  creditors  whose  claims 
have  been  allowed  and  are  present,  except  as  herein  otherwise  provided. 

h  Creditors  holding  claims  which  are  secured  or  have  priority  shall  not. 


692  THE  BANKRUPTCY  ACT  OF  1898. 

in  respect  to  such  claims,  be  entitled  to  vote  at  creditors'  meetings,  nor 
shall  such  claims  be  counted  in  computing  either  the  number  of  creditors 
or  the  amount  of  their  claims,  unless  the  amounts  of  such  claims  exceed  the 
values  of  such  securities  or  priorities,  and  then  only  for  such  excess. 

§  57.  Proof  and  Allo-wance  of  Claims. 

a  Proof  of  claims  shall  consist  of  a  statement  under  oath,  in  writing,  signed 
by  a  creditor  setting  forth  the  claim,  the  consideration  therefor,  and  whether 
any,  and,  if  so  what,  securities  are  held  therefor,  and  whether  any,  and,  if  so 
what,  payments  have  been  made  thereon,  and  that  the  sum  claimed  is  justly 
owing  from  the  bankrupt  to  the  creditor. 

h  Whenever  a  claim  is  founded  upon  an  instrument  of  writing,  such  instru- 
ment, unless  lost  or  destroyed,  shall  be  filed  with  the  proof  of  claim.  If  such 
instrument  is  lost  or  destroyed,  a  statement  of  such  fact  and  of  the  circum- 
stances of  such  loss  or  destruction  shall  be  filed  under  oath  with  the  claim. 
After  the  claim  is  allowed  or  disallowed,  such  instrument  may  be  withdrawn 
by  permission  of  the  court,  upon  leaving  a  copy  thereof  on  file  with  the  claim. 

c  Claims  after  being  proved  may,  for  the  purpose  of  allowance,  be  filed  by 
the  claimants  in  the  court  where  the  proceedings  are  pending,  or  before  the 
referee  if  the  case  has  been  referred. 

d  Claims  which  have  been  duly  proved  shall  be  allowed,  upon  receipt  by  or 
upon  presentation  to  the  court,  unless  objection  to  their  allowance  shall  be 
made  by  parties  in  interest,  or  their  consideration  be  continued  for  cause  by 
the  court  upon  its  own  motion. 

e  Claims  of  secured  creditors  and  those  who  have  priority  may  be  allowed 
to  enable  such  creditors  to  participate  in  the  proceedings  at  creditors'  meetings 
held  prior  to  the  determination  of  the  value  of  their  securities  or  priorities,  but 
shall  be  allowed  for  such  sums  only  as  to  the  courts  seem  to  be  owing  over  and 
above  the  value  of  their  securities  or  priorities. 

/  Objections  to  claims  shall  be  heard  and  determined  as  soon  as  the  con- 
venience of  the  court  and  the  best  interests  of  the  estates  and  the  claimants 
will  permit. 

g  The  claims  of  creditors  who  have  received  preferences,  voidable  under 
section  sixty,  subdivision  h,  or  to  whom  conveyances,  transfers,  assignments,  or 
incumbrances,  void  or  voidable  under  section  sixty-seven,  subdivision  e,  have 
been  made  or  given,  shall  not  be  allowed  unless  such  creditors  shall  surrender 
such  preferences,  conveyances,  transfers,  assignments,  or  incumbrances. 

h  The  value  of  securities  held  by  secured  creditors  shall  be  determined  by 
converting  the  same  into  money  according  to  the  terms  of  the  agreement  pur- 
suant to  which  such  securities  were  delivered  to  such  creditors  or  by  such 
creditors  and  the  trustee,  by  agreement,  arbitration,  compromise,  or  litigation, 
as  the  court  may  direct,  and  the  amount  of  such  value  shall  be  credited  upon 
such  claims  and  a  dividend  shall  be  paid  only  on  the  unpaid  balance. 

i  Whenever  a  creditor,  whose  claim  against  a  bankrupt  estate  is  secured  by 
the  individual  undertaking  of  any  person,  fails  to  prove  such  claim,  such  person 


THE  BANKRUPTCY  ACT  OF  1898.  693 

may  do  so  in  the  creditor's  name,  and  if  he  discharge  such  undertaking  in  whole 
or  in  part  he  shall  be  subrogated  to  that  extent  to  the  rights  of  the  creditor. 

;'  Debts  owing  to  the  United  States,  a  State,  a  county,  a  district,  or  a  muni- 
cipality as  a  penalty  or  forfeiture  shall  not  be  allowed,  except  for  the  amount  of 
the  pecuniary  loss  sustained  by  the  act,  transaction,  or  proceeding  out  of  which 
the  penalty  or  forfeiture  arose,  with  reasonable  and  actual  costs  occasioned 
thereby  and  such  interest  as  may  have  accrued  thereon  according  to  law. 

k  Claims  which  have  been  allowed  may  be  reconsidered  for  cause  and  re- 
allowed  or  rejected  in  whole  or  in  part,  according  to  the  equities  of  the  case, 
before  but  not  after  the  estate  has  been  closed. 

I  Whenever  a  claim  shall  have  been  reconsidered  and  rejected,  in  whole  or  in 
part,  upon  which  a  dividend  has  been  paid,  the  trustee  may  recover  from  the 
creditor  the  amount  of  the  dividend  received  upon  the  claim  if  rejected  in 
whole  or  the  proportional  part  thereof  if  rejected  only  in  part. 

m  The  claim  of  any  estate  which  is  being  administered  in  bankruptcy 
against  any  like  estate  may  be  proved  by  the  trustee  and  allowed  by  the  court 
in  the  same  manner  and  upon  like  terms  as  the  claims  of  other  creditors. 

n  Claims  shall  not  be  proved  against  a  bankrupt  estate  subsequent  to  one 
year  after  the  adjudication;  or  if  they  are  liquidated  by  litigation  and  the  final 
judgment  therein  is  rendered  within  thirty  days  before  or  after  the  expiration 
of  such  time,  then  within  sixty  days  after  the  rendition  of  such  judgment: 
Provided,  That  the  right  of  infants  and  insane  persons  without  guardians, 
without  notice  of  the  proceedings,  may  continue  six  months  longer. 

§  58.  Notices  to  Creditors. 

(a)  Creditors  shall  have  at  least  ten  days'  notice  hy  mail,  to  their  respective 
addresses  as  they  appear  in  the  list  of  creditors  of  the  hankrupt,  or  as  after- 
ivards  filed  with  the  papers  in  the  case  hy  the  creditors,  unless  they  waive 
notice  in  writing,  of  (1)  all  eo:aminations  of  the  bankrupt;  (2)  all  healings 
upon  applications  for  the  confirmation  of  compositions;  (3)  all  meetings  of 
creditors;  (4)  all  proposed  sales  of  property;  (5)  the  declaration  and  time  of 
payment  of  dividends;  (6)  the  filing  of  the  final  accounts  of  the  trustee,  and 
the  iiine  when  and  the  place  ivhere  they  ivill  be  examined  and  passed  upon: 
(7)  the  proposed  compromise  of  any  controversy ;  (8)  the  proposed  dismissal 
of  the  proceedings,  and  (9)  there  shall  be  thirty  days'  notice  of  all  applications 
for  the  discharge  of  bankrupts. 

b  Notice  to  creditors  of  the  first  meeting  shall  be  published  at  least  once 
and  may  be  published  such  number  of  additional  times  as  the  court  may  direct ; 
the  last  publication  shall  be  at  least  one  week  prior  to  the  date  fixed  for  the 
m.eeting.     Other  notices  may  be  published  as  the  court  shall  direct. 

c  All  notices  shall  be  given  by  the  referee,  unless  otherwise  ordered  by  the 
judge. 

§  59.  "Who  may  File  and  Dismiss  Petitions. 

a.  Any  qualified  person  may  file  a  petition  to  be  adjudged  a  voluntary 
bankrupt. 


694  THE  BANKRUPTCY  ACT  OF  1898. 

I)  Three  or  more  creJitors  who  have  provable  claims  against  any  person 
which  amount  in  the  aggregate  in  excess  of  the  value  of  securities  held  by 
them,  if  any,  to  five  hundred  dollars  or  over;  or  if  all  of  the  creditors  of  such 
person  are  less  than  twelve  in  number,  then  one  of  such  creditors  whose  claim 
equals  such  amount  may  file  a  petition  to  have  him  adjudged  a  bankrupt. 

c  Petitions  shall  be  filed  in  duplicate,  one  copy  for  the  clerk  and  one  for 
service  on  the  bankrupt. 

d  If  it  be  averred  in  the  petition  that  the  creditors  of  the  bankrupt  are  less 
than  twelve  in  number,  and  less  than  three  creditors  have  joined  as  peti- 
tioners therein,  and  the  answer  avers  the  existence  of  a  larger  number  of 
creditors,  there  shall  be  filed  with  the  answer  a  list  under  oath  of  all  the 
creditors,  with  their  addresses,  and  thereupon  the  court  shall  cause  all  such 
creditors  to  be  notified  of  the  pendency  of  such  petition  and  shall  delay  the 
hearing  upon  such  petition  for  a  reasonable  time,  to  the  end  that  parties  in 
interest  shall  have  an  opportunity  to  be  heard;  if  upon  such  hearing  it  shall 
appear  that  a  sufficient  number  have  joined  in  such  petition,  or  if  prior  to  or 
during  such  hearing  a  sufficient  number  shall  join  therein,  the  case  may  be 
proceeded  with,  but  otherwise  it  shall  be  dismissed. 

e  In  computing  the  number  of  creditors  of  a  bankrupt  for  the  purpose  of 
determining  how  many  creditors  must  join  in  the  petition,  such  creditors  as 
were  employed  by  him  at  the  time  of  the  filing  of  the  petition  or  are  related 
to  him  by  consanguinity  or  affinity  within  the  third  degree,  as  determined  by 
the  common  law,  and  have  not  joined  in  the  petition,  shall  not  be  counted. 

/  Creditors  other  than  original  petitioners  may  at  any  time  enter  their 
appearance  and  join  in  the  petition,  or  file  an  answer  and  be  heard  in  oppo- 
sition to  the  prayer  of  the  petition. 

g  A  voluntary  or  involuntary  petition  shall  not  he  dismissed  hy  the  peti- 
tioner or  petitioners  or  for  want  of  prosecution  or  hy  consent  of  parties  until 
after  notice  to  the  creditors,  and  to  that  end  the  court  shall,  hefore  entertain- 
ing an  application  for  dismissal,  require  the  bankrupt  to  file  a  list,  under  oath, 
of  all  his  creditors,  with  their  addresses,  and  shall  cause  notice  to  he  sent  to  all 
such  creditors  of  the  pendency  of  such  application,  and  shall  delay  the  hearing 
thereon  for  a  reasonable  time  to  allow  all  creditors  and  parties  in  interest 
opportunity  to  be  heard. 


§  60.  Preferred  Creditors. 

a  A  person  shall  be  deemed  to  have  given  a  preference  if,  being  insolvent,  he 
has,  within  four  months  before  the  filing  of  the  petition,  or  after  the  filing 
of  the  petition  and  before  the  adjudication,  procured  or  suffered  a  judgment  to 
be  entered  against  himself  in  favor  of  any  person,  or  made  a  transfer  of  any 
of  his  property,  and  the  effect  of  the  enforcement  of  such  judgment  or  transfer 
will  be  to  enable  any  one  of  his  creditors  to  obtain  a  greater  percentage  of  his 
debt  than  any  other  of  such  creditors  of  the  same  class.  Where  the  preference 
consists  in  a  transfer,  such  period  of  four  months  shall  not  expire  until  four 


THE  BANKRUPTCY  ACT  OF  1898.  695 

months  after  the  date  of  the  recording  or  registering  of  the  transfer,  if  by  law- 
such  recording  or  registering  is  required. 

h  If  a  bankrupt  shall  have  procured  or  suffered  a  judgment  to  he  entered 
against  him  in  favor  of  any  person  or  have  made  a  transfer  of  any  of  his  prop- 
erty, and  if,  at  the  time  of  the  transfer,  or  of  the  entry  of  the  judgment,  or  of 
the  recording  or  registering  of  the  transfer  if  by  law  recording  or  registering 
thereof  is  required,  and  being  within  four  montlis  before  the  filing  of  the  peti- 
tion in  bankruptcy  or  after  the  filing  thereof  and  before  the  ad  judication,  the 
bankrupt  be  insolvent  and  the  judgment  or  transfer  then  operate  as  a  prefer- 
ence, and  the  person  receiving  it  or  to  be  benefited  thereby,  or  his  agent  acting 
therein,  shall  then  have  reasonable  cause  to  believe  that  the  enforcement  of  such 
judgment  or  transfer  ivould  effect  a  preference,  it  shall  be  voidable  by  the 
trustee  and  he  may  recover  the  property  or  its  value  from  such,  person.  And 
for  the  purpose  of  such  recovery  any  court  of  bankruptcy,  as  hereinbefore 
defined,  and  any  state  court  ivhich  would  have  had  jurisdiction  if  bankruptcy 
Jiad  not  intervened,  shall  have  concurrent  jurisdiction. 

c  If  a  creditor  has  been  preferred,  and  afterwards  in  good  faitli  gives  the 
debtor  further  credit  without  security  of  any  kind  for  property  which  becomes 
a  part  of  the  debtor's  estates,  the  amount  of  such  new  credit  remaining  unpaid 
at  the  time  of  the  adjudication  in  bankruptcy  may  be  set  off  against  the  amount 
which  would  otherwise  be  recoverable  from  him. 

d  If  a  debtor  shall,  directly  or  indirectly,  in  contemplation  of  the  filing  of  a 
petition  by  or  against  him,  pay  money  or  transfer  property  to  an  attorney  and 
counselor  at  law,  solicitor  in  equity,  or  proctor  in  admiralty  for  services  to  bo 
rendered,  the  transaction  shall  be  re-examined  by  the  court  on  petition  of  the 
trustee  or  any  creditor  and  shall  only  be  held  valid  to  the  extent  of  a  reason- 
ble  amount  to  be  determined  by  the  court,  and  the  excess  may  be  recovered  by 
the  trustee  for  the  benefit  of  the  estate. 


696  THE  BANKKUPTCY  ACT  OF  1898. 


CHAPTER  VII. 

ESTATES. 

§  61.  Depositories  for  Money. 

a  Courts  of  bankruptcy  shall  designate,  by  order,  banking  institutions  as 
depositories  for  the  money  of  bankrupt  estates,  as  convenient  as  may  be  to  the 
residences  of  trustees,  and  shall  require  bonds  to  the  United  States,  subject  to 
their  approval,  to  be  given  by  such  banking  institutions,  and  may  from  time  to 
time  as  occasion  may  require,  by  like  order  increase  the  number  of  depositories 
or  the  amount  of  any  bond  or  change  such  depositories. 

§  G2.  Eicpenses  of  Administering  Estates. 

a  The  actual  and  necessar\-  expenses  incurred  by  officers  in  the  administra- 
tion of  estates  shall,  except  where  other  provisions  are  made  for  their  payment, 
be  reported  in  detail,  under  oath,  and  examined  and  approved  or  disapproved  by 
the  court.  If  approved,  they  shall  be  paid  or  allowed  out  of  the  estates  in. 
which  they  were  incurred. 

§  63.  Debts  w^hich  may  be  Proved. 

a  Debts  of  the  bankrupt  may  be  proved  and  allowed  against  his  estate  which 
are  (1)  a  fixed  liability  as  evidenced  by  a  judgment  or  an  instrument  in 
writing,  absolutely  owing  at  the  time  of  the  filing  of  the  petition  against  liim,. 
whether  then  payable  or  not,  with  any  interest  thereon  which  would  have  been 
recoverable  at  that  date  or  with  a  rebate  of  interest  upon  such  as  were  not  then 
payable  and  did  not  bear  interest;  (2)  due  as  costs  taxable  against  an  involun- 
tary bankrupt  who  was  at  the  time  of  the  filing  of  the  petition  against  him 
plaintiff  in  a  cause  of  action  which  would  pass  to  the  trustee  and  which  the 
trustee  declines  to  prosecute  after  notice;  (3)  founded  upon  a  claim  for  tax- 
able costs  incurred  in  good  faith  by  a  creditor  before  the  filing  of  the  petition 
in  an  action  to  recover  a  provable  debt;  (4)  founded  upon  an  open  account,  or 
upon  a  contract  express  or  implied;  and  (5)  founded  upon  provable  debts 
reduced  to  judgments  after  the  filing  of  the  petition  and  before  the  considera- 
tion of  the  bankrupt's  application  for  a  discharge,  less  costs  incurred  and 
interest  accrued  after  the  filing  of  the  petition  and  up  to  the  time  of  the  entry 
of  such  judgments. 

h  Unliquidated  claims  against  the  bankrupt  may,  pursuant  to  application 
to  the  court,  be  liquidated  in  such  manner  as  it  shall  direct,  and  may  thereafter 
be  proved  and  allowed  against  his  estate. 


THE  BANKRUPTCY  ACT  OF  1898.  697 

§  64.   Debts  -which  have  Priority. 

a  The  court  shall  order  the  trustee  to  pay  all  taxes  legally  due  and  owing 
by  the  bankrupt  to  the  United  States,  State,  county,  district,  or  municipality  iu 
advance  of  the  payment  of  dividends  to  creditors,  and  upon  filing  the  receipts 
of  the  proper  public  officers  for  such  payment  he  shall  be  credited  with  the 
amount  thereof,  and  in  case  any  question  arises  as  to  the  amount  or  legality 
of  any  such  tax  the  same  shall  be  heard  and  determined  by  the  court. 

h  The  debts  to  have  priority,  except  as  herein  provided,  and  to  be  paid  in 
full  out  of  bankrupt  estates,  and  the  order  of  payment  shall  be  (1)  the  actual 
and  necessary  cost  of  preserving  the  estate  subsequent  to  filing  the  petition; 
{2}  the  filing  fees  paid  by  creditors  in  involuntary  cases,  and  where  property 
of  the  bankrupt,  transferred  or  concealed  by  him  either  before  or  after  the 
filing  of  the  petition,  shall  have  been  recovered  for  the  benefit  of  the  estate  of 
the  banki'upt  by  the  efforts  and  at  the  expense  of  one  or  more  creditors,  the 
reasonable  expenses  of  such  recovery;  (3)  the  cost  of  administration,  includ- 
ing the  fees  and  mileage  payable  to  witnesses  as  now  or  hereafter  provided  by 
the  laws  of  the  United  States,  and  one  reasonable  attorney's  fee,  for  the  pro- 
fessional services  actually  rendered,  irrespective  of  the  number  of  attorneys 
employed,  to  the  petitioning  creditors  in  involuntary  cases,  to  the  bankrupt  in 
involuntary  eases  while  performing  the  duties  herein  described,  and  to  the 
bankrupt  in  voluntary  cases,  as  the  court  may  allow;  (4)  wages  due  to 
workmen,  clerks,  traveling  or  city  salesmen,^  or  servants  which  have  been 
earned  within  three  months  before  the  date  of  the  commencement  of  proceed- 
ings, not  to  exceed  three  hundred  dollars  to  each  claimant;  and  (5)  debts 
owing  to  any  person  who  by  the  laws  of  the  States  or  the  United  States  is 
entitled  to  priority. 

c  In  the  event  of  the  confirmation  of  a  composition  being  set  aside,  or  a 
discharge  revoked,  the  property  acquired  by  the  bankrupt  in  addition  to  his 
estate  at  the  time  the  composition  was  confirmed  or  the  adjudication  was  made 
shall  be  applied  to  the  payment  in  full  of  the  claims  of  creditors  for  property 
sold  to  him  on  credit,  in  good  faith,  while  such  composition  or  discharge  was 
in  force,  and  the  residue,  if  any,  shall  be  applied  to  the  payment  of  the  debts 
which  were  owing  at  the  time  of  the  adjudication, 

§  65.  Declaration  and  Payment  of  Dividends. 

a  Dividends  of  an  equal  per  centum  shall  be  declared  and  paid  on  all 
allowed  claims,  except  such  as  have  priority  or  are  secured. 

h  The  first  dividend  shall  be  declared  within  thirty  days  after  the  adjudica- 
tion, if  the  money  of  the  estate  in  excess  of  the  amount  necessary  to  pay  the 
debts  which  have  priority  and  such  claims  as  have  not  been,  but  probably  will 
be,  allowed  equals  five  per  centum  or  more  of  such  allowed  claims.  Dividends 
subsequent  to  the  first  shall  be  declared  upon  like  terms  as  the  first  and  as 
often  as  the  amount  shall  equal  ten  per  centum  or  more  and  upon  closing  the 
estate.  Dividends  may  be  declared  oftener  and  in  smaller  proportions  if  the 
1  Amended  by  act  of  1906,  approved  June  15. 


698  THE  BANKRUPTCY  ACT  OF  1898. 

judge  shall  so  order:  Provided,  That  the  first  dividend  shall  not  include  more 
than  fifty  per  centum  of  the  money  of  the  estate  in  excess  of  the  amount 
necessary  to  pay  the  dehts  which  have  priority  and  such  claims  as  probably 
will  be  allowed:  And  provided  further.  That  the  final  dividend  shall  not  be 
declared  within  three  months  after  the  first  dividend  shall  be  declared. 

c  The  rights  of  creditors  who  have  received  dividends,  or  in  whose  favor 
final  dividends  have  been  declared,  shall  not  be  affected  by  the  proof  and  allow- 
ance of  claims  subsequent  to  the  date  of  such  payment  or  declarations  of 
dividends ;  but  the  creditors  proving  and  securing  the  allowance  of  such  claims 
shall  be  paid  dividends  equal  in  amount  to  those  already  received  by  the  other 
creditors  if  the  estate  equals  so  much  before  such  other  creditors  are  paid  any 
further   dividends. 

d  Whenever  a  person  shall  have  been  adjudged  a  bankrupt  by  a  court 
without  the  United  States  and  also  by  a  court  of  bankruptcy,  creditors  residing 
within  the  United  States  shall  first  be  paid  a  dividend  equal  to  that  received 
in  the  court  without  the  United  States  by  other  creditors  before  creditors  who 
have  received  a  dividend  in  such  court  shall  be  paid  any  amounts. 

e  A  claimant  shall  not  be  entitled  to  collect  from  a  bankrupt  estate  any 
greater  amount  than  shall  accrue  pursuant  to  the  provisions  of  this  act. 

^  66.  Unclaimed  Dividends. 

a  Dividends  which  remain  unclaimed  for  six  months  after  the  final  dividend 
has  been  declared  shall  be  paid  by  the  trustee  into  court. 

h  Dividends  remaining  unclaimed  for  one  year  shall,  under  the  direction  of 
the  court,  be  distributed  to  the  creditors  whose  claims  have  been  allowed  but 
not  paid  in  full,  and  after  such  claims  have  been  paid  in  full  the  balance  shall 
be  paid  to  the  bankrupt:  Provided,  That  in  case  unclaimed  dividends  belong 
to  minors  such  minors  may  have  one  year  after  arriving  at  majority  to  claim 
such  dividends. 

^  67.  Liens. 

a  Claims  which  for  want  of  record  or  for  other  reasons  would  not  have  been 
valid  liens  as  against  the  claims  of  the  creditors  of  the  bankrupt  shall  not  be 
liens  against  his  estate. 

b  Whenever  a  creditor  is  prevented  from  enforcing  his  rights  as  against  a 
lien  created,  or  attempted  to  be  created,  by  his  debtor,  who  afterwards  becomes 
a  bankrupt,  the  trustee  of  the  estate  of  such  bankrupt  shall  be  subrogated  to 
and  may  enforce  such  rights  of  such  creditor  for  the  benefit  of  the  estate. 

c  A  lien  created  by  or  obtained  in  or  pursuant  to  any  suit  or  proceeding  at 
law  or  in  equity,  including  an  attachment  upon  mesne  process  or  a  judgment 
by  confession,  which  was  begun  against  a  person  within  four  months  before  the 
filing  of  a  petition  in  bankruptcy  by  or  against  such  person  shall  be  dissolved 
by  the  adjudication  of  such  person  to  be  a  bankrupt  if  (1)  it  appears  that  said 
lien  was  obtained  and  permitted  while  the  defendant  was  insolvent  and  that  its 
existence  and  enforcement  will  work  a  preference,  or  (2)  the  party  or  parties 


THE  BANKRUPTCY  ACT  OF  1898.  699 

to  be  benefited  thereby  had  reasonable  cause  to  believe  the  defendant  was  in- 
solvent and  in  contemplation  of  bankruptcy,  or  (3)  that  such  lien  was  sought 
and  permitted  in  fraud  of  the  provisions  of  this  act;  or  if  the  dissolution  of 
such  lien  would  militate  against  the  best  interests  of  the  estate  of  such  person 
the  same  shall  not  be  dissolved,  but  the  trustee  of  the  estate  of  such  person,  for 
the  benefit  of  the  estate,  shall  be  subrogated  to  the  rights  of  the  holder  of  such 
lien  and  empowered  to  perfect  and  enforce  the  same  in  his  name  as  trustee 
with  like  force  and  effect  as  such  holder  might  have  done  had  not  bankruptcy 
proceedings  intervened. 

d  Liens  given  or  accepted  in  good  faith  and  not  in  contemplation  of  or  in 
fraud  upon  this  Act,  and  for  a  present  consideration,  which  have  been  recorded 
according  to  law,  if  record  thereof  was  necessary  in  order  to  impart  notice, 
shall,  to  the  extent  of  such  present  consideration  only,  not  he  affected  by  this 
Act. 

e  That  all  conveyances,  transfers,  assignments,  or  incumbrances  of  his 
property,  or  any  part  thereof,  made  or  given  by  a  person  adjudged  a  bank- 
rupt under  the  provisions  of  this  act  subsequent  to  the  passage  of  this  act  and 
within  four  months  prior  to  the  filing  of  the  petition,  with  the  intent  and  pur- 
pose on  his  part  to  hinder,  delay,  or  defraud  his  creditors,  or  any  of  them, 
shall  be  null  and  void  as  against  the  creditors  of  such  debtor,  except  as  to  pur- 
chasers in  good  faith  and  for  a  present  fair  consideration ;  and  all  property  of 
the  debtor  conveyed,  transferred,  assigned,  or  encumbered  as  aforesaid  shall, 
if  he  be  adjudged  a  bankrupt,  and  the  same  is  not  exempt  from  execution  and 
liability  for  debts  by  the  law  of  his  domicile,  be  and  remain  a  part  of  the  assets 
and  estate  of  the  bankrupt  and  shall  pass  to  his  said  trustee,  whose  duty  it 
shall  be  to  recover  and  reclaim  the  same  by  legal  proceedings  or  otherwise  for 
the  benefit  of  the  creditors.  And  all  conveyances,  transfers,  or  incumbrances  of 
his  property  made  by  a  debtor  at  any  time  within  four  months  prior  to  tho 
filing  of  the  petition  against  him,  and  while  insolvent,  which  are  held  null  and 
void  as  against  the  creditors  of  such  debtor  by  the  laws  of  the  State,  Territory, 
or  District  in  which  such  property  is  situate,  shall  be  deemed  null  and  void 
under  this  act  against  the  creditors  of  such  debtor  if  he  be  adjudged  a  bank- 
rupt, and  such  property  shall  pass  to  the  assignee  and  be  by  him  reclaimed 
and  recovered  for  the  benefit  of  the  creditors  of  the  bankrupt.  For  the  pur- 
pose of  such  recovery  any  court  of  bankruptcy  as  hereinbefore  defined,  and 
any  State  court  which  would  have  had  jurisdiction  if  bankruptcy  had  not  in- 
tervened, shall  have  concurrent  jurisdiction. 

/  That  all  levies,  judgments,  attachments,  or  other  liens,  obtained  through 
legal  proceedings  against  a  person  who  is  insolvent,  at  any  time  within  four 
months  prior  to  the  filing  of  a  petition  in  bankruptcy  against  him,  shall  be 
deemed  null  and  void  in  case  he  is  adjudged  a  bankrupt,  and  the  property 
affected  by  the  levy,  judgment,  attachment,  or  other  lien  shall  be  deemed 
wholly  discharged  and  released  from  the  same,  and  shall  pass  to  the  trustee 
as  a  part  of  the  estate  of  the  bankrupt,  unless  the  court  shall,  on  due  notice, 
order  that  the  right  under  such  levy,  judgment,  attachment  or  other  lien 


700  THE  BANKRUPTCY  ACT  OF  1898. 

shall  be  preserved  for  the  benefit  of  the  estate;  and  thereupon  the  same 
may  pass  to  and  shall  be  preserved  by  the  trustee  for  the  benefit  of  the 
estate  as  aforesaid..  And  the  court  may  order  such  conveyance  as  shall  be 
necessary  to  carry  the  purposes  of  this  section  into  effect:  Provided,  That 
nothing  herein  contained  shall  have  the  effect  to  destroy  or  impair  the 
title  obtained  by  such  levy,  judgment,  attachment,  or  other  lien,  of  a  bona 
fide  purchaser  for  value  who  shall  have  acquired  the  same  without  notice  or 
reasonable  cause  for  inquiry. 

§  68.  Set-offs  and  Counterclaims. 

a  In  all  cases  of  mutual  debts  or  mutual  creditors  between  the  estate  of  a 
bankrupt  and  a  creditor  the  account  shall  be  stated  and  one  debt  shall  be  set 
off  against  the  other,  and  the  balance  only  shall  be  allowed  or  paid. 

&  A  set-off  or  counterclaim  shall  not  be  allowed  in  favor  of  any  debtor  of 
the  bankrupt  which  (1)  is  not  provable  against  the  estate;  or  (2)  was  pur- 
chased by  or  transferred  to  him  after  the  filing  of  the  petition,  or  within 
four  months  before  such  filing,  with  a  view  to  such  use  and  with  knowledge 
or  notice  that  such  bankrupt  was  insolvent,  or  had  committed  an  act  of 
bankruptcy. 

§  69.  Possession  of  Property. 

a  A  judge  may,  upon  satisfactory  proof,  by  affidavit,  that  a  bankrupt  against 
whom  an  involuntary  petition  has  been  filed  and  is  pending  has  committed  an 
act  of  bankruptcy,  or  has  neglected  or  is  neglecting,  or  is  about  to  so  neglect 
his  property  that  it  has  thereby  deteriorated  or  is  thereby  deteriorating  or  is. 
about  thereby  to  deteriorate  in  value  issue  a  warrant  to  the  marshal  to  seize 
and  hold  it  subject  to  further  orders.  Before  such  warrant  is  issued  the 
petitioners  applying  therefor  shall  enter  into  a  bond  in  such  an  amount  as  the 
judge  shall  fix,  with  such  sureties  as  he  shall  approve,  conditioned  to  indemnify 
such  bankrupt  for  such  damages  as  he  shall  sustain  in  the  event  such  seizure 
shall  prove  to  have  been  wrongfully  obtained.  Such  property  shall  be  released,. 
if  such  bankrupt  shall  give  bond  in  a  sum  which  shall  be  fixed  by  the  judge,, 
with  such  sureties  as  he  shall  approve,  conditioned  to  turn  over  such  property,. 
or  pay  the  value  thereof  in  money  to  the  trustee,  in  the  event  he  is  adjudged 
a  bankrupt  pursuant  to  such  petition. 

§  70.  Title  to  Property. 

a  The  trustee  of  the  estate  of  a  bankrupt,  upon  his  appointment  and  qualifi- 
cation, and  his  successor  or  successors,  if  he  shall  have  one  or  more,  upon  his  or 
their  appointment  and  qualification  shall  in  turn  be  vested  by  operation  of  lav/ 
with  the  title  of  the  bankrupt,  as  of  the  date  he  was  adjudged  a  bankrupt,, 
except  in  so  far  as  it  is  to  property  which  is  exempt,  to  all  (1)  documents 
relating  to  his  property;  (2)  interests  in  patents,  patent  rights,  copyrights,  and 
trade-marks;  (3)  powers  which  he  might  have  exercised  for  his  own  benefit, 
but  not  those  which  he  might  have  exercised  for  some  other  person;  (4)  prop- 


THE  BANKRUPTCY  ACT  OF  1898.  701 

erty  transferred  by  him  in  fraud  of  his  creditors;  (5)  property  which  prior  to 
the  filing  of  the  petition  he  could  by  any  means  have  transferred  or  which 
might  have  been  levied  upon  and  sold  under  judicial  process  against  him: 
Provided,  That  when  any  bankrupt  shall  have  any  insurance  policy  which 
has  a  cash  surrender  value  payable  to  himself,  his  estate,  or  personal  repre- 
sentatives, he  may,  within  thirty  days  after  the  cash  surrender  value  has 
Ijeen  ascertained  and  stated  to  the  trustee  by  the  company  issuing  the  same, 
pay  or  secure  to  the  trustee  the  sum  so  ascertained  and  stated,  and  continue 
to  hold,  own,  and  carry  such  policy  free  from  the  claims  of  the  creditors  par- 
ticipating in  the  distribution  of  his  estate  under  the  bankruptcy  proceed- 
ings, otherwise  the  policy  shall  pass  to  the  trustee  as  assets;  and  (6)  rights 
of  action  arising  upon  contracts  or  from  the  unlawful  taking  or  detention 
of,  or  injury  to,  his  property. 

h  All  real  and  personal  property  belonging  to  bankrupt  estates  shall  be 
appraised  by  three  disinterested  appraisers;  they  shall  be  appointed  by,  and 
report  to,  the  court.  Eeal  and  personal  property  shall,  when  practicable, 
be  sold  subject  to  the  approval  of  the  court;  it  shall  not  be  sold  otherwise 
than  subject  to  the  approval  of  the  court  for  less  than  seventy-five  per 
centum  of  its  appraised  value. 

c  The  title  to  property  of  a  bankrupt  estate  which  has  been  sold,  as  herein 
provided,  shall  be  conveyed  to  the  purchaser  by  the  trustee. 

d  Whenever  a  composition  shall  be  set  aside,  or  discharge  revoked,  the 
trustee  shall,  upon  his  appointment  and  qualification,  be  vested  as  herein 
provided  with  the  title  to  all  of  the  property  of  the  bankrupt  as  of  the  date 
of  the  final  decree  setting  aside  the  composition  or  revoking  the  discharge. 

e  The  trustee  may  avoid  any  transfer  by  the  bankrupt  of  his  property 
which  any  creditor  of  such  bankrupt  might  have  avoided,  and  may  recover 
the  property  so  transferred,  or  its  value,  from  the  person  to  whom  it  was 
transferred,  unless  he  was  a  bona  fide  holder  for  value  prior  to  the  date 
of  the  adjudication.  Such  property  may  be  recovered  or  its  value  collected 
from  whoever  may  have  received  it,  except  a  bona  fide  holder  for  value. 
For  the  purpose  of  such  recovery  any  court  of  bankruptcy  as  hereinbefore 
defined,  and  any  State  court  which  would  have  had  jurisdiction  if  bank- 
ruptcy had  not  intervened,  shall  have  concurrent  jurisdiction. 

/  ITpon  the  confirmation  of  a  composition  offered  by  a  bankrupt,  the  title 
to  his  jiroperty  shall  thereupon  revest  in  him. 

§71. 

That  the  clerks  of  the  several  district  courts  of  the  United  States 
shall  prepare  and  keep  in  their  respective  offices  complete  and  convenient 
indexes  of  all  petitions  and  discharges  in  bankruptcy  heretofore  or  hereafter 
filed  in  the  said  courts,  and  shall,  when  requested  so  to  do,  issue  certificates 
of  search  certifying  as  to  whether  or  not  any  such  petitions  or  discharges 
have  been  filed;  and  said  clerks  shall  be  entitled  to  receive  for  such  certifi- 
cates the  same  fees  as  now  allowed  by  law  for  certificates  as  to  judgments 


702  THE  BANKRUPTCY  ACT  OF  1898. 

ill  said  courts:  Provided,  That  said  bankruptcy  indexes  and  dockets,  shall 
at  all  times  be  open  to  inspection  and  examination  by  all  persons  or  corpo- 
lations  without  any  fee  or  charge  therefor. 

§72. 

lliat  neither  the  referee,  receiver,  marshal,  nor  trustee  shall  in  any  form  or 
guise  receive,  nor  shall  the  court  allow  him,  any  other  or  further  compensation 
for  his  services  than  that  expressly  authorized  and  prescribed  in  this  Act, 

THE  TIME  WHEN  THIS  ACT  SHALL  GO  INTO  EFFECT. 

The  original  act  of  1898  provided  as  follows. 

a  This  act  shall  go  into  full  force  and  effect  upon  its  passage:  Provided, 
however,  That  no  petition  for  voluntary  bankruptcy  shall  be  filed  within  one 
month  of  the  passage  thereof,  and  no  petition  for  involuntary  bankruptcy 
shall  be  filed  within  four  months  of  the  passage  thereof. 

h  Proceedings  commenced  under  State  insolvency  laws  before  the  passage 
of  this  act  shall  not  be  affected  by  it. 

The  amendatory  act  of  1903  provides  as  follow^s. 
§19. 

That  the  provisions  of  this  amendatory  act  shall  not  apply  to  bankruptcy 
cases  pending  when  this  act  takes  effect,  but  such  cases  shall  be  adjudicated 
and  disposed  of  conformably  to  the  provisions  of  the  said  act  of  July  first, 
eighteen  hundred  and  ninety-eight. 

The  amendatory  act  of  1910  provides  as  follovrs. 

§14. 

That  the  provisions  of  this  amendatory  Act  shall  not  apply  to  hanJcruptcy 
cases  pending  when  this  Act  takes  effect,  hut  such  cases  shall  he  adjudicated 
and  disposed  of  conformahly  to  the  provisions  of  said  Act  approved  July  first, 
eighteen  hundred  and  ninety-eight,  as  amended  hy  said  Act  approved  February 
fifth,  nineteen  hundred  and  three,  and  as  further  amended  by  said  Act  ap- 
proved June  fifteenth,  nineteen  hundred  and  six. 

Approved,  June  25,  1910. 


INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

[As  amended.'] 


A.  PAGE 

Abatement   of  bankruptcy   proceedings 673 

Absence  of  referee,  effect  of 686 

Acceptance  of  composition  by  creditors,  when  necessary 674 

Accounts  by  clerks  in  bankruptcy  proceedings 690 

of  insolvent  partnership   671 

trustees 686 

notice  to  creditors  of  filing 693 

Acts  of  bankruptcy,  in  what  to  consist 670 

Additional  compensation  to  officers 668 

parties  in  bankruptcy  proceedings 668 

property  of  bankrupt,  application  of 697 

Adjudication  of  property,  definition  of 665 

provisions   as   to , 677 

on  default  of  pleadings 677 

decree  to  be  filed  where  real  estate  is  situated 687 

Administration  of  oaths  and  affirmations 678 

Admission  of  insolvency,  effect  of 66B 

Affidavits  for  arrest  of  bankrupt 673 

Affirmation,  when  taken  instead  of  oath 678 

who  may  take 678 

Allowance,  etc.,  of  claims  against  bankrupts 668 

of    secured    creditor 692 

provision   as  to 692 

preferred   claims    692 

set-oflFs   and    counterclaims 700 

State,   county,   etc.,  debts 693 

Amendments  to   act,   effect  of 702 

Amount  of  dividend  to  be  collected 698 

referee's   bond    689 

trustee's   bond    689 

Answer,  averments  in,  as  to  number  of  creditors 694 

in  bankruptcy  proceedings,  provisions  as  to 677 

Appeal,  bond  of  trustee  not  required  on 580 

in  bankruptcy  proceedings,  when  allowed 580 

time  for  taking   580 

Appearance  of  creditors  after  filing  of  petition 694 

Appellate  courts,  definition  of 665 

jurisdiction  of   679 

Application  for  confirmation  of  composition,   filing,  etc.,  of 674 

discharge,    filing,    etc.,   of 675 

of  additional  property  of  bankrupt '. 698 

Appointment  of  receivers  of  bankrupt  estates 668 

referees 683 

trustees 669,  686 

[703] 


704  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

PAGE 

Apportionment  of  compensation  among  referees 685 

Appraisal  of  bankrupt's  property   701 

Appropriation  of  proceeds  of   insolvent   partnership   property 671 

Approval  by  court  of  compromise 681 

of  expenses  in  administering  bankrupt  estates 696 

Arbitration  of  controversies   680 

Arrest  of  bankrupts 673 

Attendance  of  witnesses 678 

Attorney,  etc.,  transfers  in  contemplation  of  insolvency  to 695 

general,  duties  of    690 

to  receive  statistical  information,  etc 690 

Averments  in  petition  as  to  number  of  creditors 694 

Avoidance  of  bankrupt's  acts  by  trustee 701 

B. 

Bail   of  bankrupt,  about  to  depart 673 

Banking  institutions  as  depositories  for  moneys,  etc 693 

Bankrupt,  death  or   insanity  of 673 

definition  of    665 

duties  of    672 

effect  of  discharge  on  co-debtors  of 676 

exemption  of,  under  State  law 672 

extradition  of    669,  674 

protection  and  detention  of 673 

suits  by  and  against 674 

trial,   etc.,   of 668 

who  may  become   671 

estate,  allowance  of  claims  against 668 

collection  of    668 

proof,  etc.,  of  claims  of 692 

Bankruptcy,  definition  of  commencement  of 666 

of  certain  members  of  a  partnership 671 

what  acts  to  constitute 670 

Banks  not  to  be  adjudged  bankrupt 671 

Bond  of  banking  institutions,  acting  as  depositories 696 

in  insolvency  proceedings 671 

of  referees 689 

on  release  of  bankrupt's  property 700 

suits  on,  when  to  be  brought 689 

Bond  by  trustees,  provisions  as  to 689 

not  required  on  appeal 680 

on  warrant  for  seiziire  of  bankrupt's  property 700 

Books,  etc.,  in  insolvency  proceedings 670 

Burden  of  proof  in  bankruptcy  proceedings 670 

C. 

Cash  surrender  value  of  policy,  payment  of 700 

Charge  of  bankrupt  estate 668,  671 

Certification  of  controversies  to  perfect  appeal,  etc 681 

facts,  constituting  contempt    685 

records,  kept  by  referees 685,  68^ 

Certified  copies  of  proceedings,  to  be  evidence,  etc G7S 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  705 

PAGE 

Certiorari  in  bankruptcy  proceeding3 680 

Cluldren  of  bankrupts,  rights  of G73 

Circuit  courts,  jurisdiction  of 679 

appellate  jurisdiction  of    670 

Claims  against  bankrupts,  allowance  of 668 

of  bankrupt  estates,  presentation,  etc.,  of 603 

proof  and  allowance  of 602 

of  secured  creditors    602 

subsequent  to  declaration  of  dividends 608 

time  for  presentation  of 603 

Clerks,  compensation  of,  etc 600,  701 

duties  of    600 

definition  of    665 

to  keep  indexes  of  banlcruptcy  matters 701,  702 

may  order  reference   677 

Closing  bankrupt  estates   668 

Co-debtors  of  bankrupt 676 

Collection  of  bankrupt  estates 668 

fees  for  clerks 600 

moneys  by  trustees   686 

Commencement  of  proceedings,  definition  of 0(56 

Compensation  of  clerks    600,  701 

marshals 600 

officers 668 

referees 685,  702 

stenographers  employed  by  referees 684 

trustees 687,  688,  702 

Composition,  confirmation  and  rejection  of 668 

Compromise  of  controversies  by  trustees 680 

notice  to  creditors  of 603 

Computation  of  time   682 

Computing  number  of  creditors 682 

time  for  filing  petition 670 

Conceal,  definition  of   666 

of  property  by  bankrupt,  punishment  for 681 

Concurrent  jurisdiction  of  circuit  courts 670 

Confirmation  of  composition   668,  674 

Consent  for  selecting  arbitrators 680 

when  not  to  cause  dismissal  of  petition 694 

Consolidation  of  cases  in  bankruptcy 682 

Construction  of  court  powers 669 

words  and  phrases    665,  666,  667 

Contempt,  arrest  of  bankrupt  for 673 

manner  of  punishment  for    685 

summary  hearing  on 685 

before  referee,  what  to  constitute 685 

Contents  of  records  kept  by  referees 672 

schedules  of  property  602 

statement  in  proof  of  claim 600 

statistical  tables  furnished  by  Attorney-General 668 

Continuance  of  bankrupt's  business GSO 


706  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

PACiK 

Controversies,  arbitration  of    680 

compromise  by  trustees  of 680 

in  law  and  equity,  jurisdiction  over 680 

Consular  officers,  may  administer  oaths,  etc 678 

Conveyance  of  bankru^jt's  property,  trustee  to  execute 701 

with  intent  to  defraud 670 

Corporations,  definition  of    665 

may  act  as  sureties  on  bonds 680 

when  to  be  adjudged  bankrupt 671 

bankrupt,  liability  of  stockholders 671 

may  act  as  trustees   686 

Costs  allowed  against  bankrupt  estate 696 

in  insolvency  proceedings    671 

of   administration    697 

preserving  estate   697 

taxation  of    669 

Counterclaims,    allowance    of 70(1 

Courts,  definition  of 66() 

of  bankruptcy,  definition  of 666 

creation   of    66S 

to  designate  newspapers,  etc 681 

may  call  meetings  of  creditors 691 

Credit  given  by  preferred   creditor 695 

Creditors,  definition  of    666 

meetings  of,  provisions  as  to 69 1 

notice  to,  when  given 69."] 

of  foreign  bankrupt   698 

related  to  bankrupts    694 

when  may  file  petitions   694 

Custody  of  bankrupt  about  to  depart 673 

D. 

Damages  for  seizure,  etc.,  in  ])ankruptcy 671,  700 

Date  of  bankruptcy,  definition  of 666 

creditors'  meetings 691 

Deafh  of  bankrupt,  effect  of 673 

trustees,  effect  of    686 

Debts  allowed  against  estate  of  bankrupt 696 

definition  of    666 

created  by  fraud   676 

not  scheduled,  effect  of 676 

of  United  States,  etc.,  allowance  of 693 

when  not  affected  by  discharge 676 

having  priority,  enumeration  of 697 

Declaration  of  dividends  on  claims 697 

Defense  to  bankruptcy  proceedings 670 

by  trustee  of  actions  against  bankrupts 674 

Definitions 665,  666,  667 

Denial  of  insolvency  allegations,  effect  of 670 

Departure  of  bankrupt,  as  cause  for  detention 673 

Deposit  of  moneys  by  trustees 6S& 

Depositions,  determination  of  right  to  take 678 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  707 

PAGE 

Depositories  of  moneys  for  bankrupt  estates 69G 

Designation  of  depositories  for  estates,  etc CiJO 

newspapers  for  publication  of  notices (iSl 

Detention  of  bankrupts   673 

Determination  of  issues  in  bankruptcy 677 

right  to  trial  by  jury 077,  67S 

securities  held  by  creditors 692 

Diplomatic  ollicers  may  administer  oaths,  etc 678 

Disability  of  referees,  effect  of 686 

Disbursement  of  moneys  by  trustees 686 

Discharge  of  bankrupts,  provisions  as  to 676 

definition  of    666 

when  debts  not  affected  by 676 

to  release  bankrupt  from  debts 676 

refusal  or  revocation  of 676 

Dismissal  of  bankruptcy  proceedings   668 

of  petition,  provisions  as  to 694 

notice  to  creditors  of   693 

Disobedience  to  orders  of  referees,  effect  of 685 

Dissolution  of  liens  against  bankrupt's  property 698 

Distribution  of  bankrupt  estates 668 

consideration  of  composition 675 

unclaimed  dividends   69S 

Dividend  to  creditors  of  foreign  bankrupt 698 

disposition  of  unclaimed   698 

not  affected  by  subsequent  claims 698 

payment  of,  by  trustees   687 

provisions  as  to  declaration  and  payment  of 697 

on  reconsidered  claims,  recovery  of 693 

Document,   definition   of    666 

Dower  right  of  bankrupt's  widow 673 

Duties  of  Attorney-General    690 

bankrupts 672 

clerks  in  bankruptcy  proceedings   690 

creditors  at  meetings   691 

officers 683 

referees,  enumeration  of 684 

trustees 686 

E. 

Effect  of  certified  copies  of  proceedings  as  evidence 678 

confirmation  of  composition   675 

discharge  on  co-debtor's  of  bankrupt 676 

time  when  provisions  of  bankruptcy  act  to  go  into 702 

amendments  to  act   702 

Enforcing  provisions  of  bankruptcy  law 600 

Equity  suits,  process,  etc.,  in,  to  apply  to  bankruptcy  proceedings 677 

Evidence  of  certified  copies  of  proceedings 678 

debt  to  be  filed  with  proof  of  claim (?92 

jurisdiction,  what  to  constitute   679 

order  approving  bond  of  trustee,  effect  of 679 

preserved  by  referees   684 


708  INDEX  TO  BANKEUPTCY  ACT  OF  1898. 

PAGE 

Examination  of  bankrupt 668,  673 

notice   of    693 

wife  of  bankrupt   678 

expenses  in  administering  bankrupt  estates 696 

proof  of  claims  by  bankrupt 672 

Execution  of  papers,  etc.,  by  bankrupt 672 

Exemption  from  arrest  of  bankrupt 673 

Exemptions  of  bankrupt,  determination  of 669 

under  State  laws   672 

Expenses  of  administering  bankrupt  estates 696 

insolvent  partnership,  how  paid 671 

recovering  property,  prior  debt 697 

Extortion,  punishment  for 681 

Extradition  of  bankrupt,  when  made 6G9,  674 

F. 

Failure  to  give  bond  by  trustee  or  referee 689 

prove  claim,  effect  of 692 

False  claims,  information  by  bankrupt  as  to 669 

punishment  for  presentation  of 681 

oath,  punishment  for  making 681 

Farmers  not  to  be  adjudged  involuntary  bankrupts 671 

Fees,  priority  in  payment  of 697 

in  bankruptcy   proceedings 685,  687,  690 

of  bankrupt  attending  examination,  etc 673 

Filing  findings  of  arbitrators 681 

notice  to  take  depositions 678 

petitions,  who  entitled  to 693 

proof  of  claim   692 

Final  meeting  of  creditors,  when  held 691 

Finding  of  arbitrators,  effect,  etc.,  of 681 

etc.,  of  referees 669 

Foreign  counties,  dividend  of  bankrupt  in C9S 

Forms  of  procedure,  Supreme  Court  to  prescribe 682 

Fraud,  debts  created  by,  not  affected  by  discharge 676 

in  obtaining  discharge,  effect  of 676 

to  vitiate  composition   675 

G. 

General  assignment,  etc.,  effect  of 670 

reference,  when  ordered    677,  679 

Granting  of  discharge    675 

H. 

Hearing  on  application  to  confirm  composition 674 

discharge,  provisions  as  to 675,  676 

bankrupt  to  attend   672 

on  filing  volimtary  petition    677 

on  notice  to  creditors 6^3 

of  objections  to  allowance  of  claims 692 

Holiday,  definition  of  666 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  7Q9 

I.  PAGE 

Indexes  to  be  kept  by  clerks 701,  702 

Indictment  for  oflfenses,  limitation  of  time,  as  to 6S2 

Infant's  claims,  time  for  presentation  of 693 

Information  to  be  given  by  bankrupt 672 

of  offenses,  limitation  of  time  for 6S2 

Insane  persons,  time  for  presentation  of  claims  of 693 

Insanity  of  bankrupt,  effect  of 673 

Insolvency  proceedings  under  State  laws  not  affected,  etc 702 

question  of,  when  tried  by  jury 677 

Insolvent   person,   definition   of 666 

Insurance  policies,  title  to 701 

Interest  in  patents,  etc.,  to  vest  in  trustees 700 

Involuntary  petition,  jury  trial  on  filing  of 677 

J, 

Joining  creditors  after   filing  petition 694 

Joint  trustees,  bonds  of 689 

Judges,   definition   of 666 

duties   at   creditors'   meeting 691 

Judgments,  when  deemed  preference 695 

Jurisdiction  of  appellate  courts 679 

of  courts  of  bankruptcy 668 

evidence  of,  what  constitutes 67S 

of   referees 683 

of    Supreme    Court 679 

over   insolvent   partners,    etc 671 

of  State  courts 679,  695 

of  United  States  courts 679,  695 

Jury  trials,  who  entitled  to 677 

L. 

Liabilities  not  affected  by  discharge 676 

Liability  of  trustees  on  bonds 689 

Liens  against  bankrupt's  property,  provisions  as  to 698,  699 

to  defraud  creditors,  validity  of 699 

through    legal    proceedings 699 

recorded,  not  affected  by  bankruptcy 699 

Limitation  of  actions  on  bonds 689 

against    trustees 674 

bankrupt's    examination 673 

indictment  for  offenses,  etc 681 

time  for  presentation  of  claims 693 

List  of  creditors,  when  filed 694 

M. 

Planner  of  bankrupt's  extradition 674 

voting  at  ci'editors'  meeting 691 

Marshaling  assets  of  insolvent  partnership 671,  672 

Marshals  of  bankrupt's  estates,  appointment  of 66S 

compensation    of 690 

Masculine  gender,  construction  of 667 

Meaning  of  words  and  phrases 665,  666,  667 


710  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

PAGE 

Meeting  of  creditors,  bankrupt  to  attend 672 

notice   of 69 J 

provisions   as   to 691 

voters   at 691 

Minors,   unclaimed  dividends  of 698 

Misbehavior  on  hearing  before  referees 6S5 

N. 

Newspapers,  designation  of,  for  publication  of  notices 681 

Notices  to  creditors,  when  given 693 

Notice  to  creditors,  by  referees 693 

publication    of 693 

designation  of  newspapers  for  publication  of 681 

of  taking  depositions 678 

on  failure  of  personal  service  of  petition 677 

Number  of  creditors  vrho  may  file  petition 693,  6D4: 

of   referees 683 

0. 

Oath,   definition   of 666 

of  office  of  referees 683 

who   may   administer 67S 

Objections  to  allowance  of  claim 692 

Olt'enses,  concurrent  jurisdiction  of  circuit  courts  over 679 

enumeration  and  punishment  of 68 1 

Oft'er  of  composition,  when  made 674 

Officers  authorized  to  administer  oaths,  etc 678 

definition    of 6613 

in  bankruptcy,  duties,  etc.,  of 684,  686,  690 

of  the  United  States,  not  to  act  as  referees 683 

Orders  approving  bond  of  trustee,  as  evidence,  etc 679 

confirming,    etc.,    composition 674 

of  court,  bankrupt  to  comply  with 672 

as  to  procedure.  Supreme  Court  to  prescribe 682 

transferring  cases  in  bankruptcy 682 

P. 

Partners,  when  to  be  adjudged  bankrupt 671 

Payment  in  contemplation  of  insolvency,  validity  of 69.5 

of  dividends  on  claims 697 

notice  to  creditors  of 693 

of  taxes,  priority  of 697 

of  unclaimed  dividends 698 

Pendency  of  petition,  notice  to  creditors  of 694 

Persons,  definition  of 66(5 

Petition,   definition   of 6()l> 

to  be  filed  in  duplicate 694 

who  may  file,  etc 693 

against  insolvent  persons,  filing  of 67') 

Place   of   creditors'  meetings 69 1 

Pleadings  in  bankruptcy  proceedings 677 

Plural  number,  construction  of 667 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  711 

PAGE 

Possession  of  bankrupt's  property 701) 

wliat   deemed 694 

Preferred  claims,   allowance   of 092 

creditors  giving  further   credit 695 

provisions   as   to 694 

Presentation  of  claims,  time  for 093,  095 

false  claims,  punishment  for 681 

Procedure  in  courts  of  bankruptcy 677 

Process  in  bankruptcy  proceedings 677 

Production  of  documents  before  referees 085 

Proof  of  claim,  in  insolvent  partnerships 672 

of  what  to  consist 692 

solvency,    burden   of 670 

Property   of   bankrupt 668 

Prosecution  of  actions  by  trustees 674 

want  of,  not  to  cause  dismissal,  etc 694 

Protection   of   bankrupts 673 

Publication  of  notices,  to  creditors 693 

provisions    as    to 677 

designation  of  newspapers  for 681 

Punishment    of    bankrupts 668 

for   contempt,   manner   of 685 

for  offenses,  period  and  enumeration 681 

Q. 

Qualifications   of   referees 683 

trustees    68i) 

Question  of  insolvency,  when  tried  by  jury 677 

R. 

Real  estate,  adjudication  to  be  filed  where  situated 687 

Receiver,  application  for,  as  act  of  bankruptcy 670 

appointment  of,  as  act  of  bankruptcy 670 

of  bankrupt  estates,  appointment  of 068 

Reconsideration  of  allowed  claims 693 

Records   of    referees,    contents   of 685 

duties  as   to 685 

Recovery  of  dividends  on  reconsidered  claims 693 

property  given  to  attorneys,  etc 695 

transferred   with    intent    of   preference 094,  095 

expenses    of 697 

Re-examination  of  transfers  to  attorneys,  etc 695 

Referees,   absence   or   disability   of 0S6 

administration   of  oaths   by 678 

appointment,    etc.,    of 683,  685 

bonds   of 689 

compensation    of 702 

contempts,   before 685 

definition   of 668 

duties   of 684 

at  creditors'  meeting 691 


712  INDEX  TO  BANKRUPTCY  ACT  OF  1898. 

Referees  —  Contin  ued :  page 

interested  in  bankrupt's  estate 684 

jurisdiction    of 683 

notice  to  creditors  by 684,  693 

number  of 683 

oath  of  ollice  by 683 

offenses,  punishment  of 681,  685 

payment  of  fees  to 685 

not  to  practice  as  attorneys,  etc 684 

qualifications  of 683 

records,  contents,  etc.,  of 685 

not  to  be  related  to  judges,  etc 683 

residence   of 683 

Reference  of  cases,  after  adjudication 677 

when  may  be  rendered 677 

Refusal  of  discharge  in  bankruptcy 676 

Regularity  of  proceedings,  evidence  of 679 

Rejection  of  composition 668,  675 

Removal  of  referees 683 

trustees    686 

Reports  of  expenses  in  administering  bankrupt's  estates 696 

by    trustees 687 

Request  for  call  of  creditors'  meeting 691 

Residence,  etc.,  of  persons  adjudged  bankrupt 668 

referees    683 

Return  of  petition 677 

Revesting  of  title  in  bankrupt 701 

Revocation  of  discharge  of  bankrupt 676 

Right  to  jury  trial,  determination  of 678 

Rules  of  procedure,  Supreme  Court  to  prescribe 682 

S. 

Sale  of  bankrupt's  property 701 

notice    of 693 

Schedule  of  bankrupt's  property 672 

duty  of  referee  as  to 684 

Secured  creditors,  definition  of 666 

Securities  held  by  creditors,  determination  of 692 

Seizure  of  bankrupt  property  under  warrant 700 

Selection  of  arbitrators   in   controversies 681 

Service  of  notice  to  take  depositions 678 

petition  for  involuntary  bankruptcy 677 

Set-oflFs,  when  allowed 700 

of  credit  given  by  preferred  creditors 695 

Singular   number,   construction   of 667 

Special   reference,  when  ordered 679 

State,  definition  of 666 

court,  arrest  under  order  of 6/3 

jurisdiction    of " ' 

debts,  payment  of "^"^ 

law,   insolvency  proceedings  under '  ^^ 

exemptions    under " ' " 


INDEX  TO  BANKRUPTCY  ACT  OF  1898.  713 

PAGE 

Statement  of  administration  by  trustees 687 

in  proof  of  claim,  contents  of 692 

Statistics  of  bankruptcy  proceedings  by  officers,  etc 690 

Statistical  tables  furnished  by  Attorney -General 690 

Stay  of  action  by  or  against  bankrupts 674 

Stenographers   employed   by  referees 684 

Stockholders  of  bankrupt  corporation,  liability  of 671 

Submission  of  controversies  for  arbitration 680 

Subpoena   to  be   served  with   petition 677 

Subrogation  of  trustee  to  rights  of  lienor 698 

Suits  by   and   against  bankrupts 674 

trustees     674,  679 

on   referee's   bond 689 

on   trustee's   bond 689 

Summary  hearing  for   contempts 685 

Summoning  of  special  jury 678 

Supreme  Court,  jurisdiction  of 679 

to  prescribe  rules  of  procedure 682 

Sureties  on  referee's  or  trustee's  bonds 689 

corporations  may  act  as 689 

number  of 689 

Surplus  of  insolvent  partnership,  application  of 672 

T. 

Taxation    of    costs 669 

Taxes  not  to  be  affected  by  discharge  of  bankrvipt 676 

priority  in  payment  of 697 

Terms  of  referee's  office 683 

in  declaring  dividends 697 

Time  for  bringing  actions  on  bonds 689 

taking  appeals,  etc 680 

Time  of  bankruptcy,  definition  of 666 

computation  of , 682 

of   creditors'   meetings 691 

of  declaration  of  dividends 697 

,        for  filing  accounts  by  trustees 687 

Time  for  filing  petition  in  insolvency  proceedings 670 

referee's  bond 689 

trustee's  bond 689 

making  reports  by  trustees 687 

giving  notice  to  creditors 693 

paying    dividends 687 

unclaimed    dividends 698 

to  plead 677 

for    presentation    of    claims 693 

provisions  of  bankruptcy  act  taking  effect 702 

publication  of  notices  to  creditors 693 

return  of  petition 677 

Title  to  bankrupt's  property 700 

revesting  of 678 

evidence    of 679 


I 


714  INDEX  TO  BANKKUPTCY  ACT  OF  1898. 

PAGE 

Transfer,  definition  of 666 

in  contemplation  of  insolvency 695 

of   cases 669,  682 

from    referees 679 

to  be  executed  by  bankrupts 672 

■when  deemed  preference 670,  694,  695 

voidable    69.5 

Trial,  etc.,  of  bankrupts 668 

Trustees,    appointment    of 669,  686 

bonds  of 689 

compensation  of 687,  688,  702 

compromise  of  controversies  of 681 

death  or  removal  of 686 

definition   of 667 

defense  by,  of  actions  against  bankrujits 674 

duties  of,  enumerated 686 

offenses  by,  punishment  of 68 1 

prosecution  of  bankrupt's  actions  by 674 

of  insolvent  partnership 671 

qualifications  of 686 

to  have  title  to  bankrupt  property 700 

validity  of  acts  of 687 

U. 

Umpire  in  arbitration  of  controversies 681 

Unclaimed  dividends,  disposition  of 698 

V. 

Vacancy  by  failure  to  give  bonds 689 

in  office  of  referees,  filing  of 686 

Validity  of  transfers,  etc.,  in  contemplation  of  insolvency 60S,  699 

Value  of  sureties'  property 689 

Verification   of    pleadings 677 

Voidable  transfers  with  intent  of  preference 688,  695 

Void,  liens  to  defraud  creditors  to  be 699 

Voters  at  creditors'  meetings 691 

W. 

Wage-earner,  definition  of 667,  697 

not  to  be  adjudged  involuntary  Imnkrupt 671 

Wages,  priority  in  pajonent  of 697 

Waiver  of  jury  trial,  what  to  constitute 678 

Warrant  for  seizure  of  bankrupt's  property 700 

on  departure  of  bankrupt 673 

Widows  of  bankrupts,  rights  of 673 

Wife  of  bankrupt,  examination  of 678 

Writs  of  error,  when  allowed 680 


GENERAL    ORDERS  IN  BANKRUPTCY 

ADOPTED  BY  THE 

SUPREME  COURT  OF  THE  UNITED  STATES 

AT  THE  OCTOBER  TERM,  1898. 


Preamble. 

In  pursuance  of  the  powers  conferred  l)y  the  Constitution  and  laws  upon 
the  Supreme  Court  of  the  United  States,  and  particularly  by  the  act  of  Con- 
gress approved  July  1,  1898,  entitled  "xVn  act  to  establish  a  uniform  system 
of  bankruptcy  throughout  the  United  States,  it  is  ordered,  on  this  28th  day  of 
Xovember,  1898,  that  the  following  rules  he  adopted  and  established  as 
general  orders  in  bankrujjtc}',  to  take  effect  on  the  first  Monday,  being  the 
second  day,  of  January,  1899.  And  it  is  further  ordered  that  all  proceedings 
in  bankruptcy  had  before  that  daj',  in  accordance  with  the  act  last  aforesaid, 
and  being  in  substantial  conformity  either  with  the  provisions  of  these  general 
orders,  or  else  with  the  general  orders  established  by  this  court  under  the  bank- 
rupt act  of  1867  and  with  an}^  general  rules  or  special  orders  of  the  courts  in 
bankruptcy,  stand  good,  subject,  however,  to  such  further  regulation  by  rule 
or  order  of  those  courts  as  may  be  necessary  or  proper  to  carry  into  force  and 
effect  the  bankrupt  act  of  1898  and  the  general  orders  of  this  court. 

Cross  references:    To  the  law:    §  30. 

To  the  General  Orders:    XXXVII,  XXXVIII. 

To  the  Equity  Rules:      LXXIX.      (See,  also.  Revised  Statutes,  §§  913,  914.) 

ILLUSTRAXrVE  CASES. 

The  General  Orders  were  only  intended  to  execute  the  Act,  not  to  add  to  its  pro- 
visions. 

West  Co.  v.  Lea,  2  Am.  B.  R.  463:  174  U.  S.  590;  43  L.  Ed.  1098. 

In  re  Cobb,  7  Am.  B.  R.  202;   112  Fed.  655. 

In  re  Ingalls  Bros.,  13  Am.  B.  R.  512;  137  Fed.  517;  70  C.  C.  A.  101;  rev'd,  Orcutt 
Co.  v.  Green  (U.  S.  Sup.),  17  Am.  B.  R.  72;  204  U.  S.  96;  51  L.  Ed.  390. 

In  re  City  Contracting  &  Bldg.  Co.,  30  Am.  B.  R.  133. 

I.  Docket. 

The  clerk  shall  keep  a  docket,  in  which  the  cases  shall  be  entered  and 
numbered  in  the  order  in  which  they  are  commenced.  It  shall  contain  a 
memorandum  of  the  filing  of  the  petition  and  of  the  action  of  the  court  thereon, 
of  the  reference  of  the  case  to  the  refei-ec,  and  of  the  transmission  by  him  to 

[715] 


i 


716         GENERAL  ORDERS  IN  BANKRUPTCY. 

the  clerk  of  his  certified  record  of  the  proceedings,  with  the  dates  thereof,  and 
a  memorandum  of  all  proceedings  in  the  case  except  those  duly  entered  on  the 
referee's  certified  record  aforesaid.  The  docket  shall  be  arranged  in  a  manner 
convenient  for  reference,  and  shall  at  all  times  be  open  to  public  inspection. 

Cross  references:  To  the  law:  As  to  commencement  of  proceedings,  §  1  (10)  ;  As 
to  duties  of  the  cleric,  §§  51,  71;  As  to  duties  of  the  referee,  §§  29-c,  39-a  (7), 
42;  As  to  duties  of  the  trustee,  §§  29-c,  49. 

To  the  General  Orders:     II,  IV. 

To  the  Equity  Rules:    I-VI,  inclusive. 

II.  Filing  of  Papers. 

The  clerk  or  the  referee  shall  indorse  on  each  paper  filed  with  him  the  day 
and  hour  of  filing,  and  a  brief  statement  of  its  character. 

Cross  references:     To  the  law:     §§  18-a,  59-a-b. 
To  the  General  Orders:    VI,  IX,  XX. 

III.   Process. 

All  process,  summons  and  sul)poenas  shall  issue  out  of  the  court,  under  the 
seal  thereof,  and  be  tested  by  the  clerk ;  and  blanks,  with  the  signature  of  the 
clerk  and  seal  of  the  court,  may,  upon  application,  be  furnished  to  the  referees. 

Cross  references:    To  the  law:    As  to  process  in  involuntary  proceedings,  §  18-a  (and 
also  under  §§4  and  5) ;  As  to  process  to  witnesses,  §  21-a. 
To  the  General  Orders:    VIII. 
To  the  Equity  Rules:    VII  to  XVI,  inclusive. 

ILLUSTRATIVE  CASE. 
In  re  Abbey  Press  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  11;  134  Fed.  51;  67  C.  C.  A.  161. 

IV.   Conduct  of  Proceedings. 

Proceedings  in  bankruptcy  may  be  conducted  by  the  bankrupt  in  person  in 
his  own  behalf,  or  by  a  petitioning  or  opposing  creditor;  but  a  creditor  will 
only  be  allowed  to  manage  before  the  court  his  individual  interest.  Every 
party  may  appear  and  conduct  the  proceedings  by  attorney,  who  shall  be  an 
attorney  or  counselor  authorized  to  practice  in  the  circuit  or  district  court. 
The  name  of  the  attorney  or  counselor,  with  his  place  of  business,  shall  be 
entered  upon  the  docket,  with  the  date  of  the  entry.  All  papers  or  proceedings 
offered  by  an  attorney  to  be  filed  shall  be  indorsed  as  above  required,  and 
orders  granted  on  motion  shall  contain  the  name  of  the  party  or  attorney 
making  the  motion.  Notices  and  orders  which  are  not,  by  the  act  or  by  these 
general  orders,  required  to  be  served  on  the  party  personally  may  be  served 
upon  his  attorney. 

Cross  references:  To  the  law:  As  to  who  may  file  voluntary  petitions,  §§  4-a,  59-a; 
As  to  who  may  file  involuntary  petitions,  §  59-b;  As  to  partnership  petitions, 
§  5;   As  to  petitions  against  corporations,  §  4-b;  As  to  where  petitions  must 


GENERAL  ORDERS  IN  BANKRUPTCY.  717 

be  filed,  §  2   (1);  As  to  appearances,  §§   18-b,  59-f;  As  to  answer  and  other 

pleas,  §§  18-d,  59;  As  to  notices,  §  58. 
To  the  General  Orders:    VI,  VIII,  IX,  XXIII. 
To  the  Equity  Rules:  IV,  XVI,  and,  as  to  pleadings,  generally. 

ILLUSTRATIVE  CASES. 

In  re  Gasser,  5  Am.  B.  R.  32;   104  Fed.  537. 

In  re  Shaffer,  4  Am.  B.  R.  728;  104  Fed.  982. 

In  re  Herzikopf,  9  Am.  B.  R.  90;  118  Fed.  101. 

In  re  Norton,  17  Am.  B.  R.  504;   148  Fed.  301. 

In  re  Risteen,  10  Am.  B.  R.  494;   122  Fed.  732. 

Rogers  v.  De  Sota,  etc.,  Mining  Co.  (C.  C.  A.),  14  Am.  B.  R.  252;  136  Fed.  407;  69 
C.  C.  A.  251. 

In  re  Blankfein,  3  Am.  B.  R.  165;  97  Fvd.  191. 

L.  Meisel  &  Co.  v.  Nat.  Jewelers'  Board  of  Trade  (N.  Y.  App.  Tr.),  90  Misc. 
(N.  y.)    19. 

V.  Frame  of  Petitions. 

All  petitions  and  the  schedules  filed  therewith  shall  be  printed  or  written 
out  plainly,  Avithout  abbreviation  or  interlineation,  except  where  such  al)brevia- 
tion  and  interlineation  may  be  for  the  purpose  of  reference. 

Cross  references:    To  the  law:    As  to  petitions,  §   18-a-c;   As  to  schedules,  §   7    (8) ; 
As  to  referee's  duty  to  examine  schedules,  etc.,  §  39-a  (2) ;  As  to  referee's  duty 
to  prepare  schedules  in  certain  cases,  §  39-a   (6). 
To  the  General  Orders:    IX,  XI. 
To  the  Equity  Rules:     XVIII  to  XXV. 

ILLUSTRATIVE  CASES. 

Mahoney  v.  Ward,  3  Am.  B.  R.  770i;   lOO  Fed.  278. 
Liesum  v.  Krauss,  35  Misc.   (N.  Y.)    376;  71  N.  Y.  Supp.  1022. 
Sutherland  v.  Lasher,  11  Am.  B.  R.  780;  41  Misc.   (N.  Y.)   249;  aff'd,  87  App.  Div. 
<N.  Y.)  633. 

Haack  v.  Theise,  16  Am.  B.  R.  699;  51  Misc.    (X.  Y.)    3. 

VI.  Petitions  in  Different  Districts. 

In  case  two  or  more  petitions  shall  be  filed  against  the  same  individual  in 
dift'erent  districts,  the  first  hearing  shall  be  had  in  the  district  in  which  the 
debtor  has  his  domicile,  and  the  petition  may  be  amended  by  inserting  an 
allegation  of  an  act  of  bankruptcy  committed  at  an  earlier  date  than  that  first 
alleged,  if  such  earlier  act  is  charged  in  either  of  the  other  petitions ;  and  in 
case  of  two  or  more  petitions  against  the  same  partnership  in  different  courts, 
each  having  Jurisdiction  over  the  case,  the  petition  first  filed  shall  be  first  heard, 
and  may  be  amended  by  the  insertion  of  sn  allegation  of  an  earlier  act  of  bank- 
ruptcy than  that  first  alleged,  if  such  earlier  act  is  charged  in  either  of  the 
other  petitions;  and,  in  either  case,  the  proceedings  upon  the  other  petitions 
may  be  stayed  until  an  adjudication  is  made  upon  the  petition  first  heard ; 
and  the  court  which  makes  the  first  adjudication  of  l^ankruptcy  shall  retain 
jurisdiction  over  all  proceedings  therein  until  the  same  shall  be  closed.  In 
<iase  two  or  more  petitions  shall  be  filed  in  different  districts  by  different 


718  GENERAL  ORDERS  IN  BANKRUPTCY. 

members  of  the  same  partnership  for  an  adjudication  of  the  bankruptcy  of  said 
partnership,  the  court  in  which  the  petition  is  first  filed,  having  jurisdiction, 
shall  take  and  retain  jurisdiction  over  all  proceedings  in  such  bankruptcy 
until  the  same  shall  be  closed ;  and  if  such  petitions  shall  be  filed  in  the  same 
district,  action  shall  be  first  had  upon  the  one  first  filed.  But  the  court  so 
retaining  jurisdiction  shall,  if  satisfied  that  it  is  for  the  greatest  convenience 
of  parties  in  interest  that  another  of  said  courts  should  proceed  with  the  cases, 
order  them  to  be  transferred  to  that  court. 

Cross  references:    To  the  law:    As  to  where  petitions  may  be  filed,  §   1    (2);   As  to 
))artnership  petitions,  §  5;  As  to  transfer  of  cases,  §§  2  (19),  32;  Also  generally 
to  §§  2  (19),  18. 
To  the  General  Orders:    IV,  YU,  VIII. 

ILLUSTRATIVE  CASES. 

In  re  Sears,  Hiimhert  &  Co.,  7  Am.  'B.  R.  279;    112  Fed.  58, 
In  re  Riggs  Restaurant  Co.,  11  Am.  B.  R.  508;   130  Fed.  691. 
In  re  Tybo  Mining  &  Reduction  Co.,  13  Am.  B.  R.  68;   132  Fed.  697. 
Meaning  of  "  individual." 

In  re  United  Button  Co.,  13  Am.  B.  R.  454;  132  Fed.  378. 
Domicile. 

In  re  Isaacson,  20  Am.  B.  R.  430;   161  Fed.  779;  s.  c.  20  Am.  B.  R.  437. 
In  re  Strait,  2  Am.  B.  R.  308. 

In  re  Waxelbaum,  3  Am.  B.  R.  392;   98  Fed.  589. 
In  re  Elmira  Steel  Co.,  5  Am.  B.  R.  484;  109  Fed.  456. 
Bradley  Timber  Co.  v.  White,  10  Am.  B.  R.  329;    121  Fed.  779. 
Gleason  v.  Smith,  Perkins  &  Co.   (C.  C.  A.),  16  Am.  B.  R.  602;   145  Fed.  895;   76 
C.  C.  A.  427. 

Wilder  v.  Watts,  15  Am.  B.  R.  57,  68;  138  Fed.  426. 

In  re  Hamrick,  23  Am.  B.  R.  721;  175  Fed.  279. 

In  re  Sterne  &  Levi,  26  Am.  B.  R.  259;  190  Fed.  70. 

In  re  Vanoscope  Co.    (C.  C.  A.  2nd  Cir.),  36  Am.  B.  R.  778. 

VII.  Priority  of  Petitions. 

Whenever  two  or  more  petitions  shall  be  filed  by  creditors  against  a  common 
debtor,  alleging  separate  acts  of  bankruptcy  committed  by  said  debtor  on 
different  days  within  four  months  prior  to  the  filing  of  said  petitions,  and  the 
debtor  shall  appear  and  show  cause  against  an  adjudication  of  bankruptcy 
against  him  on  the  petitions,  that  petition  shall  be  first  heard  and  tried  which 
alleges  the  commission  of  the  earliest  act  of  bankruptcy ;  and  in  case  the 
several  acts  of  bankruptcy  are  alleged  in  the  different  petitions  to  have  been 
committed  on  the  same  day,  the  court  before  which  the  same  are  pending  may 
order  them  to  be  consolidated,  and  proceed  to  a  hearing  as  upon  one  petition : 
and  if  an  adjudication  of  bankruptcy  be  made  upon  either  petition,  or  for  the 
commission  of  a  single  act  of  bankruptcy,  it  shall  not  be  necessary  to  proceed 
to  a  hearing  upon  the  remaining  petitions,  unless  proceedings  he  taken  by  the 
debtor  for  the  purpose  of  causing  such  adjudication  to  be  annulled  or  vacated. 

Cross  reference:    See  those  to  General  Order  VI,  immediately  ante. 


GENERAL  ORDERS  IN  BANKRUPTCY.         719 

ILLUSTRATIVE  CASES 

In  re  W.  G.  Harris,  19  Am.  B.  R.  204;  155  Fed.  216. 

In  re  Elmira  Steel  Co.,  5  Am.  B.  R.  484;    109  Fed.  456. 

In  re  Xew  Cliattanooga  Hardware  Co.,  27  Am.  B.  R.  77 ;  190  Fed.  241. 

VIII.  Proceeding's  in  Partnership  Cases. 

Any  member  of  a  partnership,  who  refuses  to  join  in  a  petition  to  have  the 
partnership  declared  bankrupt,  shall  be  entitled  to  resist  the  prayer  of  the 
petition  in  the  same  manner  as  if  the  petition  had  been  filed  by  a  creditor  of 
the  partnership,  and  notice  of  the  filing  of  the  petition  shall  be  given  to  him 
in  the  same  manner  as  provided  by  law  and  by  these  rules  in  the  case  of  a 
debtor  petitioned  against;  and  he  shall  have  the  right  to  appear  at  the  time 
fixed  by  the  court  for  the  hearing  of  the  petition,  and  to  make  proof,  if  he  can, 
that  the  partnership  is  not  insolvent  or  has  not  committed  an  act  of  bankruptcy, 
and  to  make  all  defenses  which  any  debtor  proceeded  against  is  entitled  to  take 
by  the  provisions  of  the  act;  and  in  case  an  adjudication  of  bankruptcy  is 
made  upon  the  petition,  such  partner  shall  be  required  to  file  a  schedule  of  his 
debts  and  an  inventory  of  his  property  in  the  same  manner  as  is  required  by 
the  act  in  cases  of  debtors  against  whom  adjudication  of  bankruptcy  shall  be 
made. 

Cross  references:    To  the  law:    §§  5,  18. 
To  the  General  Orders:    VI,  VII. 

ILLUSTRATIVE    CASES. 

In  re  Murray  &  Winters,  3  Am.  B.  R.  90. 

In  re  Russell,  3  Am.  B.  R.  91;  97  Fed.  32. 

In  re  Murray  et  al.,  3  Am.  B.  R.  601 ;  96  Fed.  600. 

In  re  J.  M.  Ceballos  &  Co.,  20  Am.  B.  R.  459;  161  Fed.  445;  s.  c.  20  Am.  B.  R.  467; 
161  Fed.  451. 

In  re  Solomon  &  Carvel,  20  Am.  B.  R.  488;  163  Fed.  140. 

Dickas  v.  Barnes,  15  Am.  B.  R.  566;  140  Fed.  849;  72  C.  C.  A.  261. 

In  re  Freund,  1  Am.  B.  R.  25. 

In  re  Carleton,  8  Am.  B.  R.  270;  115  Fed.  246. 

In  re  Junck  v.  Balthazard,  22  Am.  B.  R.  298;  169  Fed.  481. 

In  re  Forbes,  11  Am.  B.  R.  787;  128  Fed.  137. 

In  re  City  Contracting  &  Building  Co.,  30  Am.  B.  R.  133. 

In  ro  Samuels  &  Lesser  (D.  C.  N.  Y.),  30  Am.  B.  R.  293;  207  Fed.  195;  rev'd,  215 
Fed.  845. 

In  re  J.  &  M.  Schwartz,  30  Am.  B.  R.  344 ;  204  Fed.  326. 

Armstrong  v.  Fisher  (C.  C.  A.  8th  Cir.),  34  Am.  B.  R.  701. 

In  re  Lenoir-Cross  &  Co.,  35  Am.  B.  R.  774. 

In  re  Hansley  &  Adams,  36  Am.  B.  R.  1. 

IX.  Schedule  in  Involuntary  Bankruptcy. 

In  all  cases  of  involuntary  bankruptcy  in  which  the  bankrupt  is  absent  or 
cannot  be  found,  it  shall  he  the  duty  of  the  petitioning  creditor  to  file,  within 
five  days  after  the  date  of  the  adjudication,  a  schedule  giving  the  names  and 
places  of  residence  of  all  the  creditors  of  the  bankrupt,  according  to  the  best 


720  GENERAL  ORDERS  IN  BANKRUPTCY. 

information  of  the  petitioning  creditor.  If  the  debtor  is  found,  and  is  served 
with  notice  to  furnish  a  schedule  of  his  creditors  and  fails  to  do  so,  the  peti- 
tioning creditor  may  apply  for  an  attachment  against  the  debtor,  or  may  him- 
self furnish  such  schedule  as  aforesaid. 

Cross  references:    To  the  law:    As  to  bankrupt's  duty  to  file  schedules,  §  7   (8)  ;  As  to 
referee's,  §  39-a  (6). 
To  the  General  Orders:    V. 

ILLUSTRATIVE  CASE. 
Dismissal  of  petition. 
In  re  Levi  &  Klauber,  15  Am.  B.  E.  294;    142  Fed.  962. 

X.  Indemnity  for  Expenses. 

Before  incurring  any  expense  in  publishing  or  mailing  notices,  or  in  travel- 
ing, or  in  procuring  the  attendance  of  witnesses,  or  in  perpetuating  testimony, 
the  clerk,  marshal  or  referee  may  require,  from  the  bankrupt  or  other  person 
in  whose  behalf  the  duty  is  to  be  performed,  indemnity  for  such  expense. 
Money  advanced  for  this  purpose  by  the  bankrupt  or  other  person,  shall  be 
repaid  him  out  of  the  estate  as  part  of  the  cost  of  administering  the  same. 

Cross  references:    To  the  law:     As  to  publishing  and  mailing  notices,   §  58;   As  to 
examinations   of   the   bankrupt  or   others,    §§    7    (9),   21-a;    As  to   marshal's 
expenses,  §  52;  As  to  clerk's  expenses,  §§  52,  71;  In  general,  §§  62,  64-b  (3). 
To  the  General  Orders:    IX,  XII,  XXII,  XXVI,  XXXV. 

ILLUSTRATIVE  CASES. 

Bankrupt  entitled  to  reimbursement  of  necessary  costs  upon  application  for  dis- 
charge. 

In  re  Hatcher,  16  Am.  B.  R.  722;  145  Fed.  658. 

In  re  Burke,  6  Am.  B.  R.  502. 

In  re  Smith,  5  Am.  B.  R.  559;  108  Fed.  39. 

In  re  Plimpton,  4  Am.  B.  R.  614;  103  Fed.  775. 

In  re  Matthews,  3  Am.  B.  R.  265;  97  Fed.  772. 

In  re  Sanborn,  12  Am.  B.  R.  131;   131  Fed.  397. 

In  re  Elk  Valley  Coal  Mining  Co.,  31  Am.  B.  R.  545;  210  Fed.  386. 

In  re  Loughney,  34  Am.  B.  R.  206;  218  Fed.  980. 

XI.  Amendments. 

The  court  may  allow  amendments  to  the  petition  and  schedules  on  applica- 
tion of  the  petitioner.  Amendments  shall  ])e  printed  or  written,  signed  and 
verified,  like  original  petitions  and  schedules.  If  amendments  are  made  to 
separate  schedules,  the  same  must  be  made  separately,  with  proper  references. 
In  the  application  for  leave  to  amend,  the  petitioner  shaU  state  the  cause  of 
the  error  in  the  paper  originally  filed. 

Cross  references:    To  the  law:     §§  2  (6),  (15) ;  §  39-a  (2). 
To  the  Equity  Rules:     XXVIII. 


GENERAL  ORDERS  IN  BANKRUPTCY.  721 

ILLUSTRATIVE  CASES. 

In  re  Goodman  (Goodman  v.  Curtis)  (C.  C.  A.  5th  Cir.),  23  Am.  B.  R.  504;  174 
Fed.  644;  98  C.  C.  A.  398. 

In  re  Stevenson,  2  Am.  B.  R.  66;  94  Fed.  110. 

Burke  v.  Guarantee  Title  and  Trust  Co.  (C.  C.  A.),  14  Am.  B.  R.  31;  134  Fed.  562; 
67  C.  C.  A.  486. 

In  re  Haff,  13  Am.  B.  R.  362,  366;   136  Fed.  78;  68  C.  C.  A.  646. 

In  re  Portncr,  18  Am.  B.  R.  89;  149  Fed.  799. 

In  re  Bellah,  8  Am.  B.  R.  310;  116  Fed.  49. 

Gleason  v.  Smith,  Perkins  &  Co.,  16  Am.  B.  R.  602;  145  Fed.  895;  76  C.  C.  A.  427. 

In  re  Fisher,  15  Am.  B.  R.  654;  142  Fed.  205. 

In  re  Pure  Milk  Co.  of  Mobile,  18  Am.  B.  R.  735;  154  Fed,  682. 

XII.  Duties  of  Referee. 

1.  The  order  referring  a  case  to  a  referee  shall  name  a  day  upon  which  the 
bankrupt  shall  attend  l)efore  the  referee;  and  from  that  day  the  bankrupt 
shall  be  subject  to  the  orders  of  the  court  in  all  matters  relating  to  his  bank- 
ruptcy, and  may  receive  from  the  referee  a  protection  against  arrest,  to  con- 
tinue until  the  final  adjudication  on  his  application  for  a  discharge,  unless 
suspended  or  vacated  ])y  order  of  the  court.  A  copy  of  the  order  shall  forth- 
with be  sent  by  mail  to  the  referee,  or  be  delivered  to  him  personally  by  the 
clerk  or  other  officer  of  the  court.  And  thereafter  all  the  proceedings,  except 
such  as  are  required  by  the  act  or  by  these  general  orders  to  be  had  before  the 
judge,  shall  be  had  before  the  referee. 

2.  The  time  when  and  the  place  where  the  referees  shall  act  upon  the  matters 
arising  under  the  several  cases  referred  to  them  shall  lie  fixed  by  special  order 
of  the  judge,  or  by  the  referee ;  and  at  such  times  and  places  the  referees  may 
perform  the  duties  which  they  are  empowered  by  the  act  to  perform. 

3.  Applications  for  a  discharge,  or  for  the  approval  of  a  composition,  or  for 
an  injunction  to  stay  proceedings  of  a  court  or  officer  of  the  United  States,  or 
of  a  State,  shall  be  heard  and  decided  by  the  judge.  But  he  may  refer  such  an 
application,  or  any  specified  issue  arising  thereon,  to  the  referee  to  ascertain 
and  report  the  facts. 

Cross  references:  To  the  law:  As  to  general  jurisdiction  and  powers  of  referee, 
§§  38,  39;  As  to  orders  of  reference,  §§  18-f-g,  22;  As  to  time  and  place  when 
duties  of  referee  will  be  performed,  §  55;  As  to  limitations  on  powers  of 
reforee,  §§  12-d,  14-b,  38-a  (4),  39-b;  As  to  allowance  of  claims,  §  57;  As  to 
bankrupt's  subjection  to  orders  of  court,  §  7  (2)  ;  As  to  orders  of  protection, 
§  9-a. 
To  the  General  Orders:    IX,  XI,  XVI,  XXI,  XXII,  XXIII,  XXIV,  XXV,  XXVI, 

XXVII,  XXIX,  XXX,  xxxin,  xxxv. 

ILLUSTRATIVE  CASES. 

In  re  Dresser,  10  Am.  B.  R.  270;  124  Fed.  915. 
In  re  Lewensohn,  3  Am.  B.  R.  594;  99  Fed.  73. 
In  re  McDuff.  4  Am.  B.  R.  110;  101  Fed.  241. 
National  Bank  v.  Katz,  1  Am.  B.  R.  19. 


722  GENERAL  ORDERS  IN  BANKRUPTCY. 

In  re  Huddleston,  1  Am.  B.  R.  572. 

In  re  Florcken,  5  Am.  B.  R.  802;  107  Fed.  241. 

In  re  Scott,  7  Am.  B.  R.  35. 

In  re  Rauchenplat,  9  Am.  B.  R.  763;  1  Porto  Rico  471. 

In  re  Adler  (C.  C.  A.),  16  Am.  B.  R.  414;  144  Fed.  659;  75  C.  C.  A.  461. 

In  re  Knopf,  16  Am.  B.  R.  432;  144  Fed.  245. 

In  re  Berkowitz,  16  Am.  B.  R.  251 ;  143  Fed.  598. 

In  re  Benjamin,  15  Am.  B.  R.  351,  352;  140  Fed.  320. 

In  re  Romine,  14  Am.  B.  R.  785;  138  Fed.  837. 

In  re  Abbey  Press   (C.  C.  A.),  13  Am.  B.  R.  11,  14;   134  Fed.  51;   67  C.  C.  A.  161. 

In  re  Siebert,  13  Am.  B.  R.  348;  133  Fed.  781. 

In  re  Drayton,  13  Am.  B.  R.  602;  135  Fed.  883. 

In  re  Lesser  Bros.,  5  Am.  B.  R.  320;  rev'd,  Metcalf  v.  Barker,  9  Am.  B.  R.  36;  187 
U.  S.  165;  47  L.  Ed.  122. 

In  re  Steuer,  5  Am.  B.  R.  209;  104  Fed.  976. 

In  re  Sonnabend,  18  Am.  B.  R.  117. 

Knapp  and  Spencer  Co.  v.  Drew,  20  Am.  B.  R.  355;   160  Fed.  413;  87  C.  C.  A.  365. 

In  re  Wilcox,  19  Am.  B.  R.  241 ;  156  Fed.  685. 

In  re  Quackenbiish,  4  Am.  B.  R.  274;  102  Fed.  282. 

In  re  Roger  Brown  &  Co.  (C.  C  A.  8th  Cir.)  28  Am.  B.  R.  336;  196  Fed.  758; 
IIG  C.  C.  A.  386. 

International  Harvester  Co.  v.  Carlson  (C.  C.  A.  8th  Cir.).  33  Am.  B.  R.  178;  217 
Fed.  736;  133  C.  C.  A.  430. 

In  re  Amer,  35  Am.  B.  R.  627. 

In  re  Tracy,  24  Am.  B.  R.  539;  179  Fed.  366;  102  C.  C.  A.  644. 

In  re  Monsarrat  (Xo.  1)  (D.  C.  Haw.),  25  Am.  B.  R.  815. 

In  re  Daugherty  (D.  C.  Ky.),  26  Am.  B.  R.  550;  189  Fed.  239. 

XIII.  Appointment  and  Removal  of  Trustee. 

The  appointment  of  a  trustee  Ijy  the  creditors  shall  be  sul)ject  to  be  approved 
or  disapproved  by  the  referee  or  by  the  judge ;  and  he  shall  be  removal)le  by 
the  judge  only. 

Cross  references:     To  the  law:     As  to  appointment  of  trustees,  §§  2  (17),  44,  45,  56; 
As  to  removal  of  trustees,  §  46. 
To  the  General  Orders:     XIV,  XV,  XVI,  XVII,  XXV. 

ILLUSTRATIVE  CASES. 

In  re  Kenney  &  Co.,  14  Am.  B.  R.  611;   136  Fed.  451. 
In  re  Hare,  9  Am.  B.  R.  520;  119  Fed.  246. 
In  re  Hanson.  19  Am.  B.  R.  235;   156  Fed.  417. 
In  re   Kastlack,  10  Am.  B.  R.  529;   145  Fed.  68. 
Falter  v.  Reinhard.  4  Am.  B.  R.  782;  104  Fed.  292. 

In  re  Henschcl,  6  Am.  B.  R.  25;  s.  c.  in  higher  courts,  6  Am.  B.  R.  305;   109  Fed. 
861;  7  Am.  B.  R.  662;  113  Fed.  443;  51  C.  C.  A.  277. 
In  re  Machin,  11  Am.  B.  R.  449;  128  Fed.  316. 
In  re  \'an  De  Mark,  23  Am.  B.  R.  760;  175  Fed.  287. 
In  re  Cooper,  14  Am.  B.  R.  320;  135  Fed.  196. 

In  re  Blue  Ridge  Packing  Co.,   11   Am.   B.  R.  36;    125  Fed.  619. 
In  re  Cordon  Supply  and  Mfg.  Co.,  12  Am.  B.  R.  94;  129  Fed.  622. 
In  re  Sitting  (D.  C.  N.  Y.).  25  Am.  B.  R.  682;   182  Fed.  917. 
In  re  Kreuger,  27  .\m.  B.  R.  440:   196  Fed.  705. 
In  re  Clay   (C.  C.  A.  1st  Cir.),  27  Am.  B.  R.  715;   192  Fed.  830;   113  C.  C.  A.  154. 


GENERAL  ORDERS  IN  BANKRUPTCY.         723 


XIV.  No  Oflficial  or  General  Trustee. 

No  official  trustee  shall  be  appointed  by  the  court,  nor  any  general  trustee 
to  act  in  classes  of  cases. 

XV.  Trustee  not  Appointed  in  Certain  Cases. 

If  the  schedule  of  a  voluntary  bankrupt  discloses  no  assets  and  if  no  creditor 
appears  at  the  first  meeting,  the  court  may,  by  order  setting  out  the  facts,  direct 
that  no  trustee  be  appointed ;  l)ut  at  any  time  thereafter  a  trustee  may  be 
appointed,  if  the  court  shall  deem  it  desirable.  If  no  trustee  is  appointed  as 
aforesaid,  the  court  may  order  that  no  meeting  of  the  creditors  other  than  the 
first  meeting  shall  be  called. 

Cross  references:    To  the  law:    §§  2  (17),  44,  45,  56.    See,  also,  §§  6  and  47-a  (11),  and 
road  S  2   (11). 
To  the  General  Orders :     XIII,  XFV. 

ILLUSTRATIVE  CASES. 

In  re  Soper,  1  Am.  B.  R.  193. 

In  re  Rung  Bros.,  2  Am.  B.  R.  620. 

Clark  V.  Pidcoek  (C.  C.  A.  3d  Cir.).  12  Am.  B.  R.  309;  129  Fed.  745;  64  C.  C.  A.  273. 

Smalley  v.  Laugenour,  13  Am.  B.  R.  692;  196  U.  S.  93;  49  L.  Ed.  400. 

XVI.  Notice  to  Trustee  of  His  Appointment. 

It  shall  1)6  the  duty  of  the  referee,  immediately  upon  the  appointment  and 
approval  of  the  trustee,  to  notify  him  in  person  or  by  mail  of  his  appointment ; 
and  the  notice  shall  require  the  trustee  forthwith  to  notify  the  referee  of  his 
acceptance  or  rejection  of  the  trust,  and  shall  contain  a  statement  of  the  penal 
sum  of  the  trustee's  bond. 

Cross  references:    To  the  law:    §§  44,  50-a,  j,  k. 
To  the  General  Orders:     XIII. 

XVII,  Duties  of  Trustee. 

The  trustee  shall,  immediately  upon  entering  upon  his  duties,  prepare  a  com- 
plete inventory  of  all  the  property  of  the  bankrupt  that  comes  into  his  posses- 
sion. The  trustee  shall  make  report  to  the  court,  within  twenty  days  after 
receiving  the  notice  of  his  appointment,  of  the  articles  set  off  to  the  bankrupt 
by  him,  according  to  the  provisions  of  the  forty-seventh  section  of  the  act, 
with  the  estimated  value  of  each  article,  and  any  creditor  may  take  excep- 
tions to  the  determination  of  the  trustee  within  twenty  days  after  the  filing 
of  the  report.  The  referee  may  require  the  exceptions  to  be  argued  before  him, 
and  shall  certify  them  to  the  court  for  final  determination  at  the  request  of 
either  party.  In  case  the  trustee  shall  neglect  to  file  any  report  or  statement 
which  it  is  made  his  duty  to  file  or  make  by  the  act,  or  by  any  general  order 


724  GENERAL  ORDERS  IN  BANKRUPTCY. 

in  bankruptcy,  within  five  days  after  tlie  same  shall  be  due,  it  shall  be  the  duty 
of  the  referee  to  make  an  order  requiring  the  trustee  to  show  cause  before  the 
judge,  at  a  time  specified  in  the  order,  why  he  should  not  be  removed  from 
office.  The  referee  shall  cause  a  copy  of  the  order  to  be  served  upon  the 
trustee  at  least  seven  days  before  the  time  fixed  for  the  hearing,  and  proof  of 
the  service  thereof  to  be  delivered  to  the  clerk.  All  accounts  of  trustees  shall 
be  referred  as  of  course  to  the  referee  for  audit,  unless  otherwise  specially 
ordered  by  the  court. 

Cross  references:     To  the  law:     Duties  of  trustees,  in  general,  §§  47,  49;  As  to  filing 
bonds,  S  50;  As  to  exemptions,  §§  6,  7   (8),  47 -a   (11),  as  perliaps  limited  by 
§  2  (11)  ;  as  to  appraisals  and  sales,  §  70-b. 
To  the  General  Orders:    X\^II,  XXI  (6),  XXV,  XXVIII,  XXIX,  XXXIII,  XXXV. 

ILLUSTRATIVE  CASES. 

In  re  Manning,  7  Am.  B.  R.  571;  112  Fed.  94S. 

In  re  White,  4  Am.  B.  R.  613;    103  Fed.  774. 

The  bankrupt  as  well  as  creditor  may  except  to  trustee's  report  on  exempt  property. 

In  re  Camp,  1  Am.  B.  R.  105;   91  Fed.  745. 

In  re  Rung  Bros.,  2  Am.  B.  R.  620. 

In  re  Smith,  2  Am.  B.  R.  190;  93  Fed.  791. 

In  re  Campbell,  10  Am.  B.  R.  723;  124  Fed.  417. 

In  re  Ellis,  10  Am.  B.  R.  754. 

In  re  Ingalls  Bros.,  13  Am.  B.  R.  512,  515;  137  Fed.  517. 

As  to  setting  off  exemptions,  see.  In  re  McClintock,  13  Am.  B.  R.  606. 

In  re  Allen,  13  Am.  B.  R.  518,  521;  134  Fed.  620. 

In  re  Wunder,  13  Am.  B.  R.  701;   133  Fed.  821. 

Trustee  a  creditor  within  meaning  of  this  order. 

In  re  Rice,  21  Am.  B.  R.  202;   164  Fed.  589. 

\Mien  bankrupt  may  be  denied  the  right  of  exemption. 

In  re  Rice  (supra). 

In  re  Leverton,  19  Am.  B.  R.  426;   155  Fed.  925. 

In  re  Amos,  19  Am.  B.  R.  804. 

In  re  White  (D.  C.  Mo.),  6  Am.  B.  R.  451;  109  Fed.  635. 

In  re  Xunemaker,  30  Am.  B.  R.  697;  208  Fed.  491. 

In  re  Gerber  (C.  C.  A.  9th  Cir.),  26  Am.  B.  R.  608;  186  Fed.  693;  ID'S  C.  C.  A.  511. 

In  re  Krecun  (C.  C.  A.  7th  Cir.),  36  Am.  B.  R.  172. 

XVIII.  Sale  of  Property. 

1.  All  sales  shall  be  by  public  auction  unless  otherwise  ordered  l\y  the  court. 

2.  Upon  application  to  the  court,  and  for  good  cause  shown,  the  trustee  may 
be  authorized  to  sell  any  specified  portion  of  the  bankrupt's  estate  at  private 
sale;  in  which  case  he  shall  keep  an  accurate  account  of  each  article  sold,  and 
the  price  received  therefor,  and  to  whom  sold ;  which  account  he  shall  file  at 
once  with  the  referee. 

3.  Upon  petition  by  a  bankrupt,  creditor,  receiver,  or  trustee,  setting  forth 
that  a  part  or  the  whole  of  the  bankrupt's  estate  is  perishable,  the  nature  and 
location  of  such  perishable  estate,  and  that  there  will  be  loss  if  the  same  is  not 
sold  immediately,  the  court,  if  satisfied  of  the  facts  stated  and  that  the  sale  is 


GENERAL  ORDERS  IN  BANKRUPTCY.         725 

required  in  the  interest  of  the  estate,  may  order  the  same  to  be  sold,  with  or 
without  notice  to  the  creditors,  and  the  proceeds  to  be  deposited  in  court. 

Cross  references:    To  the  law:    §  70-b,  and  as  to  notices,  §  58-a  (4)., 
To  the  General  Orders:     None. 

ILLUSTRATIVE  CASES. 

In  re  Carleton,  8  Am.  B.  R.  270;  115  Fed.  246. 

In  re  Styer,  3  Am.  B.  R.  424;  98  Fed.  290. 

In  re  Hawkins,  11  Am.  B.  R.  49;   125  Fed.  633. 

In  re  Edes,  14  Am.  B.  R.  382;  135  Fed.  595. 

In  re  Abbey  Press  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  11;  134  Fed.  51;  67  C.  C.  A. 
161. 

In  re  Milne  Mfg.  Co.,  21  Am.  B.  R.  468. 

In  re  C.  F.  Beutel's  Sons,  7  Am.  B.  R.  768. 

In  re  Harris,  1!>  Am.  B.  R.  635:    156  Fed.  875. 

In  re  Carothers  &  Co.,  27  Am.  B.  R.  921;  193  Fed.  687. 

In  re  Knox  Automobile  Co.,  210  Fed.  569;  32  Am.  B.  R.  67. 

In  re  Pedlow  (C.  C.  A.  2d  Cir.),  31  Am.  B.  R.  761;  209  Fed.  841;  126  C.  C.  A.  565. 

In  re  Nevada-Utah  Mines  and  Smelters  Corporation  (C.  C.  A.  2d  Cir.),  29  Am.  B. 
R.  754;  202  Fed.  126;  120  C.  C.  A.  440. 

XIX.  Accounts  of  Marshal. 

The  marshal  shall  make  return,  under  oath,  of  his  actual  and  necessary 
expenses  in  the  service  of  every  warrant  addressed  to  him,  and  for  custody 
of  property,  and  other  services,  and  other  actual  and  necessary  expenses  paid 
by  him,  with  vouchers  therefor  whenever  practicable,  and  also  with  a  statement 
that  the  amounts  charged  by  him  are  just  and  reasonable. 

Cross  references:    To  the  law:    §§  2  (3)    (5),  3-e,  52,  69. 
To  the  General  Orders:     X. 

XX.  Papers  Filed  After  Reference. 

Proofs  of  claims  and  other  papers  filed  subsequently  to  the  reference,  except 
such  as  call  for  action  by  the  judge,  may  be  filed  either  with  the  referee  or 
with  the  clerk. 

Cross  references:     To  the  law:      As  to  the  duty  of  referees  concerning  papers  filed  with 
them,  §  39-a ;  As  to  clerk's  duties  concerning  same,  §  51  (3).     See,  also,  §  42-b. 
To  the  General  Orders:     XXIV. 

XXI.  Proof  of  Debts. 

1.  Depositions  to  prove  claims  against  a  bankrupt's  estate  shall  be  correctly 
entitled  in  the  court  and  in  the  cause.  AYhen  made  to  prove  a  debt  due  to  a 
partnership,  it  must  appear  on  oath  that  the  deponent  is  a  member  of  the  part- 
nership ;  when  made  by  an  agent,  the  reason  the  deposition  is  not  made  by  the 
claimant  in  person  must  be  stated ;  and  when  made  to  prove  a  debt  due  to  a 
corporation,  the  deposition  shall  be  made  by  the  treasurer,  or,  if  the  corpora- 
tion has  no  treasurer,  by  the  officer  whose  duties  most  nearly  correspond  to 


,.  v,i  ••  trt>rtsurer '■  the  following  clause: 

Page  72.1.  line  1.  insert  after  .oul     ^^^^^^.^v  is  not  within  the  district  wherein  the 
If  the  treasurer  or  '^^^^^i;; "^ ^\^  f^  may  be  made  by  some  othcer 

T^:^  r^'-Sio-nSive^nLledg^  of  the  facts. 

_  .^. ...,^^.-a  ^Kj  pio\e  aeois  existing  in  open  accotint  shall 
state  when  the  debt  became  or  will  become  due;. and  if  it  consists  of  items 
maturing  at  different  dates  the  average  due  date  shall  be  stated,  in  default  of 
which  it  shall  not  l)e  necessary  to  compute  interest  upon  it.  All  such  deposi- 
tions shall  contain  an  averment  that  no  note  has  been  received  for  such  account, 
nor  any  judgment  rendered  thereon.  Proofs  of  debt  received  by  any  trustee 
shall  Ije  delivered  to  the  referee  to  whom  the  cause  is  referred. 

2.  Any  creditor  may  file  with  the  referee  a  request  that  all  notices  to  which 
he  may  be  entitled  shall  be  addressed  to  him  at  any  place,  to  be  designated  by 
the  post-office  box  or  street  number,  as  he  may  appoint ;  and  thereafter,  and 
until  some  other  designation  shall  be  made  by  such  creditor,  all  notices  shall 
be  so  addressed  :  and  in  other  cases  notices  shall  be  addressed  as  specified  in  the 
proof  of  debt. 

3.  Claims  which  have  been  assigned  before  proof  shall  be  supported  by  a 
deposition  of  the  owner  at  the  time  of  the  commencement  of  proceedings, 
setting  forth  the  true  consideration  of  the  debt,  and  that  it  is  entirely 
unsecured,  or  if  secured,  the  security,  as  is  required  in  proving  secured  claims. 
Upon  the  filing  of  satisfactory  proof  of  the  assignment  of  a  claim  proved  and 
entered  on  the  referee's  docket,  the  referee  shall  immediately  give  notice  by 
mail  to  the  original  claimant  of  the  filing  of  such  proof  of  assignment;  and, 
if  no  objection  be  entered  within  ten  days,  or  within  further  time  allowed  by 
the  referee,  he  shall  make  an  order  subrogating  the  assignee  to  the  original 
claimant.  If  objection  be  made,  he  shall  proceed  to  hear  and  determine  the 
matter. 

4.  The  claims  of  persons  contingently  liable  for  the  bankrupt  may  be  proved 
in  the  name  of  the  creditor  when  known  by  the  party  contingently  liable. 
When  the  name  of  the  creditor  is  unknown,  such  claim  may  l)e  proved  in  the 
name  of  the  party  contingently  liable ;  but  no  dividend  shall  l)e  paid  upon  such 
claim,  except  upon  satisfactory  proof  that  it  will  diminish  pro  tanto  the 
original  debt. 

5.  The  execution  of  any  letter  of  attorney  to  represent  a  creditor,  or  of  an 
assignment  of  claim  after  proof,  may  be  proved  or  acknowledged  before  a 
referee,  or  a  United  States  commissioner,  or  a  notary  public.  "^Tien  executed 
on  behalf  of  a  partnership  or  of  a  corporation,  the  person  executing  the  instru- 
ment shall  make  oath  that  he  is  a  member  of  the  partnership,  or  a  duly 
authorized  officer  of  the  corporation  on  whose  behalf  he  acts.  Wlien  the  person 
executing  is  not  personally  known  to  the  officer  taking  the  proof  or  acknowl- 
edgment, his  identity  shall  be  established  by  satisfactory  proof. 

n.  When  the  trustee  or  any  creditor  shall  desire  the  re-examination  of  any 
claim,  filed  against  the  bankrupt's  estate,  he  may  apply  by  petition  to  the 
referee  to  whom  the  case  is  referred  for  an  order  for  such  re-examination,  and 
thereupon  the  referee  shall  make  an  order  fixing  a  time  for  hearing  the  peti- 
tion, of  which  due  notice  shall  be  given  by  mail  addressed  to  the  creditor.  At 
the  time  appointed  the  referee  shall  take  the  examination  of  the  creditor,  and 
of  any  witnesses  that  may  be  called  by  either  party,  and  if  it  shall  appear  from 


GENERAL  ORDERS  IN  BANKRUPTCY.  727 

snch  examination  that  tlie  claim  ouglit  to  be  expunged  or  diminished,  the 
referee  may  order  accordingly. 

Cross  references:     To  the  law:     As  to  proof  of  debts  generally,  §§  2  (2),  57;  As  to 
provable  debts,  S  63;  As  to  set-off  of  debts,  §S  GO-c,  68. 
To  the  General  Orders:     XXIV,  XXVIII,  XXXIII. 

ILLUSTRATIVE  CASES. 

In  re  Sugenheimer.  1  Am.  B.  R.  425;  91  Fed.  744. 
In  re  Scott.  1  Am.  B.  R.  553;  93  Fed.  418. 
In  re  Blankfein.  3  Am.  B.  R.  165;  97  Fed.  191. 
In  re  Rider.  3  Am.  B.  R.  192;  96  Fed.  811. 
In  re  Finlay,  3  Am.  B.  R.  738;  104  Fed.  675. 
In  re  Reliance  Storage,  etc.,  Co.,  4  Am.  B.  R.  49;  100  Fed.  619. 
In  re  Doty,  5  Am.  B.  R.  58. 

In  re  Chambers,  etc.,  Co.,  6  Am.  B.  R.  709;  98  Fed.  865. 
In  re  Levy,  7  Am.  B.  R.  56. 
In  re  Lyon,  7  Am.  B.  R.  61. 

In  re  Blue  Ridge  Packing  Co.,  11  Am.  B.  R.  36;  125  Fed.  619. 
In  re  Lewensohn,  9  Am.  B.  R.  368:    121  Fed.  538. 

Fitch  V.  Richardson  (C.  C.  A.),  16  Am.  B.  R.  835;  147  Fed.  196;  77  C.  C.  A.  422. 
In  re  Columbia  Iron  Works,  14  Am.  B.  R.  526,  535;  142  Fed.  234. 
In  re  Pettingill  &  Co.,  14  Am.  B.  R.  763. 
Filing  claim  in  hands  of  trustee. 
In  re  Ingalls  Bros.,  13  Am.  B.  R.  512;  137  Fed.  517. 
In  re  E.  Reboulin  Fils  &  Co.,  19  Am.  B.  R.  215;  165  Fed.  245. 
J.   B.  Orcutt   Co.  et  al.  v.  Green   (U.  S.  Sup.),  17  Am.  B.  R.   72;   204  U.  S.  96; 
51  L.  Ed.  390;  rev'g  13  Am.  B.  R.  512. 

In  re  Stoever,  5  Am.  B.  R.  250;  105  Fed.  355. 

In  re  John  Osborne's  Sons  &  Co.,  Inc.,  24  Am.  B.  R.  65;  177  Fed.  184. 

In  re  Arti-Stain  Co.,  32  Am.  B.  R.  640;   216  Fed.  942;   aff'd,  32  Am.  B.  R.  643. 

In  re  Baker  and  Edwards,  35  Am.  B.  R.  469. 

In  re  Medina  Quarry  Co.,  24  Am.  B.  R.  769;  179  Fed.  929. 

In  re  Roy  (D.  C.  N.  Y.),  26  Am.  B.  R.  4;  185  Fed.  551. 

In  re  Taylor,  26  Am.  B.  R.  143;  188  Fed.  479. 

In  re  Goble  Boat  Co.  (D.  C.  N.  Y.),  27  Am.  B.  R.  48;  190  Fed.  92. 

In  re  Mexico  Hardware  Co.,  28  Am.  B.  R.  736;  197  Fed.  650. 

In  re  Breakwater  Co.,  36  Am.  B.  R.  752. 

XXII.  Taking  of  Testimony. 

The  examination  of  witnesses  before  the  referee  may  be  conducted  by  the 
party  in  person  or  by  his  counsel  or  attorney,  and  the  witnesses  shall  be  sub- 
ject to  examination  and  cross-examination,  which  shall  be  had  in  conformity 
with  the  mode  now  adopted  in  courts  of  law,  A  deposition  taken  upon  an 
examination  before  a  referee  shall  be  taken  down  in  writing  by  him,  or  under 
his  direction,  in  the  form  of  narrative,  unless  he  determines  that  the  examina- 
tion shall  be  by  question  and  answer.  TMien  completed  it  shall  be  read  over  to 
the  witness  and  signed  by  him  in  the  ])resence  of  the  referee.  The  referee 
shall  note  upon  the  deposition  any  question  objected  to,  with  his  decision 


728  GENERAL  ORDERS  IN  BANKRUPTCY. 

thereon ;  and  the  court  shall  have  power  to  deal  with  the  costs  of  incompetent, 
immaterial,  or  irrelevant  depositions,  or  parts  of  them,  as  may  be  just. 

Cross  references:     To  the  law:     As  to  examinations,  §§   7    (9),  21,  38-a   (2);   As  to 
costs,    §    2    (18). 
To  the  General  Orders:     XXII. 
To  the  Equity  Rules:    XLVI  to  LVl. 

ILLUSTRATIVE  CASES. 

In  re  Hoyt   and  Mitchell,  11  Am.  B.  R.  784;  127  Fed.  968. 

Referee  must  receive  all  the  evidence  noting  objections  and  may  refuse  to  stop 
proceedings  and  certify  questions. 

Bank  of  Ravenswood  v.  Johnson,  16  Am.  B.  R.  206;  143  Fed.  463;  74  C.  C.  A.  597. 

In  re  Sturgeon  (C.  C.  A.  2d  Cir.),  14  Am.  B.  R.  681;  139  Fed.  608;  71  C.  C.  A.  592. 

In  re  Romine,  14  Am.  B.  R.  785,  788;   138  Fed.  837. 

See,  Dowagiac  Mfg.  Co.  v.  Lochren,  143  Fed.  211;  74  C.  C.  A.  341. 

iSee,  contra  In  re  iSamuel  Wildes'  iSons,  11  Am.  B.  R.  714. 

In  re  Lipset  Co.,  9  Am.  B.  R.  32;  119  Fed.  379. 

Dressel  v.  North  State  Lumber  Co.,  9  Am.  B.  R.  541;  119  Fed.  531. 

In  re  Isaacson,  23  Am.  B.  R.  665;  175  Fed.  292. 

United  States  v.  Liberman,  23  Am.  B.  R.  734;   176  Fed.  161. 

In  re  Williams  (D.  C.  Tenn.),  10  Am.  B.  R.  538;  123  Fed.  321. 

In  re  Harrison  Bros.,  28  Am.  B.  R.  293;   197  Fed.  320. 

In  re  Waters-Colver  Co,  32  Am.  B.  R.  379;  212  Fed.  761. 

In  re  Kaplan  Bros.  (C.  C.  A.  3d  Cir.),  32  Am.  B.  R.  305;  213  Fed.  753;  130  C. 
C. A.  267. 

XXIII.  Orders  of  Referee. 

In  all  orders  made  by  a  referee,  it  shall  be  recited,  according  as  the  fact  may 
be,  that  notice  was  given  and  the  manner  thereof ;  or  that  the  order  was  made 
by  consent;  or  that  no  adverse  interest  was  represented  at  the  hearing;  or 
that  the  order  was  made  after  hearing  adverse  interests. 

Cross  references:     To  the  law:     Generally. 
To  the  General  Orders:     IV,  XII. 
To  the  Equity  Rules:     LXXI,  LXXII. 

ILLUSTRATIVE  CASES. 

T.  S.  Faulk  &  Co.  v.  Steiner  et  al.,  21  Am.  B.  R.  623;  165  Fed.  861 ;  91  C.  C.  A.  547. 
In  re  Abbey  Press  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  11;  134  Fed.  51;  67  C.  C.  A.  161. 
Armstrong  v.  Fisher  (C.  C.  A.  8th  Cir.),  34  Am.  B.  R.  701. 
McCullock  v.  Davenport  Savings  Bank,  35  Am.  B.  R.  765. 

XXIV.  Transmission  of  Proved  Claims  to  Clerk. 

The  referee  shall  forthwith  transmit  to  the  clerk  a  list  of  the  claims  proved 
against  an  estate,  with  the  names  and  addresses  of  the  proving  creditors. 

Cross  references:     To  the  law:     §§  39-a,  57. 
To  the  General  Orders:     XII,  XX. 


GENERAL  ORDERS  IN  BANKRUPTCY.        729 


XXV.  Special  Meeting  of  Creditors. 

Whenever,  by  reason  of  a  vacancy  in  the  office  of  trustee,  or  for  any  other 
cause,  it  becomes  necessary  to  call  a  special  meeting  of  the  creditors  in  order 
^o  carry  out  the  purposes  of  the  act,  the  court  may  call  such  a  meeting, 
specifying  in  the  notice  the  purpose  for  which  it  is  called. 

Cross  references:    To  the  law:    As  to  meetings  of  creditors,  §  55;  As  to  meetings  for 
choice  of  new  trustee,  §  44;  As  to  notices  of  meetings,  §  58. 
To  the  General  Orders:     XIII. 

ILLUSTEATIVE    CASE. 
In  re  Lewensohn,  3  Am.  B.  R.  299;  98  Fed.  576. 

XXVI.  Accounts  of  Referee. 

Every  referee  shall  keep  an  accurate  account  of  his  traveling  and  incidental 
expenses,  and  of  those  of  any  clerk  or  any  officer  attending  him  in  the  perform- 
ance of  his  duties  in  any  case  which  may  be  referred  to  him ;  and  shall  make 
return  of  the  same  under  oath  to  the  judge,  with  proper  vouchers  when 
vouchers  can  be  procured,  on  the  first  Tuesday  in  each  month. 

Cross  references:     To  the  law:       §  42. 

To  the  General  Orders:     X,  XXXV  (2),  and,  by  analogy,  XIX. 

ILLUSTRATIVE  CASES. 

In  re  Todd,  6  Am.  B.  R.  88;   109  Fed.  265. 

In  re  Jlammoth  Pine  Lumber  Co.,  8  Am.  B.  lR.  651;    116  Fed.  731. 

In  re  Daniels,  12  Am.  B.  R.  446;  130  Fed.  597. 

In  re  C.  J.  McCubbin  Co.,  33  Am.  B.  R.  277;  42  Wash.  Law.  Rep.  744. 

XXVII.  Review  by  Judge. 

When  a  bankrupt,  creditor,  trustee,  or  other  person  shall  desire  a  review  by 
the  judge  of  any  order  made  by  the  referee  he  shall  file  with  the  referee,  his 
petition  therefor,  setting  out  the  error  complained  of;  and  the  referee  shall 
forthwith  certify  to  the  judge  the  question  presented,  a  summary  of  the 
evidence  relating  thereto,  and  the  finding  and  order  of  the  referee  thereon. 

Cross  references:     To  the  law:     §§  2  (10),  38-a,  39-a  (5). 
To  the  General  Orders:     By  analogy,  XXXVI. 

ILLUSTRATIVE  CASES. 

In  re  Schiller,  2  Am.  B.  R.  704;  96  Fed.  400. 

In  re  Scott,  3  Am.  B.  R.  625 ;  99  Fed.  404. 

Cunningham  v.  German  Ins.  Bank,  4  Am.  B.  R.  192;  103  Fed.  932;  43  C.  C.  A.  377. 

In  re  Chambers,  6  Am.  B.  R.  709. 

In  re  De  Gottardi,  7  Am.  B.  R.  723;   114  Fed.  328. 

In  re  Koenig,  11  Am.  B.  R.  617;  127  Fed.  891;  aff'd,  133  Fed.  1019;  66  C.  C.  A.  125. 


730  GENERAL  ORDERS  IN  BANKRUPTCY. 

Allgair  v.  Fisher  &  Co.,  16  Am.  B.  R.  278;  143  Fed.  962;  75  C.  C.  A.  148. 
Bank  of  Ravenswood  v.  Johnson,  16  Am.  B.  R.  206;  143  Fed.  463;  74  C.  C.  A.  597. 
In  re  Pettingill,  15  Am.  B.  R.  757,  761;  135  Fed.  218. 
In- re  Foss,  17  Am.  B.  R.  439;  147  Fed.  790. 
In  re  Henschel,  12  Am.  B.  R.  31. 
In  re  Kurtz,  11  Am.  B.  R.  129;  125  Fed.  992. 
In  re  Russell,  5  Am.  B.  R.  566. 

In  re  Iloyt  and  Mitchell,  11  Am.  B.  R.  784;  127  Fed.  968. 
In  re  Home  Discount  Co.,  17  Am.  B.  R.  168;  147  Fed.  538. 
In  re  Grant,  16  Am.  B.  R.  256;  143  Fed.  661, 
In  re  Romine,  14  Am.  B.  R.  785,  789;   138  Fed.  837. 

In  re  Abbey  Press  (C.  C.  A.  2d  Cir.),  13  Am.  B.  R.  11;  134  Fed.  51;  67  C.  C.  A.  161. 
A  referee  may  not  review  his  own  order  upon  exceptions  thereto. 
In  re  Greek  Mfg.  Co.  (D.  C.  Pa.),  21  Am.  B.  R.  Ill;  164  Fed.  211. 
Referee  must  summarize  the  evidence. 

Crim  V.  Woodford  (C.  C.  A.  4th  Cir.),  14  Am.  B.  R.  302,  304;   136  Fed.  34;  68  C. 
C.  A.  584. 

In  re  Fisher,  14  Am.  B.  R.  366;  135  Fed.  223. 

In  re  ReukaufI  Sons  &  Co.   (Inc.),  14  Am.  B.  R.  344;   135  Fed.  251. 

In  re  Clark  Coal  and  Coke  Co.,  23  Am.  B.  R.  273;  173  Fed.  658. 

Knapp  and  Spencer  Co.  v.  Drew,  20  Am.  B.  R.  355;  160  Fed.  413;  87  C.  C.  A.  365. 

First  Nat.  Bank  v.  Pearcy,  133  Fed.  1019;  66  C.  C.  A.  125. 

In  re  Marks  (D.  C.  Pa.),  22  Am.  B.  R.  568;  171  Fed.  281. 

Craddock- Terry  Co.  v.  Kaufman,  23  Am.  B.  R.  724;  175  Fed.  303. 

In  re  Kelly  Dry  Goods  Co.,  4  Am.  B.  R.  528;  102  Fed.  747. 

West  V.  W.  A.  McLaughlin  &  Co.,  20  Am.  B.  R.  654;  162  Fed.  124;  89  C.  C.  A.  124. 

In  re  T.  M.  Lesher  &  Son,  25  Am.  B.  R.  218;  176  Fed.  650. 

In  re  Octave  Mining  Co.,  32  Am.  B.  R.  474;  212  Fed.  457. 

In  re  Arti-Stain  Co.,  32  Am.  B.  R.  640;  216  Fed.  942;  aff'd,  32  Am.  B.  R.  643. 

In  re  Nippon  Trading  Co.,  25  Am.  B.  R.  695;  182  Fed.  959. 

In  re  Verdon  Cigar  Co.,  27  Am.  B.  R.  56;   193  Fed.  813. 

In  re  Carlile,  29  Am.  B.  R.  373;  199  Fed.  612. 

XXVIII.  Redemption  of  Property  and  Compounding-  of  Claims. 

Whenever  it  may  be  deemed  for  the  benefit  of  tlie  estate  of  a  bankrupt  to 
redeem  and  discharge  any  mortgage  or  other  pledge,  or  deposit  or  lien,  upon 
any  property,  real  or  personal,  or  to  relieve  said  property  from  any  conditional 
contract,  and  to  tender  performance  of  the  conditions  thereof,  or  to  compound 
and  settle  any  debts  or  other  claims  due  or  belonging  to  the  estate  of  the  bank- 
rupt, the  trustee,  or  the  bankrupt,  or  any  creditor  who  has  proved  his  debt, 
may  file  his  petition  therefor ;  and  thereupon  the  court  shall  appoint  a  suitable 
time  and  place  for  the  hearing  thereof,  notice  of  which  shall  be  given  as  the 
court  shall  direct,  so  that  all  creditors  and  other  persons  interested  may  appear 
and  show  cause,  if  any  they  have,  why  an  order  should  not  he  passed  by  the 
court  upon  the  petition  authorizing  such  act  on  the  part  of  the  trustee. 

Cross  references:     To  the  law:     As  to  redemption  of  property  from  liens,  none,  save 
by  analogy,  §S  2  (7),  67;  As  to  compounding  of  claims,  §§  27,  58-a  (7),  and, 
by  analogy,  §  26. 
To  the  General  Orders:     XXXIII. 


GENERAL  ORDERS  IN  BANKRUPTCY.  731 

ILLUSTRATIVE  CASES. 

In  re  Mammoth  Pine  Lumber  Co.,  8  Am.  B.  IR.  651;   116  Fed.  731. 
In  re  Wolf  &  Levy,  10  Am.  B.  R.  153;  122  Fed.  127. 
In  re  Grainger,  20  Am.  B.  R.  166;  160  Fed.  69. 

XXIX.  Payment  of  Moneys  Deposited. 

No  moneys  deposited  as  required  by  the  act  shall  be  drawn  from  the  deposi- 
tory unless  by  check  or  warrant,  signed  by  the  clerk  of  the  court,  or  by  a 
trustee,  and  countersigned  by  the  judge  of  the  court,  or  by  a  referee  designated 
for  that  purpose,  or  by  the  clerk  or  his  assistant  under  an  order  made  l)y  the 
judge,  stating  the  date,  the  sum,  and  the  account  for  which  it  is  drawn ;  and 
an  entry  of  the  substance  of  such  check  or  warrant,  with  the  date  thereof,  the 
sum  drawn  for,  and  the  account  for  which  it  is  drawn,  shall  be  forthwith  made 
in  a  book. kept  for  that  purpose  by  the  trustee  or  his  clerk;  and  all  checks  and 
drafts  shall  be  entered  in  the  order  of  time  in  which  they  are  drawn,  and  shall 
be  numbered  in  the  case  of  each  estate.  A  copy  of  this  general  order  shall 
be  furnished  to  the  depository,  and  also  the  name  of  any  referee  or  clerk 
authorized  to  countersign  said  checks. 

Cross  references :     To  the  law:     §§  47-a,  61. 

ILLUSTRATIVE  CASES. 

In  re  Cobb,  7  Am.  B.  R.  202;  112  Fed.  655. 

In  re  Hoyt,  9  Am.  B.  R.  574;  119  Fed.  987. 

Hiittig  Mfg.  Co.  V.  Edwards,  20  Am.  B.  R.  349;  160  Fed.  619;  87  C.  C.  A.  521. 

In  re  Carr,  9  Am.  B.  R.  58;  117  Fed.  572. 

In  re  Hoyt  &  Mitchell,  11  Am.  B.  R.  784;   127  Fed.  968. 

XXX.    Imprisoned  Debtor. 

If,  at  the  time  of  preferring  his  petition,  the  debtor  shall  he  imprisoned, 
the  court,  upon  application,  may  order  him  to  be  produced  upon  habeas  corpus, 
by  the  jailer  or  any  officer  in  whose  custody  he  may  he,  before  the  referee,  for 
the  purpose  of  testifying  in  any  matter  relating  to  his  bankruptcy ;  and,  if 
Gommitted  after  the  filing  of  his  petition  upon  process  in  any  civil  action 
founded  upon  a  claim  provable  in  bankruptcy,  the  court  may,  upon  like  appli- 
cation, discharge  him  from  such  imprisonment.  If  the  petitioner,  during  the 
pendency  of  the  proceedings  in  bankruptcy,  be  arrested  or  imprisoned  upon 
process  in  any  civil  action,  the  district  court,  upon  his  application,  may  issue 
a  writ  of  habeas  corpus  to  bring  him  before  the  court  to  ascertain  whether  such 
process  has  been  issued  for  the  collection  of  any  claim  provable  in  l)ankruptcy, 
and  if  so  provable  he  shall  be  discharged ;  if  not,  he  shall  be  remanded  to  the 
custody  in  which  he  may  lawfully  he.  Before  granting  the  order  for  discharge 
the  court  shall  cause  notice  to  be  served  upon  the  creditor  or  his  attorney, "so  as 
to  give  him  an  opportunity  of  appearing  and  being  heard  before  the  granting 
of  the  order. 


732         GENERAL  ORDERS  IN  BANKRUPTCY. 

Cross  references:     To  the  law:     §  9-a. 
To  the  General  Orders:     XII  (1). 

ILLUSTRATIVE  CASES. 

In  re  Marcus,  5  Am.  B.  K.  365;  105  Fed.  907. 
In  re  Claiborne,  5  Am.  B.  R.  812;  109  Fed.  74. 
In  re  Fife,  6  Am.  B.  R.  258;  109  Fed.  880. 

Barrett  v.  Prince   (C.  C.  A.),  16  Am.  B.  R.  64;    143  Fed.  302;   74  C.  C.  A.  440. 
In  re  Adler,  16  Am.  B.  R.  414;   144  Fed.  659. 

People  ex  rel.  Taranto  v.  Erlanger,  13  Am.  B.  R.  197;  132  Fed.  883. 
In  re  Dresser,  10  Am.  B.  R.  270;   124  Fed.  915;  aff'd,  135  Fed.  495;  68  C.  C.  A. 
207  and  200  U.  S.  532;  50  L.  Ed.  584. 

In  re  Lewensohn,  3  Am.  B.  R.  594;  99  Fed.  73. 
In  re  Hilton,  4  Am.  B.  R.  774;   104  Fed.  981. 
In  re  Baker,  3  Am.  B.  R.  101;  96  Fed.  954. 
Knott  V.  Putnam,  6  Am.  B.  R.  80;  107  Fed.  907. 

XXXI.  Petition  for  Discharge. 

The  petition  of  a  bankrupt  for  a  discharge  shall  state  concisely,  in  accord- 
ance with  the  provisions  of  the  act  and  the  orders  of  the  court,  the  proceedings 
in  the  case  and  the  acts  of  the  bankrupt. 

Cross  references:     To  the  law:     §§  14,  18-c. 
To  the  General  Orders:     XXXII. 

ILLUSTRATIVE  CASES. 

In  re  Soper  &  Slada,  1  Am.  B.  R.  193. 

In  re  Glass,  9  Am.  B.  R.  391;  119  Fed.  509. 

XXXII.  Opposition  to  Discharge  or  Composition. 

A  creditor  opposing  the  applicaiion  oT  a  bankrupt  for  his  discharge,  or  for 
the  confirmation  of  a  composition,  shall  enter  his  appearance  in  opposition 
thereto  on  the  day  when  the  creditors  are  required  to  show  cause,  and  shall  file 
a  specification  in  writing  of  the  grounds  of  his  opposition  within  ten  days 
thereafter,  unless  the  time  shall  be  enlarged  by  special  order  of  the  judge. 

Cross  references:    To  the  law:    §§  12,  14. 
To  the  General  Orders:    IV,  XXXI. 

ILLUSTRATIVE  CASES. 

In  re  Clothier,  6  Am.  B.  R.  203;   108  Fed.  199. 

In  re  Gasser,  5  Am.  B.  R.  32;  104  Fed.  537. 

In  re  Albrecht,  5  Am.  B.  R.  223;   104  Fed.  974. 

Adler  v.  .Jones,  6  Am.  B.  R.  245;   109  Fed.  967. 

Ross  V.  Saunders,  5  Am.  B.  R.  350;  105  Fed.  915;  45  C.  C.  A.  123. 

In  re  Holman,  1  Am.  B.  R.  600;  92  Fed.  512. 

In  re  Hixon,  1   Am.  B.  R.  610;   93  Fed.  440. 

In  re  Grant,  14  Am.  B.  R.  398;  135  Fed.  889. 


GENERAL  ORDERS  IN  BANKRUPTCY.         733 

In  re  Ginsburg,  12  Am.  B.  R.  459;   130  Fed.  627. 

In  re  Levey,  13  Am.  B.  R.  312;    133  Fed.  572. 

In  re  J.  J.  Young,  20  Am.  B.  R.  697;   162  Fed.  912. 

In  re  Nathanson,  18  Am.  B.  R.  252;  152  Fed.  585. 

In  re  Osborne,  8  Am.  B.  R.  165;  115  Fed.  1;  52  C.  C.  A.  595. 

In  re  Levin,  23  Am.  B.  R.  845;   176  Fed.  177;  99  C.  C.  A.  531. 

In  re  C.  H.  Kendrick  &  Co.,  35  Am.  B.  R.  630;  226  Fed.  980. 

Shaffer  v.  The  Koblegard  Co.  (C.  C.  A.  4th  Cir.),  24  Am.  B.  R.  898;  183  Fed.  71; 
105  C.  C.  A.  363. 

In  re  Barrager,  27  Am.  B.  R.  366;  191  Fed.  247. 

In  re  Johnson,  27  Am.  B.  R.  644;   192  Fed.  356. 

In  re  Magen  Bros.  Co.  (C.  C.  A.  3d  Cir.),  27  Am.  B.  R.  729;  192  Fed.  883;  113 
C.  C.  A.  207. 

XXXIII.  Arbitration. 

Whenever  a  trustee  shall  make  application  to  the  court  for  authority  to 
submit  a  controversy  arising  in  the  settlement  of  a  demand  against  a  bank- 
rupt's estate,  or  for  a  debt  due  to  it,  to  the  determination  of  arbitrators,  or  for 
authority  to  compound  and  settle  such  controversy  by  agreement  with  the  other 
party,  the  application  shall  clearly  and  distinctly  set  forth  the  subject-matter 
of  the  controversy,  and  the  reasons  why  the  trustee  thinks  it  proper  and  most 
for  the  interest  of  the  estate  that  the  controversy  should  be  settled  by  arbitra- 
tion or  otherwise. 

Cross  references:    To  the  law:    §§  26,  58-a  (7),  and,  by  analogy,  §  27. 
To  the  General  Orders:      By  analogy,  XXVIII. 

ILLUSTRATIVE    CASE. 
In  re  Hixon,  1  Am.  B.  R.  610;  93  Fed.  440. 

XXXIV.  Costs  in  Contested  Adjudications. 

In  cases  of  involuntary  bankruptcy,  when  the  del)tor  resists  an  adjudication, 
and  the  court,  after  hearing,  adjudges  the  delator  a  bankrupt,  the  petitioning 
creditor  shall  recover,  and  be  paid  out  of  the  estate,  the  same  costs  that  are 
allowed  to  a  party  recovering  in  a  suit  in  equity  ;  and  if  the  petition  is  dis- 
missed, the  debtor  shall  recover  like  costs  against  the  petitioner. 

Cross  references:     To  the  law:     §§  2  (18),  3-e. 
To  the  General  Orders:     By  analogy,  X. 

ILLUSTRATIVE  CASES. 

In  re  Ghiglione,  1  Am.  B.  R.  580;  93  Fed.  186. 

In  re  Philadelphia  and  Lewes  Transportation  Co.,  11  Am.  B.  R.  444;  127  Fed.  896. 

Selkregg  v.  Hamilton,  16  Am.  B.  R.  474;  144  Fed.  557. 

In  re  Hincs,  16  Am.  B.  R.  538;  144  Fed.  142. 

Hoffsclilaeger  Co.  v.  Young  Nap,  12  Am.  B.  R.  526. 

In  re  Barnet,  12  Am.  B.  R.  626;  113  Fed.  107. 

In  re  Wise,  32  Am.  B.  R.  510;  212  Fed.  567. 

In  re  McKenzie,  34  Am.  B.  R.  Ill;  219  Fed.  630. 

In  re  Ward  (D.  C.  N.  J.),  29  Am.  B.  R.  547;  203  Fed.  769. 


JU  GENERAL  ORDERS  IN  BANKRUPTCY, 


XXXV.  Compensation  of  Clerks,  Referees  and  Trustees. 

1.  The  fees  allowed  by  the  act  to  clerks  shall  be  in  full  compensation  for  all 
services  performed  by  them  in  regard  to  filing  petitions  or  other  papers 
required  by  the  act  to  be  filed  with  them,  or  in  certifying  or  delivering  papers 
or  copies  of  records  to  referees  or  other  officers,  or  in  receiving  or  paying  out 
money ;  but  shall  not  include  copies  furnished  to  other  persons,  or  expenses 
necessarily  incurred  in  publishiiig  or  mailing  notices  or  other  papers. 

2.  The  compensation  of  referees,  preseril)ed  by  the  act,  shall  be  in  full  com- 
pensation for  all  services  performed  by  them  uiuler  the  act,  or  under  these 
general  orders ;  but  shall  not  include  expenses  necessarily  incurred  l)y  them  in 
pul)lishing  or  mailing  notices,  in  traveling,  or  in  perpetuating  testimony,  or 
other  expenses  necessarily  incurred  in  the  performance  of  their  duties  under 
the  act  and  allowed  by  special  order  of  the  j^^dge. 

3.  The  compensation  allowed  to  trustees  l)y  the  act  shall  be  in  full  compen- 
sation for  the  services  performed  by  ihem ;  but  shall  not  include  expenses 
necessarily  incurred  in  the  performance  of  their  duties  and  allowed  upon  the 
settlement  of  their  accounts. 

4.  In  any  case  in  which  the  fees  of  the  clerk,  referee  and  trustee  are  not 
required  by  the  act  to  be  paid  by  a  debtor  before  filing  his  petition  to  be 
adjudged  a  bankrupt,  the  judge,  at  any  time  during  the  pendency  of  the  pro- 
ceedings in  bankruptcy,  may  order  those  fees  to  be  i^aid  out  of  the  estate ;  or 
may,  after  notice  to  the  bankrupt,  and  satisfactory  proof  that  he  then  has  or 
can  obtain  the  money  with  which  to  pay  those  fees,  order  him  to  pay  them 
within  a  time  specified,  and,  if  he  fails  to  do  so,  may  order  his  petition  to  be 
dismissed.  He  may  also,  pending  such  proceedings,  both  in  voluntary  and 
involuntary  cases,  order  the  commissions  of  referees  and  trustees  to  be  paid 
immediately  after  such  commissions  accrue  and  are  earned. 

Cross   references:     To   the   law:     As   to   compensation    of   clerks,    S§    52,    71.     As   to 
compensation  of  referees,  S§  40,  72.     As  to  compensation  of  trustees,  §§  48,  72. 
As  to  pauper  cases,   §   51 -a    (2). 
To  the  General  Orders:    X,  XII,  XVII,  XIX,  XXVI,  XXIX. 

ILLUSTRATIVE  CASES. 

In  re  Collier,  1  Am.  B.  R.  182:  93  Fed.  101. 
In  re  Lanjjslow,  1  Am.  B.  R.  258;  fl8  Fed.  860. 
In  re  Felson,  15  Am.  B.  R.  185,  104;  L'lO  Fed.  275. 
In  re  Pierce,  6  Am.  B.  R.  747. 
In  re  Epstein,  6  Am.  B.  R.  101;   100  Fed.  878. 
In  ro  Plimpton,  4  Am.  B.  R.  614;   10.3  Fed.  775. 
Compensation  of  referee. 

Bray.  Trustee  v.  Johnson,  Referee,  et  al.    (C.  C.  A.  4th  Cir.),  21  Am.  B.  R.  38.3; 
166  Fed.  57;  01  C.  C.  A.  643. 
Trustee's  expenses. 
In  re  Hart  &  Co.,  17  Am.  B.  R.  480. 
In  re  Wilcox,  19  Am.  B.  R.  241  :  156  Fed.  685. 
Fees  of  clerks. 


GENERAL  ORDERS  IN  BANKRUPTCY.         735 

In  re  Dunn  Hardware  and  Furniture  Co.,  14  Am.  B.  K.  186;   134  Fed.  997. 

In  re  Screws,  17  Am.  B.  R.  269;  147  Fed.  989. 

Dressel  v.  North  State  Lumber  Co.,  9  Am.  B.  R.  541;   119  Fed.  531. 

In  re  Dixon,  8  Am.  B.  K.  145;  114  Fed.  675. 

Sellers  v.  Bell,  2  Am.  B.  R.  529;  94  Fed.  801. 

In  re  Elk  Valley  Coal  Mining  Co.,  32  Am.   B.  R.    197;   213   Fed.   383. 

In  re  C.  J.  McCubbin  Co.,  33  Am.  B.  R.  277;  42  Wash.  Law  Rep.  744. 

In  re  Loughney,  34  Am.  B.  R.  206;  218  Fed.  980. 

In  re  Lacey  &  Co.,  35  Am.  B.  R.  231 ;  43  Wash.  Law  Rep.  434. 

In  re  Schreiber,  35  Am.  B.  R.  241. 

In  re  Langford  Felts  &  Myers,  35  Am.  B.  R.  519. 

In  re  Iwanaga  (D.  C.  Haw.),  36  Am.  B.  R.  285. 

XXXVI.    Appeals. 

1.  Appeals  from  a  court  of  l)ankruptcy  to  a  circuit  court  of  appeals,  or  to 
the  supreme  court  of  a  Territor}-,  shall  be  allowed  by  a  judge  of  the  court 
appealed  from  or  of  the  court  appealed  to,  and  shall  be  regulated,  except  as 
otherwise  provided  in  the  act,  liy  the  rules  governing  appeals  in  equity  in  the 
courts  of  the  United  States. 

2.  Appeals  under  the  act  to  the  Supreme  Court  of  the  United  States,  from 
a  circuit  court  of  appeals,  or  from  a  supreme  court  of  a  Territory,  or  from  the 
Supreme  Court  of  the  District  of  Columbia,  or  from  any  court  of  bankruptcy 
whatever,  shall  be  taken  within  thirty  days  after  the  judgment  or  decree,  and 
shall  be  allowed  by  a  judge  of  the  court  appealed  from,  or  l)y  a  justice  of  the 
Supreme  Court  of  the  United  States. 

3.  In  every  case  in  which  either  party  is  entitled  by  the  act  to  take  an  appeal 
to  the  Su])reme  Court  of  the  United  States,  the  court  from  which  the  appeal 
lies  shall,  at  or  l)efore  the  time  of  entering  its  judgment  or  decree,  make  and 
file  a  finding  of  the  facts,  and  its  conclusions  of  law  thereon,  stated  separately  ; 
and  the  record  transmitted  to  the  Supreme  Court  of  the  United  States  on 
such  an  appeal  shall  consist  only  of  the  pleadings,  the  judgment  or  decree,  the 
finding  of  facts,  and  the  conclusions  of  law. 

Cross  references:      To  the  law:      SS  24,  25. 

To  ^Ye  Genial  Ordc-p;      Bv  a>v\ioov    yXVIL 

Page  735,  line  34  : 

See  Act  of  .Ian.  28,  1!II.-,,  3S  Stat,  at  L.  eh.  22.  pp.  8U3,  8U4,  restricting  appeals 
to  U.  S.  Supreme  Court. 

In  re  Rauchenplatt,  9  Am.  B.  R.  763:   1   Porto  Rico  471. 

Frst  National  Bank  of  Denver  ct  al.  v.  King,  8  Am.  B.  R.  12:  186  U.  S.  202; 
46  L.  Ed.  1127. 

Crucible  Steel  Co.  of  America  v.  ITolt.  23  .Am.  B.  R.  302;  174  Fed.  P27 :  98  C.  C.  A. 
1(11;  ard.  224  r.  S.  262. 

Ross  et  al.  v.  Stroh,  21  Am.  B.  R.  644;  165  Fed.  628;  91  C.  C.  A.  616. 

Clia-inijin.  Trustee,  etc.  v.  Bowcn  (V.  S.  Sup.),  IS  Am.  B.  R.  844;  207  U.  S.  89; 
.52  L.  Kd.   116. 

Conboy  V.  National  Bank  (V.  S.  Sup.).  16  Am.  B.  R.  773;  203  U.  8.  141;  51  L. 
Ed.  128. 

Section  3. 


736  GENERAL  ORDERS  IN  BANKRUPTCY. 

Knapp  V.  Milwaukee  Trust  Co.,  20  Am.  B.  R.  671;  162  Fed.  675;  s.  c.  (U.  S.  Sup.) 
30  Sup.  Ct.  Rep.  412;  24  Am.  B.  R.  761;  216  U.  S.  545;    54  L.  Ed.  610. 

Hiscock  V.  Varick  Bank  of  New  York,  18  Am.  B.  R.  1;  206  U.  S.  28;  51  L.  Ed.  945. 

Armstrong  v.  Fernandez  et  al.,  19  Am.  B.  R.  746;  208  U.  S.  324;  52  L.  Ed.  514. 

In  re  Philip  Semner  Glass  Co.,  135  Fed.  77;  67  C.  C.  A.  551;  dismissed,  203  U.  S. 
141;  51  L.  Ed.  128. 

Houghton  V.  Burden  (U.  S.  Sup.i,  30  Am.  B.  R.  16;  228  U.  S.  161:  57  L.  Ed.  780. 

Baker  Ice  Machine  Co.  v.  Bailey  (C.  C.  A.  8th  Cir.),  31  Am.  B.  R.  513;  209  Fed.  844; 
126  C.  C.  A.  568. 

Century  Savings  Bank  v.  Robert  Moody  &  Son  (C.  C.  A.  8th  Cir.),  31  Am.  B.  R. 
586;  209  Fed.  775;   126  C.  C.  A.  499. 

Washington  v.  Tearney  (C.  C.  A.  4th  Cir.).  28  Am.  B.  R.  633;  197  Fed.  307;  117 
C.  C.  A.  53. 

XXXVII.    General  Provisions. 

In  proceedings  in  equity,  instituted  for  the  purpose  of  carrying  into  effect 
tl;e  provisions  of  tlie  act,  or  for  enforcing  the  rights  and  remedies  given  by  it, 
the  rules  of  equity  practice  established  by  the  Supreme  Court  of  the  United 
States  shall  be  followed  as  nearly  as  may  Ije.  In  proceedings  at  law,  insti- 
tuted for  the  same  purpose,  the  practice  and  procedure  in  cases  at  law  shall  be 
followed  as  nearly  as  may  be.  But  the  judge  may,  by  special  order  in  any 
case,  vary  the  time  allowed  for  return  of  process,  for  appearance  and  pleading, 
and  for  taking  testimony  and  publication,  and  may  otherwise  modify  the  rules 
for  the  preparation  of  any  particular  case  so  as  to  facilitate  a  speedy  hearing. 

ILLUSTRATIVE  CASES. 

In  re  Fleischer,  18  Am.  B.  R.  194;   151  Fed.  81. 

In  re  Hark  Bros.,  14  Am.  B.  R.  400;  135  Fed.  603. 

In  re  Lipsett,  Levittan  &  Co.,  9  Am.  B.  R    32;   119  Fed.  379. 

In  re  Waugh  (C.  C.  A.  9th  Cir.),  13  Am.  B.  R.  187;  133  Fed.  281:  66  C.  C.  A.  659. 

In  re  Docker-Foster  Co.,  10  Am.  B.  R.  584;  123  Fed.  190. 

Ex  parte  Steele,  20  Am.  B.  R.  575;  162  Fed.  694. 

In  re  Kenney  &  Co.,  14  Am.  B.  R.  611 ;  136  Fed.  451. 

In  re  .lones,  31  Am.  B.  R.  693;  209  Fed.  717. 

International  Harvester  Co.  v.  Carlson  (C.  C.  A.  8th  Cir.),  33  Am.  B.  R.  178;  217 
Fed.  736;   133  C.  C.  A.  430. 

In  re  Cunney,  35  Am.  B.  R.  617. 

In  re  T.  A.  Mclntyre  &  Co.  (C.  C.  A.  2d  Cir.),  24  Am.  B.  R.  4;  176  Fed.  552;  100 
C.  C.  A.  140. 

XXXVIII.    Forms. 

The  several  forms  annexed  to  these  general  orders  shall  be  observed  and 
used,  with  such  alterations  as  may  be  necessary  to  suit  the  circumstances  of 
any  particular  case. 

ILLUSTRATIVE  CASES. 

Burke  v.  Ouarant.-e  Title  and  Trust  Co..  14  Am.  B.  R.  31;  134  Fed.  562;  67  C.  C. 
A.  486. 

In  re  Laskaris,  1  Am.  B.  R.  480. 

In  re  Sopor  and  Slada,  1  Am.  B.  R.  193. 

In  re  Lenters  (D.  C.  Pa.),  35  Am.  B.  R.  3. 

In  re  Farthing  (D.  C.  No.  Car.),  29  Am.  B.  R.  732;  202  Fed.  557. 


RULES  OF  THE  DISTRICT  COURTS 
IN  BANKRUPTCY. 


L737J 


SOUTHERN  DISTRICT  OF  NEW  YORK. 


RULE  I. 

Petitions. 

Petitions  should  state  where  the  debtor  has  resided,  including  the  street  and  number, 
if  any,  and  also  where  his  principal  place  of  business,  if  any,  has  been  during  the  pre- 
ceding six  months,  or  the  greater  part  thereof;  and  the  schedules,  as  respects  creditors 
in  the  city  of  New  York,  should  state  the  street  and  number  of  their  residence,  or  place 
of  business,  so  far  as  known. 

Petitions  by  one  or  more  of  several  copartners  should  state,  in  case  a  discharge 
from  copartnership  debts  is  desired,  whether  there  are  firm  assets,  and,  if  there  are,  the 
petition  should  further  state  whether  the  firm  and  any  other  partners  not  joining  in  the 
petition  are  solvent  or  insolvent,  and,  if  insolvent,  the  place  of  residence  and  where- 
abouts of  such  other  partners,  so  far  as  known,  or  ascertainable,  in  order  that  they  may 
be  brought  in  as  parties  in  case  they  refuse  to  join  in  the  petition.  Petitions  and  other 
papers  filed,  except  schedules,  shall  be  upon  law  cap,  not  more  than  nine  inches  wide  by 
fourteen  inches  long. 

RULE  II. 

Laches. 

In  case  of  imreasonable  delay  in  the  bankruptcy  proceedings  after  an  injunction  or 
stay  of  any  other  proceeding  has  been  granted,  application  may  be  made  on  any  motion 
day  in  bankruptcy,  on  five  days'  notice,  to  dissolve  the  stay,  though  the  time  limited  in 
the  order  granting  the  stay  has  not  expired. 

RULE  III. 
Publication  of  Notices. 
Notices  for  the  first  meeting  of  creditors  shall  be  published  once  only  unless  other- 
wise ordered. 

RULE  IV. 

Newspapers  for  Official  Advertising. 
The  following  newspapers  are  designated  in  pursuance  of  section  28  of  the  Act, 
for  publication  of  notices  and  orders: 

In  New  York  County  — "  The  New  York  Times." 
In  Bronx  County  —  "  The  North  Side  News." 
In  Westchester  County  —  "  Yonkers  Statesman." 
In  Putnam   County  — "  The   Putnam   County   Republican." 
In  Dutchess  Coiuity  —  "  The  Poughkeepsie  Daily  Eagle." 
In  Columbia  County  —  "  The  Columbia  Republican." 
In  Greene  County  — "The  Catskill  Mail." 

In  Sullivan  and  Ulster  Counties  —  "  The  Kingston  Daily  Freeman." 
In  Orange  County  —  "  The  Newburgh  .Journal." 
lu  Rockland  County  —  "  The  Nyack  Evening  Joiu-nal." 

[739] 


740  RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. 

RULE  V. 

Depositories. 

Banking  institutions  as  depositories  for  moneys  of  bankrupt  estates  shall  be  desig- 
nated by  orders  entered  for  that  purpose,  and  the  Clerk  shall  keep  a  list  of  authorized 
depositories  open  to  the  inspection  of  the  public. 

RULE  VI. 
Checks  and  Warrants. 
The  Referee  before  whom  a  case  is  pending  is  designated  as  the  one  to  countersign 
all  warrants  and  checks  for  the  withdi'awal  of  money  from  the  depository  under  Rule 
29  of  the  General  Orders,  unless  otherwise  specially  ordered  by  a  Judge. 

RULE  VII. 

Applications  for  Discharge,  and  Compositions. 

Applications  for  the  discharge  of  the  bankrupt,  or  for  confirmation  of  a  composi- 
tion, duly  verified,  should  be  filed  in  the  first  instance  with  the  Referee  in  charge,  who 
will  thereupon  fix  a  day  for  the  hearing  before  the  Judge,  which  may  be  upon  any  Bank- 
ruptcy Motion  day  at  10:30  a.  m.,  and  give  the  requisite  notices  thereof  to  all  creditors 
or  other  persons  interested,  and  thereafter  transmit  to  the  Clerk  of  the  Court  three 
days  prior  to  the  return  day,  due  proof  of  the  service  of  such  notices,  together  with  the 
petition  for  discharge  or  composition  and  a  certificate  or  report  of  the  Referee  as  to 
the  fact  whether  the  bankrupt  has  in  all  things  conformed  to  the  requirements  of  the 
Act,  and  has  committed  none  of  the  offenses  and  done  none  of  the  acts  prohibited  in 
subdivision  B  of  section  14,  and  whether  the  bankrupt  in  the  opinion  of  the  Referee  is 
entitled  to  his  discharge.  On  the  return  day,  the  default  of  all  creditors  not  appearing 
in  opposition  to  the  discharge  or  composition  shall  be  entered.  Upon  due  filing  of 
written  specifications  of  the  grounds  of  opposition  to  the  discharge  or  composition,  the 
same  shall  be  referred  to  the  Referee  in  charge  to  take  the  proofs  and  testimony  oflTered 
by  the  parties,  and  to  ascertain  and  report  the  facts.  The  hearing  thereon  before  the 
Referee  may  be  brought  on  by  any  party  on  five  days'  notice  thereof  to  the  attorneys 
of  the  other  parties. 

RULE  VIII. 

Opposition  to  Discharge. 

On  the  return  day  of  the  application  for  discharge  or  composition  the  default  of 
all  creditors  not  appearing  in  opposition  thereto  shall  be  entered.  If  there  is  no  appear- 
ance in  opposition  the  bankrupt,  if  he  appears  to  be  entitled  thereto,  shall  be  fortliwith 
discharged,  or  the  composition  allowed.  If  any  appearance  in  opposition  is  filed  the 
bankrupt,  who  must  be  personally  present,  may  be  examined  instanter  if  desired  by 
the  parties  appearing,  and  specifications  in  opposition  to  the  discharge  must  be  verified, 
and  filed  in  the  Clerk's  office,  as  required,  within  ten  days  after  the  said  return  day, 
and  the  further  hearing  on  the  discharge  shall  stand  adjourned  two  weeks  from  the 
return  day  at  the  same  hour. 

On  such  adjourned  day  any  exceptions  to  the  relevancy  or  sufficiency  of  the  speci- 
fications in  opposition  to  the  discharge  shall  be  summarily  heard.  If  the  specifications 
are  not  excepted  to,  or  if  upon  exception  they  are  sustained,  the  same  shall  be  referred 
to  the  Referee  in  charge  to  take  the  proofs  and  testimony  offered  by  the  parties,  and  to 
ascertain  and  report  the  facts.  The  hearing  thereon  before  the  Referee  may  be  brouglit 
on  by  either  -party  on  five  days'  notice  thereof  to  the  attorney  of  the  other.  After  the 
filing  of  the  Referee's  report  thereon  the  further  hearing  before  the  Judge  may  be  had 
on  any  Bankruptcy  Motion  day,  on  five  days'  written  notice  to  the  parties  who  have 
appeared. 


RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK.  741 

RULE  IX. 
Closing  Cases  and  Vacation  of  Stay. 

\^'Tiere  there  are  no  assets  and  no  trustee  has  been  appointed,  and  no  application 
for  a  trustee  is  pending,  after  a  meeting  of  creditors  duly  called,  the  case  shall  be 
deemed  closed  for  the  purpose  of  the  payment  by  the  Clerk  to  the  Referee  of  the  deposit 
for  his  services,  when  a  discharge  has  been  granted  or  refused  to  the  bankrupt,  or  when 
three  months  have  elapsed  after  the  first  meeting  of  creditors  without  any  application 
by  the  bankrupt  for  his  discharge. 

Where  a  trustee  has  been  appointed  the  case  shall  be  deemed  closed,  and  the  deposit 
for  his  services  paid  to  him  on  the  confirmation  of  a  composition,  or  on  approval  of  the 
trustee's  final  account,  and  payment  of  the  final  dividend,  or  upon  the  trustee's  veri- 
fied report  that  no  assets  have  come  into  his  hands  or  were  discoverable.  When  the 
case  is  closed,  if  no  trustee  has  been  appointed,  the  deposit  for  trustee's  services  shall 
be  paid  by  the  Clerk  to  the  petitioner's  attorney. 

If  no  meeting  of  creditors  has  been  held,  the  case  shall  be  deemed  closed  at  the 
expiration  of  one  year  from  the  date  of  adjudication,  and  any  stay  granted  thereon 
shall  thereupon  be  deemed  vacated  unless  otherwise  ordered  by  the  Court. 

RULE  X. 
Accounting  for  Indemnity. 

The  Referee's  certificate  that  the  case  is  closed  must  be  accompanied  by  an  itemized 
statement  of  the  sums  deposited  with  him  as  indemnity,  and  of  the  items  of  charges 
against  the  same  with  the  dates  thereof,  and  of  the  balance  remaining,  if  any;  and 
upon  the  receipt  of  such  statement,  together  with  a  certificate  that  the  case  is  closed, 
the  deposit  shall  be  paid  over  by  the  Clerk. 

RULE  XI. 

Notices,  Method  of  Mailing. 

All  notices  mailed  by  Referees  to  creditors  shall  have  printed  upon  the  envelope 

inclosing  the  notice  the  name  and  address  of  the  Referee,  with  direction  to  return  the 

same  to  him  if  the  person  addressed  is  not  foimd  within  ten  days.     Returned  notices 

or  a  list  thereof  shall  be  preserved  and  reported  as  required. 

RULE  XII. 

Referees'  Expenses,  How  Reimbursed. 
Keferees'  drafts  or  orders  upon  the  trustee  for  the  payment  of  money  to  themselves, 
are  allowed  only  for  the  expenses  already  incurred,  and  shall  be  accompanied  by  dupli- 
cate vouchers  to  the  trustee  stating  the  items  of  the  expenses,  payment  of  which  is 
called  for;  and  one  of  such  vouchers  shall  upon  payment  be  forthwith  filed  by  the 
trustee  in  the  Clerk's  office. 

RULE  XIII. 
Delay  in  Hearings,  Procedure  on. 
If  the  hearing  before  the  Referee  on  specifications  of  objection  to  discharge  or 
composition  is  not  begun  within  one  month  after  the  specificationa  of  objection  are 
referred  to  the  Referee,  or  if,  after  the  hearing  is  begun,  there  is  unreasonable  delay  by 
the  bankrupt  in  carrying  on  and  completing  such  hearing,  the  Referee  is  directed  to 
certify  such  facts  to  the  Court;  and  thereupon,  upon  notice  to  the  bankrupt,  an  appli- 
cation to  dismiss  the  petition  may  be  made. 


742  KULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. 

RULE  XIV. 
Sureties,  Insolvency  of. 
In  all  cases  where  a  bond  is  taken  for  the  delivery  of  property  upon  claim  therefor, 
if  either  of  the  sureties  shall  become  insolvent  pending  the  proceeding,  a  new  surety 
may  be  required  to  be  given  by  order  of  the  Court. 

RULE  XV. 
Petitions  for  Review,  Limitation  of  Time  for. 
A  petition  for  review  of  a  Referee's  order  must  be  filed  with  the  Referee  within 
ten  daj's  after  the  order  is  made,  unless  such  time  is  extended  before  or  after  expiration 
of  said  ten  days,  by  the  Referee  or  the  Court. 

RULE  XVI. 

Official  Auctioneer. 
An  official  auctioneer  shall  be  designated  by  this  Court,  who  may  be  removed  by  it 
at  any  time.  Such  auctioneer  shall  provide  an  adequate  warehouse  and  shall  receive 
and  store  in  such  warehouse,  and  insure,  if  requested,  movable  property  of  bankrupt 
estates,  without  charge  for  storage  if  sold  at  auction  by  him.  Such  auctioneer  shall 
give  a  bond  to  the  United  States,  to  be  approved  by  this  Court,  with  sureties  or  a  surety 
company  in  the  sum  of  $50,000,  conditioned  for  the  faitliful  and  prompt  accounting  for 
all  moneys  and  property  which  may  come  into  his  possession  as  such  auctioneer,  for 
compliance  with  all  rules,  orders  and  decrees  of  this  Court,  and  for  the  faithful  perform- 
ance of  the  duties  of  his  office  in  all  respects. 

RULE  XVII. 
Sales,  How  Held,  and  Advertisement  Thereof. 

Sales  of  the  property  of  bankrujit  estates  in  New  York  City  shall  be  by  public  auc- 
tion by  the  official  auctioneer,  unless  otherwise  specially  ordered.  Notice  of  auction 
sales  shall  be  given  to  all  known  creditors  by  mail  and  by  advertisement  in  the  New 
York  Times  and  Daily  Trade  Record,  if  the  sale  is  in  the  City  of  New  Y'ork,  and  in  the 
newspaper  designated  in  Rule  5  if  the  sale  is  without  the  City  of  New  York.  Such 
notice  shall  be  sent  and  published  five  days  before  the  sale,  in  cases  of  sales  by  receivers, 
and  ten  days  before  the  sale  in  cases  of  sales  by  trustees,  unless  a  shorter  notice  is 
specially  ordered.  Sales  in  New  York  City  shall  also  be  advertised  as  above  required 
on  the  morning  of  the  sale.  The  receiver  or  trustee  conducting  the  sale  may  cause  such 
further  advertising  or  notice  to  be  given  as  he  may  deem  desirable. 

At  least  two  days  before  a  sale  a  conspicuous  notice  of  such  sale  shall  be  placed  on 
the  front  of  the  premises  where  the  sale  is  to  take  place,  and  the  property  placed  on 
exhibition  there. 

The  receiver  or  trustee  may  direct  that  the  goods  be  sold  first  in  bulk  and  then  in 
lots,  the  highest  aggregate  being  accepted,  or  in  any  other  manner,  in  his  discretion.  If 
the  sale  is  not  a  simple  auction  sale,  the  method  to  be  adopted  and  any  other  terms  of 
sale  shall  be  printed  on  the  catalogue  and  announced  by  the  auctioneer  before  the  sale. 
The  auctioneer  shall  also  announce  before  each  sale  and  the  catalogue  shall  contain  a 
statement  that  no  sale  will  be  completed  without  the  special  order  of  the  Court,  unless 
the  sale  realizes  seventy-five  per  cent  or  more  of  the  appraised  value  of  the  goods  sold. 
Any  goods  replevined  or  reclaimed  or  for  any  cause  withdrawn  from  the  sale  shall  be 
set  apart  and  conspicuously  marked  "  Withdrawn  from  sale,"  and  such  fact  announced 
by  the  auctioneer  before  tlie  sale. 


RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK.  743 

RULE  XVIII. 
Auctioneer's  Fees  and  Charges. 
The  auctioneer  shall  be  allowed  a  reasonable  charge  for  the  storage  of  goods  if  not 
sold  by  him,  and  his  reasonable  disbursements  for  necessary  labor,  cataloguing,  printing, 
insurance,  and  all  other  actual  and  necessary  disbursements.  He  shall  also  be  allowed 
the  following  commissions  upon  the  proceeds  of  sales  made  by  him:  Four  per  cent  on 
the  first  live  thousand  dollars  or  any  part  thereof;  two  per  cent  on  the  next  ten  thou- 
sand dollars  or  any  part  tliereof,  and  one  per  cent  on  any  additional  amount.  No  other 
compensation  shall  be  allowed. 

RULE  XIX. 
Taxation  of  Fees  and  Charges. 
Any  official  of  this  Court  (including  the  official  auctioneer)  making  any  charge  for 
services  or  expenses,  shall  upon  the  reqviest  of  any  interested  party  deliver  to  him  a 
statement  in  writing  of  such  charge  or  fee,  properly  itemized,  and  the  amount  of  such 
charge  or  fee  may  thereupon  be  taxed  by  the  Clerk  upon  a  notice  of  two  hours  if  the 
auctioneer  or  official  making  the  charge  has  an  office  within  the  City  of  New  York,  and 
upon  a  notice  of  twenty -four  hours  if  he  has  an  office  outside  of  the  City  of  New  York. 

RULE  XX. 
Counsel  for  Receivers. 
No  receiver  in  bankruptcy  shall  employ  any  attorney  or  counsel  except  upon  the 
order  of  this  Court.  Such  order  shall  be  granted  only  upon  the  petition  of  the  receiver 
setting  forth  the  name  of  the  counsel  whom  he  wishes  to  employ,  the  reasons  for  the 
selection  of  that  person,  and  showing  the  necessity  of  employing  any  attorney  or 
counsel. 

RULE  XXI. 

Books  and  Documents,  How  Disposed  of. 
Accoimt  books,  documents  and  papers  of  every  description,  constituting  part  of  a 
bankrupt's  estate,  which  have  been  deposited  for  storage  with  the  official  auctioneer  by 
any  receiver,  trustee,  bankrupt  or  other  person,  shall  be  removed  from  such  storage 
within  one  month  after  the  case  is  closed,  and  within  one  year  after  such  deposit  in 
all  cases,  whether  the  case  is  closed  or  not.  If  this  rule  is  not  complied  with,  the 
auctioneer  may  sell  the  same  at  public  auction,  after  mailing  reasonable  written  notice 
of  the  time  and  place  of  such  sale  to  the  receiver  or  trustee,  or  to  the  bankrupt  or  his 
attorney,  if  the  case  has  been  closed.  The  auctioneer,  upon  approval  of  the  Court,  may 
appropriate  so  much  of  the  proceeds  of  said  sale  as  may  be  reasonably  necessary  to  pay 
him  a  just  recompense  for  the  storage  charges  on  such  account  books  and  papers.  All 
other  property  belonging  to  a  bankrupt's  estate,  left  on  storage  with  the  official  auc- 
tioneer more  than  one  year,  shall  be  liable  after  such  year  to  reasonable  storage  charges, 
and,  if  such  storage  charges  are  not  paid,  upon  demand,  the  auctioneer  may  sell  such 
property,  after  sending  written  notice  by  mail  to  the  receiver  or  trustee  of  the  time 
and  place  of  such  sale,  and  after  due  advertisement  as  provided  in  the  Eules  of  this 
Coirrt  for  auction  sales,  and  shall  pay  into  Court  the  proceeds  in  excess  of  storage 
charges,  to  await  the  further  order  of  the  Court. 

RULE  XXII. 
Allowances,  Notice  of  Application  for. 
All  applications  before  Referees  for  allowances  to  receivers,  trustees,  appraisers, 
accountants  or  attorneys  shall  be  heard  on  notice  sent  by  mail  to  the  creditors  of  the 
various  attorneys,  accountants  and  appraisers  by  the  Referee.      (Amended  June  22,  1915. 
In  effect  Julv  1,  1915.) 


744  RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK. 

UNITED   STATES   DISTRICT   COURT  — SOUTHERN   DISTRICT    OF   NEW   YORK. 

It  is  ordered  that  the  following  additional  rule  in  bankrui:itcy  be  and  hereby  is 
adopted  as  a  rule  of  this  court: 

RULE  XXIII. 
Compositions,  Affidavit  on  Confirmation  of. 
Upon  any  application  for  confirmation  of  a  composition,  the  bankrupt  or  alleged, 
bankrupt  shall  tender  to  the  Court  with  the  order  for  confirmation,  an  affidavit  which 
shall  state  all  amounts  paid  or  promised  to  be  paid  prior  to,  upon  or  after,  the  confirm- 
ation of  said  composition  in  consideration  of  or  in  connection  with  such  composition, 
to  the  receiver,  trustee  or  assignee  and  each  of  his  or  their  respective  attorneys  and 
counsel,  to  the  attorney  for  the  bankrupt,  to  any  person  rendering  service  in  effecting 
or  aiding  the  composition,  or  to  any  attorney  for  petitioning  creditors,  and  to  attorneys, 
counsel  or  other  representatives  of  creditors  or  creditors'  committees.  Such  affidavit 
shall  also  state  what  if  any  reclamations  are  pending,  and  the  disposition  to  be  made 
of  them,  in  the  event  of  composition  being  approved. 

INSTRUCTIONS  TO  REFEREES  IN  BANKRUPTCY 
And  Charges  Authorized  to  be  Made  by  Them  for  Disbursements  and  Expenses. 

1.  Referees  are  required  to  call  a  first  meeting  of  creditors  forthwith  upon  receiv- 
ing schedules,  and  to  do  so  without  waiting  for  indemnity  to  cover  expenses,  or  request 
from  any  party  in  interest. 

2.  All  hearings  before  Referees  on  references  held  pursuant  to  any  order  of  Court 
other  than  orders  of  adjudication,  shall  be  considered  as  hearings  on  references  to 
Referees  as  Special  IVIasters  and  charged  for  at  $5  a  day  unless  a  higher  charge  be 
ordered  by  the  Court. 

3.  Referees  are  instructed  not  to  cause  the  proceedings  of  the  first  meeting  of 
creditors,  either  at  the  first  session  thereof  or  any  adjourned  session,  to  be  taken  steno- 
graphically  unless  requested  by  some  party  or  parties  in  interest,  and  if  such  request 
is  made  then  not  unless  the  same  be  approved  by  the  Referee  and  arrangements  made 
satisfactory  to  the  Referee  for  the  payment  of  the  stenographer  who  takes  the  notes. 
of  such  proceedings,  and  no  stenographer  shall  be  employed  for  this  piu-pose  unless 
approved  by  the  Referee. 

4.  Referees  are  directed  to  exercise  an  active  supervision  over  trustees  to  prevent 
delay  in  the  settlement  of  estates.  The  provisions  of  section  47  of  the  Bankruptcy 
Act,  requiring  tliat  trustees  make  reports  every  two  months,  and  of  section  65,  requir- 
ing dividends  to  be  paid  within  thirty  days  after  the  adjudication,  if  there  is  sufficient 
money  applicable  thereto  to  pay  a  dividend  of  five  per  cent,  and  thereafter  whenever 
there  is  sufficient  money  to  pay  a  dividend  of  ten  per  cent,  should  be  strictly  enforced. 
If  any  trustee,  after  due  notice  from  the  Referee,  neglects  to  make  such  reports,  or  to^ 
pay  such  dividends,  or  unreasonably  delays,  in  any  respect,  the  prompt  settlement  of 
the  estate,  the  Referee  in  charge  is  directed  to  make  a  certificate  of  the  facts,  and  upou 
it  to  issue  an  order,  returnable  before  the  judge  on  any  motion  day,  requiring  the 
trustee  to  show  cause  why  he  should  not  be  removed. 

5.  Referees  are  directed  to  make  a  report  to  the  Court,  in  the  months  of  April  and 
October  in  each  year,  of  all  unsettled  cases  which  have  been  pending  before  them  more 
than  fifteen  months.  Such  reports  should  contain  the  title  and  number  of  the  case,  the 
date  when  it  was  referred,  and  a  concise  statement  showing  what  substantial  proceed- 
ings have  been  had  in  the  case,  and  why  it  has  not  been  closed. 

6.  All  evidence  offered  before  referees  shall  be  taken  stenngraphically  and  the  notes 
thereof  preserved,  but  not  transcribed  unless  ordered  by  the  Referee  for  his  own  use  or 
at  the  request  of  some  party  in  interest.     If  the  Referee  desires  such  transcript  for  his 


RULES  IN  SOUTHERN  DISTRICT  OF  NEW  YORK.  745 

own  use  it  shall  be  furnished  at  the  cost  of  the  petitioner  or  moving  party  and  shall 
be  paid  for  before  the  final  submission  of  the  case. 

Referees  sliall  make  and  file  their  decisions  in  all  calendar  cases  within  one  month 
after  their  final  submission,  unless  such  time  be  extended  by  order  of  a  Judge  of  this 
Court,  and  shall  forthwith  give  written  notice  of  such  filing  to  all  the  parties  in  interest 
or  their  attorneys  who  have  appeared  before  them. 

7.  Upon  receiving  from  or  on  behalf  of  any  petitioning  creditor  the  list  referred  to 
in  General  Order  No.  9,  Referees  shall  on  payment  of  estimated  expenses  forthwith  call 
a  first  meeting  of  creditors,  and  prepare  and  file  schedules  in  compliance  with  section 
39,  subdivision  6,  of  the  Bankruptcy  Act. 

8.  Referees  sitting  as  Special  Masters  to  ascertain  the  compensation  of  Receivers 
and  their  attorneys  are  directed  not  to  allow  any  attorney  for  any  Receiver  more  than 
twice  the  statutory  allowance  of  the  Receiver.  If,  in  the  opinion  of  the  Master,  a 
greater  compensation  should  be  awarded,  Master  shall  certify  concisely  to  the  Court 
the  grounds  of  his  opinion  and  the  amount  of  the  Receiver's  fee  allowed.  Applications 
for  additional  compensation  shall  be  heard  as  motions  on  the  Bankruptcy  Motion 
Calendar.  The  same  course  shall  be  pursued  by  Referees  in  respect  of  the  compensation 
of  attorneys  for  Trustees.      (Added  February  1,  1913.) 

9.  The  referees  are  required  to  arrange  among  themselves  a  schedule  for  the 
months  of  July,  August  and  September,  in  such  manner  that  at  least  two  Referees 
shall  be  in  attendance  at  their  several  offices  at  any  one  time  during  said  months.  Such 
schedule  being  fiu-nished  to  the  Court,  the  Clerk  will  thereupon  assign  all  cases  in 
accordance  with  the  scliedule.     (Added  February  1,  1913.) 

10.  Within  twenty  days  after  a  petition  for  discharge  shall  have  been  filed  with 
the  Referee,  the  order  to  show  cause  thereon  shall  be  issued.  (Added  June  22,  1915.  In 
effect  July  1,  1915.) 

And  it  is  further  ordered  that  the  following  additional  instructions  to  referees  are 
hereby  adopted  and  ordered  to  be  communicated  to  the  several  referees,  viz.: 

11.  Upon  the  declaration  of  a  final  dividend  referees  shall  direct  the  trustees  at 
the  expiration  of  one  year  from  the  date  of  such  final  dividend,  to  stop  payment  on  all 
dividend  checks  then  unpaid,  and  to  deposit  the  amount  of  such  unclaimed  dividends 
with  the  Clerk  of  this  Court,  and  at  the  same  time  to  file  with  said  Clerk  a  list  of  the 
persons  entitled  to  such  unclaimed  dividends.  The  Clerk  shall  thereupon  deposit  the 
amount  so  received  by  him  in  the  registry  of  the  Court  to  the  credit  of  the  case. 

If,  after  the  declaration  of  a  final  dividend  or  other  termination  of  proceedings, 
any  trustee  or  receiver  shall  have  paid  to  him  any  moneys  of  the  estate,  he  shall  notify 
at  least  two  of  the  larger  creditors  of  the  estate,  and  forthwith  pay  the  same  to  the 
Clerk  of  this  Court,  who  shall  deposit  the  same  as  is  hereinabove  directed  in  respect 
of  imclaimed  dividends. 

By  order  of  the  Court. 

Dated  April  10,  1916. 

Authorized  Charges  for  Disbursements  and  Expenses. 
The   following   charges   are  allowed   and   shall   be    separately    stated   in   monthly 
accounts: 

1.  Cash  paid  for  advertisements  (vouchers  to  be  annexed). 

2.  For  all  clerical  aid  in  preparing  advertisements  and  notices  to  creditors  of  first 
meeting,  mailing  the  same,  and  making  proof  thereof,  keeping  register,  files  and  records, 
and  preparing  tj'pewritten  memoranda  of  proceedings  prior  to  the  first  meeting  of  cred- 
itors, including  stationery,  envelopes,  printing,  letters,  messages,  and  all  petty  expenses, 
$5.00. 

(This  item  may  be  entitled  Clerical  aid,  etc.,  prior  to  first  meeting.) 


746  KULES  IX  SOUTHERN  DISTRICT  OF  NEW  YORK. 

3.  For  similar  clerical  aid  and  other  expenses  as  above  stated,  in  proceedings  upon 
applications  for  discharge,  $5.00. 

4.  If  the  notices  to  creditors  in  the  above  proceedings  exceed  20  in  number,  10  cents 
in  addition  to  the  above,  for  each  notice  in  excess  of  20  up  to  50  additional  notices,  and 
5  cents  for  each  notice  above  70  (the  number  of  creditors  to  be  stated). 

5.  For  office  accommodations  and  for  clerical  aid  in  taking  and  keeping  notes  and 
records  of  proceedings  at  first  meeting  of  creditors  and  thereafter  up  to  choice  or 
appointment  and  qualification  of  trustee,  $2.50. 

6.  Otiier  special  notices  to  creditors  as  required  by  law,  5  cents  per  each  notice 
(the  number  to  be  stated). 

7.  For  clerical  aid  in  filing,  recording,  preserving  and  returning  any  interlocutorj- 
order  made  by  the  Referee,  10  cents. 

8.  For  three  appraisers  in  cases  of  merely  nominal  assets,  i.  e.,  assets  of  apparent 
but  no  real  value  (beyond  the  charge  for  appraisement),  $1  each,  $3.00. 

9.  For  office  accommodations  and  for  clerical  aid  in  taking  and  keeping  notes  and 
records  at  all  meetings  at  which  any  business  is  transacted  (other  tlian  the  first  session 
of  the  first  meeting  of  creditors),  for  each  meeting,  $2.50. 

10.  For  copies  of  orders  or  other  papers  the  person  requesting  and  receiving  such 
copies  shall  pay  10  cents  per  folio. 

In  order  to  insure  similarity  of  practice  in  all  cases,  it  is  directed  that  tlie  above 
charges  shall  be  adhered  to  and  applied  by  all  the  Referees  uniformly,  and  that  no  other 
charges  be  made  without  previous  submission  to  this  Court  and  approval  by  the  Court 
or  a  Judge  thereof.  The  Referee's  certificate  that  the  case  is  closed  shall  be  accom- 
panied by  an  itemized  statement  of  the  sums  deposited  as  indemnity,  the  items  of 
charges  against  the  same  and  the  balance  remaining,  if  any. 

11.  Referees  are  authorized  in  their  discretion  to  require  the  charge  for  adjourned 
meetings  (viz.,  $2.50)  to  be  paid  in  advance  by  the  party  requesting  such  adjournment. 

12.  The  foregoing  provisions  for  clerical  services  and  office  expenses  (i.  e.,  sections 
2,  5  and  'J)  shall  apply  only  to  cases  in  which  there  are  no  assets;  where  there  are 
sufficient  assets  double  said  amounts  shall  be  charged. 

13.  If  there  are  sufficient  assets  in  the  estate,  the  estimated  amount  of  items  1,  2, 
4  and  5  shall  be  paid  out  of  the  estate  directly  to  the  Referee  by  the  receiver  or  trustee 
in  charge  upon  the  Referee's  written  request. 

The  estimated  amount  of  items  1,  3  and  4  shall  in  applications  for  discharge,  be 
paid  by  the  bankrupt  on  filing  his  petition  for  discharge. 

Charges  under  items  Nos.  6-10  inclusive  shall  be  paid  for  out  of  the  estate  on  settle- 
ment of  the  trustee's  accounts.  But  if  in  the  opinion  of  the  Referee  sufficient  funds 
will  not  be  in  the  estate  at  the  time  of  such  settlement,  payment  may  be  required  of 
said  items  from  the  persons  requesting  the  service. 

Instructions  to  Receivers  in  Bankruptcy. 

1.  Receivers  are  required  to  carefully  observe  Bankruptcy  Rule  20,  and  show  the 
necessity  of  counsel  in  applying  for  the  same. 

2.  It  is  ordinarily  the  duty  of  receivers  to  press  for  adjudication,  and  if  petitioning 
creditors  delay  entry  thereof  they  must  report  that  fact  to  the  Court. 

3.  If  in  involuntary  cases  schedules  are  not  filed  within  the  time  allowed  by  law 
(or  any  extension  thereof  by  order),  receivers  must  cause  to  be  made  on  behalf  of  peti- 
tioning creditors  the  schedule  contemplated  by  General  Order  Xo.  IX,  deliver  the  same 
to  a  Referee  designated  by  the  Court,  and  request  said  Referee  to  comply  with  the 
seventh  instruction  to  Referees. 

4.  In  all  cases  it  is  the  dutj'  of  receivers  to  liasten  the  calling  of  the  first  meeting 
of  creditors,  and  any  delay  in  calling  the  same  must  be  reported  to  the  Court. 


RULES   IN  SOUTHERN  DISTRICT   OF   NEW   YORK.         747 

5.  The  fees  of  Special  Commissioners  vmder  section  21-a  are  fixed  as  follows,  viz.: 
For  each  hearing  or  adjournment,  $2,  and  for  each  folio  of  testimony  taken,  five  cents 
additional.  Receivers  are  authorized  to  pay  Commissioners'  fees  on  this  basis,  and  if 
tlie  estate  shall  have  passed  into  the  hands  of  a  trustee  before  such  fees  are  fixed,  then 
trustees  are  authorized  to  pay  same.  (Added  October  4,  1912,  applying  to  all  exami- 
nations commenced  on  or  after  October  7,  1912.) 

6.  Receivers  are  required  to  file  their  reports  and  accounts  within  twenty  days 
after  the  election  of  the  Trustee,  unless  the  time  be  extended  by  the  Court  upon  appli- 
cation o*  the  Receiver  showing  sufficient  reason  for  such  extension,  and  Referees  are 
required  to  enforce  this  rule.      (Added  February  1,  1913.) 

LIST   OF   DEPOSITORIES  IN  BANKRUPTCY. 
New  York  County. 
Bankers  Trust  Company,  January  29,  1904. 
Citizens'  Central  National  Bank,  March  14,  1904. 
New  York  Trust  Company,  November  11,  1907. 
American  Exchange  National  Bank,  November  12,  1907. 
Seaboard  National  Bank,  November  13,  1907. 
Central  Trust  Company,  November  12,  1908. 
United  States  Trust  Company,  November  12,  1908. 
Merchants'  National  Bank,  March  26,  1909. 
National  Park  Bank  of  New  York,  March  S,  1910. 
Guaranty  Trust  Co.  of  New  York,  March  9,  1910. 
United  States  Mortgage  &  Trust  Co.,  April  25,  1910. 
Lawyers'  Title  Insurance  &  Trust  Co.,  June  13,  1910. 
Equitable  Trust  Company  of  New  York,  March  6,  1912. 
Empire  Trust  Company,  April  16,  1914. 
Broadway  Trust  Company,  April  16,  1914. 
Columbia  Trust  Company,  April  18,  1914. 
Metropolitan  Bank,  April  20,  1914. 
Cliatham  &  Phenix  Natl.  Bank,  April  20,  1914. 
Metropolitan  Trust  Company,  April  24,  1914. 
Irving  Natl.  Bank,  April  28,  1914. 
The  Union  Trust  Company,  May  1,  1914. 
The  Farmers'  Loan  and  Trust  Company,  May  28,  1914. 
Title  Guarantee  &  Trust  Co.,  May  29,  1914. 
The  Corn  Exchange  Bank,  October  29,  1914. 

Mechanics  &  Metals  National  Bank  of  the  City  of  New  York,  March  24,  1915. 
Astor  Trust  Company,  June  22,  1915. 

Westchester  County. 
The  Mutual  Trust  Company  of  Westchester  County,  Port  Chester,  March  26,  1908. 
The  Westchester  Trust  Company,  Yonkers,  December  13,  1908. 

Putnam  County. 
The  Putnam  County  National  Bank,  Carmel,  December  13,  1898. 

Dutchess  County. 
Poughkeepsie  Trust  Co.,  June  18,  1914. 

Columbia  County. 
The  National  Hudson  River  Bank  of  Hudson,  December  13,  1898. 


748    RULES   IN   SOUTHERN   DISTRICT    OF   NEW   YORK. 

Greene  County. 
Tlie  Catskill  Xational  Bank,  Catskill,  October  6,  1905. 

Ulster   County. 
The  First  Xational  Bank  of  Eondout,  December   13.  1S9S. 

Orange  County. 

llie  Quassaick  Xational  Bank,  Xewburgli,  December  13,  1S9S. 

Rockland  County. 
Tlie  Xyack  Xational  Bank. 

LIST  OF  AUTHORIZED  SURETY  COMPANIES. 

Pacific  Coast  Casualty  Comj^any,  San  Francisco. 

Illinois  Surety  Company,  Cliicago. 

American  Bonding  Company  of  Baltimore. 

Fidelity  &  Deposit  Company  of  Maryland,  Baltimore. 

jNIaryland  Casualty  Company,  Baltimore. 

United  States  Fidelity  and  Guaranty  Company,  Baltimore. 

Massachusetts   Bonding-   and   Insurance  Company,   Boston. 

International  Fidelity  Insurance  Company,  Jersey  City,  X.  J. 

American  Surety  Company  of  Xew  York. 

Tlie  Fidelity  and  Casualty  Company  of  Xew  York. 

Xational   Surety  Company,  Xew  York. 

United  States  Guarantee  Company,  Xew  York.  ; 

The  Title  Guaranty  and  Surety  Company,  Scranton,  Pa. 

American  Fidelity  Company,   ^Nfontpelier,  Vermont. 

Soutliwestern   Surety  Insurance  Company,  Denison,  Texas. 

Equitable  Surety  Company,  St.  Louis. 

Xew  England  Equitable  Insurance  Company,  Boston. 

Southern  Surety  Company,  St.  Louis,  Mo. 

The  iEtna  Accident  and  Liability  Company,  Hartford.  Conn. 

Globe  Indemnity  Company,  Xew  York. 

Casualty  Company  of  America,  Xew  York. 

Royal  Indemnity  Company,  Xew  York. 

Chicago  Bonding  and  Surety  Co.,  Chicago. 

Hartford  Accident   and  Indemnity  Company.   Hartford.   Conn. 

Xew   Amsterdam   Casualty  Company,   Xew  York. 

Pennsyh-ania  Surety  Company,  Harrisburg. 

American   Indemnity   Company.  Galveston. 

London  &  Lancashire  Indemnity  Company  of  America,  Xew  York. 

The  Bankruptcy  Rules  are  amended  by  the  addition  of  the  following  rules: 

24.  Receivers,  When  to  Continue  Business  —  The  order  appointing  a  receiver 
may  authorize  him  to  continue  the  business  for  a  period  of  not  more  than  five  days, 
in  which  case  he  shall  within  such  period  inquire  into  the  propriety  of  its  further 
continuance  and  submit  to  the  court  a  report  on  such  inquiry  with  his  recommenda- 
tion thereon.  Upon  such  report  the  court  may  authorize  a  further  continuance  of 
the  business  for  a  fixed  period.  The  continuance  of  the  business  for  the  provisional 
period  of  five  days  shall  not  entitle  the  receiver  to  more  than  a  single  commission, 
except  upon  special  direction  of  the  court.     Dated  October  24,  1916. 

The  "  Instructions  to  Referees  in  Bankruptcy "  are  hereby  amended  by  the 
addition  of  the  following  article: 

12.  In  reporting  upon  receivers'  and  trustees'  accounts,  where  the  petitioner  has 
conducted  business,  the  referee  shall  state  the  length  of  time  during  which  the  busi- 
ness  has  been   conducted,   a  general    description  of  the   business,    its   gross  volume 
during  the  period  of  its  conduct,  and  the  net  result  in  profit  or  loss  to  the  estate. 
Dated  October  24,  1916. 

The  second  "  Instructions  to  Referees  in  Bankruptcy  "  shall  be  amended  so  as  to 
read  as  follows: 

2.  All  hearings  before  referees  on  references  after  adjudication,  except  hearings 
on  discharges  and  compositions,  shall  be  treated  as  part  of  the  general  administra- 
tion of  the  estate,  and  not  as  references  to   special  masters. 

Referees  will  annex  to  all  reports  as  special  masters  a  certificate  showing  the 
dates  on  which  hearings  were  held,  or  consideration  given  to  the  cause,  and  the 
total  number  of  days  so  occupied.  The  court  will  calculate  allowances  to  special 
masters  upon  such  certificates  at  the  rate  of  $5  for  each  day,  unless  application  is 
made  for  a  higher  amount. 

By  order  of  the  court.     Date<l  October  25,  1916. 


NORTHERN   DISTRICT  OF  NEW   YORK. 


RULE  I. 

Sessions  of  District  Court. 

Except  during  the  absence  or  inability  of  the  District  Judge,  the  District  Court 
•will  be  open  for  the  transaction  of  business  as  a  Court  of  Bankruptcy  on  the  first  and 
third  Tuesdays  of  every  month  at  the  chambers  of  the  Judge  in  Xorwich,  N.  Y.,  at  ten 
o'clock  in  the  forenoon,  except  diu-ing  the  months  of  July  and  August  and  when  the 
Judge  is  holding  a  term  elsewhere.  Xo  contested  case  or  matter  in  bankruptcy  will,  in 
ordinary  circumstances,  be  taken  up  on  other  days.  In  case  of  the  non-attendance  of 
the  Judge  at  the  time  hereby  appointed,  or  at  any  other  time  which  may  by  special 
order  be  designated  for  anj'  Special  Session  of  the  Court,  all  proceedings  shall  be  con- 
tinued, as  of  coiu"se  and  without  prejudice,  to  the  next  session  of  the  Court. 

The  District  Ciurt  will  also  be  open  for  the  transaction  of  business  as  a  Court  of 
Bankruptcy  on  the  first  days  of  the  regular  terms  appointed  to  be  held  at  Albany  on 
the  second  Tuesday  in  February,  at  Syracuse  on  the  first  Tuesday  in  April,  at  Bing- 
hamton  on  the  second  Tuesdaj'  in  June,  at  Auburn  on  the  first  Tuesday  in  October,  and 
at  Utica  on  the  fir^t  Tuesday  in  December. 

RULE  II. 
Notice  of  Motions  and  Other  Hearings. 
^Motions  must  be  noticed  and  orders  to  show  cause  must  be  made  returnable  on 
Tuesdays  and  at  tlie  times  and  places  indicated  in  the  preceding  rule.  If  noticed  for 
any  other  day,  except  by  leave  of  the  Judge,  the  notice  will  be  treated  as  a  nullity. 
Xotice  of  motion,  if  personally  served,  must  be  served  at  least  eight  days,  and,  if  served 
by  mail,  at  least  ten  days,  before  the  time  appointed  for  the  hearing.  The  Judge  or 
Referee  may,  upon  an  affidavit  showing  grounds  therefor,  make  an  order  to  show  cause 
why  the  relief  demanded  should  not  be  granted  and  in  the  order  may  direct  that  service 
of  less  than  eight  days  shall  be  sufficient.  When  not  otherwise  specially  provided  for 
by  law,  all  notices  of  other  hearings  and  proceedings  in  bankruptcy  shall  conform  to  the 
foregoing  provisions  as  to  notices  of  motion. 

RULE  III. 
Proceedings  in  Counties  Where  There  is  no  Referee  or  Newspaper. 
In  case  a  petition  is  filed  by  or  against  a  bankrupt  who  resides  in  any  county 
where  there  is  a  vacancy  in  the  office  of  referee  or  where  the  referee  is  disqualified, 
absent,  sick  or  otherwise  unable  to  act,  the  reference  shall  be  made  to  the  referee  who 
is  most  conveniently  located  to  the  bankrupt's  residence.  In  case  a  petition  is  filed  by 
or  against  a  bankrupt  who  resides  in  a  county  where  there  is  no  designated  newspaper, 
or  where  the  designated  newspaper  for  any  reason  refuses  to  act,  the  notices  required 
by  law  may  be  published  in  a  newspaper  named  by  the  parties  in  interest  published  in 
the  county  where  the  bankrupt  resides,  or  the  major  part  of  his  property  is  situated. 

RULE  IV. 

Filing  Petition;  Deposit  of  Fees. 
All  petitions  shall  be  filed  with  the  Clerk  at  his  office  in  Utica.     At  the  time  of 
^filing  a  petition  thirty  dollars  shall  be  paid  to  tlie  Clerk  by  the  petitioner,  except  in 

[749] 


750  EULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK. 

cases  where  a  fee  is  not  required  from  a  voluntary  bankrupt;  being  ten  dollars  for  the 
Clerk,  fifteen  dollars  for  the  Referee  and  five  dollars  for  the  Trustee.  In  case  the  peti- 
tion is  dismissed  it  shall  be  the  duty  of  the  Clerk  fortliwith  to  return  to  the  petitioner 
the  amount  deposited  for  the  fees  of  the  Referee  and  Trustee,  respectively.  Voluntary 
petitions  must  be  filed  in  triplicate  and  involuntary  petitions  in  duplicate.  When  the 
Judge  is  absent  from  the  District  it  shall  be  the  duty  of  the  Clerk  to  enter  an  order  as 
provided  in  form  No.  15,  reciting  the  absence  of  the  Judge,  and  referring  the  case  to  the 
proper  Referee.  When  the  Judge  is  present  a  Court  order  shall  be  entered  as  provided 
in  form  No.  14.  Fees  deposited  by  the  petitioner  in  an  involuntary  case  must  be 
returned  to  him  by  the  trustee  out  of  the  estate  of  the  bankrupt  in  all  cases  where  prop- 
erty suflicient  for  such  purpose  comes  to  the  hands  of  the  trustee. 

RULE  V. 
Petition  in  Forma  Pauperis. 
In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt  which  is  accompanied 
by  an  affidavit  under  subdivision  2  of  section  51  of  the  act,  it  shall  be  the  duty  of  the 
Clerk  to  file  said  petition  without  the  payment  of  the  fees  provided  for  by  law.  If  the 
Clerk,  or  the  Referee  to  whom  said  petition  is  refeiTed,  has  reason  to  believe  such 
affidavit  is  false,  he  may  file  a  certificate  to  that  effect  and  cause  the'  bankrupt  to  be 
examined.  If  upon  such  examination  the  Referee  reports  in  writing  tliat  the  statements 
contained  in  such  affidavit  are  false,  and  that  the  bankrupt  has  or  can  obtain  money 
with  which  to  pay  said  fees,  such  report  shall  be  sufficient  proof  upon  which  to  base 
proceedings  under  subdivision  4  of  Ceneral  Order  No.  XXXV. 

RULE  VI. 
Referees  to  Fix  Time  and  Place  of  Hearings. 

The  Clerk  shall  mail  a  copy  of  the  order  of  reference  to  the  Referee,  and  thereafter 
all  proceedings,  except  such  as  are  required  by  the  act,  or  by  the  general  orders,  to  be 
had  before  the  Judge,  shall  be  had  before  the  Referee,  wiio  shall  fix  the  time  when  and 
the  place  where  he  will  act  upon  the  matters  arising  in  the  case;  except  that  all  meet- 
ings of  creditors  must  be  held  in  the  county  of  the  bankrupt  either  at  the  county  seat 
or  at  a  place  more  convenient  for  the  parties  in  interest.  If  the  Referee  cannot  attend 
on  the  day  named  in  the  order  of  reference  he  may  name  a  subsequent  day  Avithin  ten 
days  thereafter,  and  give  the  bankrupt  timely  notice  of  the  change;  but  the  day  first 
named  shall  be  the  day  from  Avhicli  the  bankrupt  shall  be  subject  to  the  orders  of  the 
Court  as  provided  in  General  Order  No.  XII. 

If  the  place  named  in  the  order  of  reference  be  manifestly  inconvenient  as  a  place 
of  meeting  for  the  parties  in  interest,  the  Referee  may  fix  a  more  convenient  place  and 
give  the  bankrupt  timely  notice  of  the  change. 

RULE  VII. 
Involuntary  Petition  —  Notice  to  Debtor  —  Reference  on  Default. 

Where  an  involuntary  petition  is  filed  in  conformity  with  law  it  shall  be  the  duty 
of  the  Clerk  to  enter  an  order  to  show  cause  and  issue  a  subpoena,  as  provided  in  forms 
No.  4  and  No.  5,  respectively,  stating  the  time  and  place  when  tlie  debtor  is  to  appear. 
There  shall  be  indorsed  upon  the  subpoena  the  following: 

"  Notice  to  defendant.  It  is  not  necessary  for  you  to  appear  on  the  return  day  of 
this  subpcena.  You  may  appear  and  plead  to  the  petition  at  any  time  witliin  five  days 
after  said  return  day." 

In  case  no  pleadings  are  filed  by  the  bankrupt  or  any  of  his  creditors  the  Judge, 
or,  in  his  absence,  the  Clerk,  will  enter  the  proper  order  without  further  appearance  or 
motion  on  the  part  of  the  petitioner. 


EULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK.  751 

RULE  VIII. 
Pleadings  in  Involuntary  Cases  —  Trial  by  Jury. 

Prior  to  the  denial  of  bankruptcy  as  provided  in  form  No.  6,  the  pleadings  in  invol- 
untary cases  on  the  part  of  the  alleged  bankrupt,  or  any  of  his  creditors  who  oppose 
the  adjudication,  shall  conform  as  nearly  as  may  be  to  the  pleadings  of  the  defendant 
in  an  equity  action  in  the  Circuit  Court  of  the  United  States. 

In  case  a  jury  trial  is  demanded,  as  jirovided  by  section  19  of  the  act,  the  Clerk 
shall  enter  an  order  as  provided  in  form  Xo.  7,  and  the  issue  may  be  noticed  for  trial 
at  any  of  the  regular  terms  of  the  District  Court  and  shall  proceed  in  all  respects  like 
the  trial  of  any  action  at  common  law,  except  that  the  Court  may  frame  and  send  to 
the  jury  special  questions  presenting  the  issues  to  be  tried.  Upon  the  coming  in  of  the 
verdict  the  Judge  may,  in  accordance  therewith,  make  an  adjudication  either  that  the 
debtor  is  or  is  not  a  bankrupt.  In  case  a  jury  trial  is  not  demanded  the  Judge  may 
determine  the  issues  presented  by  the  pleadings  or  he  may  refer  the  same,  or  any 
specified  issue,  to  a  special  master  to  ascertain  and  report  the  facts,  and  the  master 
shall  report  the  evidence  with  findings  of  fact  and  conclusions  of  law  separately  stated. 

Except  in  jury  trials  causes  cannot  be  noticed  for  proof  and  witnesses  cannot  be 
called  and  sworn  in  open  Court  without  the  previous  special  allowances  of  the  Judge, 
on  adequate  cause  shown. 

RULE  IX. 
Dismissal  of  Petition. 

In  all  cases  of  application  for  the  dismissal  of  a  petition,  the  bankrupt  shall  file  a 
list  under  oath  of  all  liis  creditors,  witli  their  addresses,  and  thereiipon  ten  days'  notice 
by  mail  and  by  publication  once  at  least  ten  days  prior  to  the  hearing  of  the  application, 
shall  be  given  to  all  creditors  of  the  pendency  of  such  application  and  of  the  time  and 
place  of  the  hearing  thereon. 

RULE  X. 
Discharge  and  Composition  —  Petition  and  Report  of  Referee. 

The  petition  for  a  discharge  or  for  a  confirmation  of  a  composition  must  be  duly 
verified  and  be  filed  with  the  clerk.  The  petition  for  a  discharge  must  conform  to  the 
provisions  of  General  Order  Xo.  XXXI,  and  of  form  Xo.  57.  There  must  also  be  pre- 
sented at  some  time  before  the  final  discharge  is  granted  a  report  or  certificate  of  the 
Referee  that  the  bankrupt  has  in  all  things  conformed  to  the  requirements  of  the  act, 
that  he  has  committed  none  of  the  offenses  and  done  none  of  the  acts  prohibited  in 
subdivision  b  of  section  14  of  the  act,  and  that  he  is,  in  the  opinion  of  the  Referee,  enti- 
tled to  his  discharge. 

Proof  of  mailing  and  publication,  as  provided  in  the  next  succeeding  rule,  shall 
be  sent  by  the  Referee  to  the  Cleric  at  Utica,  X.  Y.,  at  least  two  days  prior  to  the 
hearing,  and  the  Clerk  shall  present  tlie  same  to  the  Court  at  the  hearing. 

RULE  XI. 
Discharge  Order  to  Show  Cause  —  Opposition  of  Creditors. 
The  order  to  show  cause  why  a  discharge  should  not  be  granted  or  a  composition 
confirmed  may  be  entered  by  the  Clerk  or  the  Deputy  Clerk.  It  must  state  the  time 
and  place  of  the  hearing  and  direct  that  the  Referee  give  notice  as  provided  in  section 
58  of  the  act  to  all  known  creditors  and  other  persons  in  interest.  The  notice  must  be 
mailed  and  published  once,  at  least  ten  days  prior  to  said  hearing,  except  that  in  cases 
commenced  after  June  25,  1910,  there  shall  be  thirty  days'  notice  by  mail,  and  publica- 
tion of  all  applications  for  the  discharge  of  bankrupts.  Proof  of  mailing  and  publication 
must  be  presented  on  the  return  day  of  the  order.  If  no  creditor  or  other  party  in 
interest  appears  and  opposes,  the  discharge  shall  be  granted.  In  case  a  creditor  or  other 
party  in  interest  desires  to  oppose  the  granting  of  the  discharge  he  shall  appear  on  the 


752  RULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK. 

return  day  and  file  a  verified  specification  of  tlie  grounds  of  his  opposition,  as  provided 
in  General  Order  Xo.  XXXII.  The  issue  thus  joined  may  be  referred  to  the  referee  to 
ascertain  and  report  the  facts  with  his  conclusions  thereon.  Either  party  may  except 
to  said  report  and  the  exceptions  may  be  heard  by  the  Judge  on  any  Court  day  upon 
the  usual  notice.  The  petitioner  may,  within  five  days  from  the  service  of  a  copy  of  the 
order  of  reference,  and  on  giving  at  least  eight  days'  notice  personally  or  by  mail  to 
the  objecting  creditor,  move  the  Court  or  Judge  at  term  or  in  Chambers,  to  have  the 
specifications  of  objections  to  the  discharge  or  the  confirmation  of  the  composition  made 
more  certain  and  definite  or  Avithin  such  time  may  demur  thereto  or  move  their  dis- 
missal; in  default  whereof  such  specifications  shall  be  deemed  sufficient  to  present  the 
questions  suggested  thereby.  Such  notice  of  motion  or  demurrer  shall  also  specify  the 
grounds  of  objection. 

RULE  XII. 

Pleadings  Written  on  Legal  Cap  and  Indorsed. 
All  petitions,  schedules  and  pleadings  shall  be  written,  typewritten,  or  printed 
upon  wliite  paper  of  the  size  of  legal  cap  —  approximately  thirteen  inches  long  by  eight 
inches  wide.  All  pleadings  must  be  properly  indorsed  with  the  name  of  the  Court,  the 
title  of  the  cause,  and,  if  the  parties  appear  by  an  attorney,  his  name  and  oflice  address. 
If  the  attorney  resides  in  a  city,  the  street  and  number  must  be  given. 

RULE  XIII. 

Notices  and  How  Served. 
All  notices  required  to  be  given  under  section  58  of  the  act  shall,  in  case  the 
Referee  so  directs,  be  given  by  the  bankrupt  or  his  attorney  in  involuntary  cases  and 
by  the  petitioner  or  his  attorney  in  involuntary  cases,  and  when  so  given  the  person 
giving  the  notice  shall  make  return  to  the  Referee  in  the  form  of  an  afiidavit  with  the 
notice,  or  a  copy  thereof,  annexed,  showing  due  mailing  or  publication  of  said  notice  as 
required  by  law.  The  affidavits  of  mailing  and  of  publication  may  be  sworn  to  or 
afiirnied  before  any  officer  authorized  to  administer  oaths  under  section  20  of  the  act. 
Xotice  to  creditors  of  meetings  subsequent  to  the  first,  in  cases  where  there  are  undi- 
vided assets,  shall  be  the  same  as  the  notice  provided  for  the  first  meeting  in  section  58- 
of  the  act.  In  cases  where  there  are  no  assets,  the  Referee  may,  in  his  discretion,  dis- 
pense with  the  publication  of  such  notice.  The  original  notice  shall  be  signed  by  the 
Referee.  It  shall  be  printed  upon  or  inclosed  within  a  sealed  post-paid  wrapper  in 
such  a  manner  that  the  address  and  postmark  shall,  if  possible,  be  on  the  same  paper 
as  the  notice,  or,  in  the  discretion  of  the  Referee,  said  notice  may  be  printed  upon  a 
postal  card  or  other  card.  It  is  not  intended  by  this  rule  to  prohibit  the  use  of  "  official 
envelopes." 

RULE  XIV. 

Sales  of  Bankrupt's  Property. 
Public  sales  of  real  estate  of  bankrupts  by  Trustees  in  Bankruptcy  shall  be  upon 
such  notice  as  to  time  as  the  Referee  directing  the  sale  shall  direct  but  such  notice  must 
bo  in  all  cases  published  and  served  on  all  creditors  and  persons  in  occupation  of  tlie 
premises  either  personally  or  by  mail  at  least  ten  days  2)rior  to  such  sale.  (Amended, 
1913.) 

RULE  XV. 

List  of  Claims  and  Accounts  Transmitted  to  Clerk, 
General  Order  Xo.  XXIV  shall  not  be  construed  to  require  the  Referee  to  transmit 

to  the  Clerk  a  separate  statement  of  each  proof  of  debt,  but  only  that  he  shall  transmit 

a  list  of  the  claims  proved  after  he  has  reason  to  believe  that  all  the  claims  have  been 

proved  against  the  estate  that  will  be  presented. 

General  Order  No,  XXVI  shall  not  be  construed  to  require  the  Referee  to  transmit 

to  the  Clerk  a  separate  account  of  each  case  which  may  be  referred  to  him,  but  only  a 


RULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK.  753 

statement  of  his  disbursements  in  all  cases  and  for  all  causes  since  his  last  monthly 
return. 

RULE  XVI. 

Clerk  to  Transmit  Papers  to  the  Referee. 
The  Clerk  shall  transmit  all  proofs  of  claims,  and  other  papers  filed  with  him  under 
General  Order  No.  XX,  subsequent  to  the  reference,  to  the  referee,  excpt  such  papers 
which,  by  the  terms  of  said  General  Order,  are  required  to  be  filed  with  the  Clerk  alone. 

RULE  XVII. 
Filing  of  Returns,  Reports,  Adjudications,  Bonds,  etc. 

All  returns  and  reports  from  referees  or  other  officers  of  the  Court  shall  be  directed 
to  the  Clerk  of  the  Court  at  Utica,  X.  Y.,  and  all  returns  and  reports  which  by  law  or 
the  general  orders  are  required  to  be  made  to  the  Judge,  shall  be  directed  to  him  in 
care  of  the  Clerk  at  Utica,  N.  Y. 

It  shall  be  the  duty  of  the  Referee  to  transmit  to  the  Clerk  forthwith  all  adjvidica- 
tions  made  during  the  absence  of  the  Judge,  and  all  bonds  of  trustees  and  the  orders 
approving  the  same  within  five  days  of  the  approval  thereof.  The  Referee  shall  retain 
in  his  possession  the  papers  and  records  until  said  case  is  finally  closed.  He  shall  then, 
within  five  days,  transmit  his  record  book  and  all  papers  in  the  case  to  the  Clerk, 
together  with  a  certificate  specifying  that  the  case  is  closed. 

RULE  XVIII. 
Fees  of  Clerk,  Referee  and  Trustee,  When  Paid. 

The  trustee's  fee  of  five  dollars  deposited  with  the  Clerk  shall  be  paid  to  the  trustee 
upon  the  certificate  of  the  Referee  that  the  services  of  the  Trustee  have  been  actually 
rendered  and  that  the  case  has  been  closed.  He  shall  be  paid  such  commissions  as  may 
be  allowed  by  tlie  Referee  under  section  48  of  the  act  as  amended  upon  the  order  of  the 
Referee  at  the  time  the  dividend  is  made.  The  Referee  shall  be  paid  his  commissions  at 
the  same  time.  In  case  no  trustee  is  appointed,  as  provided  in  General  Order  No.  XV, 
the  Clerk  shall,  upon  the  certificate  of  the  Referee,  return  the  five  dollar  deposit  to  the 
petitioner. 

The  Clerk  shall  pay  to  the  Referee  the  fifteen  dollars  deposited  as  fees  of  the 
Referee  upon  receiving  the  latter's  certificate  that  the  case  has  been  closed  and  that  his 
services  have  been  rendered.  Where  there  are  no  assets  the  case  shall  be  deemed  closed 
for  the  purpose  of  the  pajniient  of  said  fees  to  the  Referee  and  trustee  when  a  discharge 
has  been  granted  or  refvised  to  the  bankrupt.  If  no  application  for  a  discharge  has 
been  made  the  case  shall  be  deemed  closed  at  the  expiration  of  two  months  from  the 
date  of  the  adjudication.  In  cases  where  there  are  assets  the  case  shall  be  deemed 
closed  upon  the  -confirmation  of  a  composition  or  the  payment  of  the  final  dividend. 

RULE  XIX. 
Money  Drawn  by  Countersigned  Checks. 
T\Tien  money  is  deposited  in  the  name  of  the  Clerk  of  the  Court,  or  of  a  Trustee, 
it  shall  not  be  drawn  unless  by  check  signed  by  said  Clerk  or  Trustee,  having  on  its 
face  the  number  and  title  of  the  cause  and  countersigned  by  the  Referee  in  charge.  All 
checks  must  conform  to  this  rule  and  also  to  the  requirements  of  General  Order  No. 
XXIX.  The  Clerk  shall  furnish  to  the  depositories  a  copy  of  said  general  order  and 
also  a  copy  of  this  rule. 

RULE  XX. 
Referees  to  Direct  Prosecution  and  Defense  of  Suits  and  Allow  Amendments. 
The  Referee  may  direct  the  prosecution  and  the  defense  of  suits  by  the  trustee  as 
provided  in  subdivisions  c  and  d  of  section  11  of  the  act.     He  may  allow  amendments 


754  RULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK. 

to  the  pleadings  and  papers  which  do  not  involve  jurisdictional  defects  in  all  matters 
pending  before  him,  and  he  shall,  in  the  first  instance,  have  full  power  and  authority 
over  the  proof  and  allowance  of  claims  as  provided  by  section  57  of  the  act  and  General 
Order  Xo.  XXI.  When  a  petition  referred  to  a  Referee  is  insufficient  upon  its  face  to 
confer  jurisdiction  he  shall  return  the  same  to  the  Clerk  with  a  statement  of  the  defects 
noted  thereon,  and  no  further  proceedings  shall  be  had  thereon  until  a  new  or  amended 
petition  remedying  such  defects  is  filed  with  the  Clerk. 

The  Referee  may,  upon  his  own  motion,  direct  that  the  schedules  be  made  more 
definite  and  certain  by  requiring  the  street  and  number  to  be  given  where  a  creditor 
resides  in  a  city,  and  the  Referee  may  direct  that  the  bankrupt  furnish  any  other  infor- 
mation regarding  his  property  or  his  creditors  which  the  Referee  may  deem  essential, 

RULE  XXI. 
Referees  to  Grant  Stays. 
When  a  motion  for  an  injunction  is  pending  or  is  about  to  be  made  the  Referee 
may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt,  or  otherwise,  grant  a 
temporary  restraining  order  staying  proceedings  until  the  liearing  and  decision  of  said 
motion.  In  case  all  parties  in  interest  agree  that  said  motion  be  heard  by  tlie  Referee 
in  charge,  they  may  file  Avith  the  Referee  a  written  stipulation  to  that  effect.  The 
decision  of  the  Referee  on  such  motion  shall  be  filed  with  the  Clerk,  and  if  the  Referee 
decides  that  an  injunction  shall  issue,  an  order  to  that  effect  may  be  made  by  the  Judge. 

RULE  XXII. 

Referees  May  Pass  upon  Relevancy  of  Testimony  and  Confine  Examinations  Within 

Reasonable  Limits. 
Referees  may  pass  upon  the  competency,  materiality  and  relevancy  of  evidence  in 
matters  properly  before  them  for  investigation,  and  shall  have  all  the  powers  of  the 
Judge  concerning  the  admission  or  rejection  thereof,  and  shall  note  on  the  record  all 
objections,  the  rulings  thereon  and  the  exceptions  which  may  be  taken;  and  in  cases 
where  testimony  is  excluded  they  shall  note  a  brief  statement  by  the  party  offering 
the  same  of  the  facts  he  expects  to  prove  thereby.  Referees  shall  limit  the  inquiry 
before  them  to  relevant  and  material  matters,  and  in  case  an  examination  or  a  cross- 
examination  is  unnecessarily  prolix,  or  improperly  prolonged,  the  Referee  may,  in  his 
discretion,  limit  the  time  of  such  examination;  or  he  may  impose  costs,  including  the 
fees  of  the  stenographer  and  other  expenses,  upon  the  party  responsible  for  the  improper 
prolongation. 

RULE  XXIII. 

Hearing  of  Question  Certified  by  Referee. 
After  a  question  has  been  certified  by  the  Referee  pursuant  to  General  Order  Xo. 
XXVII,  and  as  provided  in  form  Xo.  56,  the  papers  shall  be  filed  with  the  Clerk  and 
the  luaring  may  be  brought  on  before  the  Judge  upon  any  Court  day  by  either  party 
by  giving  the  usual  notice  provided  in  Rule  II  of  this  Court. 

RULE  XXIV. 
Claims  Need  Not  be  Approved  Where  There  are  No  Assets. 
In  cases  which  show-  no  assets  the  Referee  need  not  formally  approve  or  disallow- 
any  claims  filed  with  him,  except  on  special  request  or  motion,  but  such  claims  shall  be 
returned  with  the  papers  to  the  Clerk  at  the  conclusion  of  the  case.  If,  in  such  a  case, 
assets  sufficient  to  pay  a  dividend  are  discovered  by  the  Trustee,  such  claims  shall  be 
allowed,  continued  or  disallowed  liy  the  Referee  at  the  first  meeting  of  creditors  after 
it  is  determined  that  such  estate  will  pay  a  dividend. 


RULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK.         755 

RULE  XXV. 

Referees  May  Make  Rules  in  Proceedings  Before  Them. 

Referees  may  make  other  general  or  special  rules  for  the  guidance  of  proceedings 

before  them  within  their  respective  territorial  jurisdictions,  and  may  from  time  to  time 

alter  and  amend  the  same,  provided  that  such  rules  shall  not  be  inconsistent  with  the 

provisions  of  the  act,  with  the  general  orders  of  the  Supreme  Court  or  with  these  rules. 

RULE  XXVI. 
Powers  Delegated  to  Referees. 
The  referees  heretofore  or  hereafter  appointed  for  the  northern  district  of  New 
York  are  hereby,  respectively,  vested  with  the  jurisdiction  which,  by  the  Bankruptcy 
Act  of  July  1,  1898,  and  the  general  order  of  the  Supreme  Court,  promulgated  at  the 
October  Term  of  1898,  the  Court  or  Judge  may  delegate  to  or  confer  upon  said  referees; 
and  they  are,  respectively,  empowered  and  authorized  to  do  all  acts,  take  all  proceed- 
ings, make  all  orders  and  decrees,  and  perform  all  duties  so  authorized  to  be  delegated 
by  said  act,  and  said  general  orders,  without  special  authority  in  each  case  and  under 
the  general  authority  conferred  by  this  order. 

RULE  XXVII. 

Special  Order  of  Judge. 

In  cases  not  provided  for  by  the  Bankruptcy  Act  of  1898,  the  general  orders,  or 

these  rules,  the  practice  of  the  District  Court  shall  be  subject  to  tlie  special  order  of 

the  District  Judge,  which  order  shall  be  followed  even  though  it  may  conflict  witli  these 

rules. 

RULE  XXVIII. 

Rules  Under  Act  of  1867,  When  Applicable. 
The  rules  adopted  by  this  Court  under  the  act  of  1867,  where  they  are  not  incon- 
sistent with  these  rules,  tlie  provisions  of  the  act  of  1898,  and  the  general  orders  of 
the  Supreme  Court,  shall  be  followed  as  far  as  applicable. 

RULE  XXIX. 
Revocation  of  Former  Rules. 
The  order,  dated  July  29,  1898,  conforming  the  practice  under  the  Bankruptcy  Act 
of  1898  to  the  practice  under  the  Bankruptcy  Act  of  1867,  the  order  of  the  same  date 
regulating  the  practice  in  counties  where  a  Referee  had  not  been  appointed  or  a  news- 
paper designated,  and  the  order  of  October  10,  1898,  fixing  the  times  for  holding  special 
sessions  of  the  Court  are,  and  each  of  them  is,  hereby  vacated. 

RULE  XXX. 
Fees  of  Referee  as  Special  Master. 

The  issues  under  Rules  VIII  and  XI  shall  be  referred  to  the  Referee  as  a  special 
master,  and  he  shall  be  entitled  to  receive  for  his  services  five  dollars  for  each  day 
actually  spent  in  hearing  such  reference  and  preparing  his  report.  Such  sum  shall  be 
chargeable  in  the  first  instance  to  the  party  opposing  the  adjudication,  discharge  or  com- 
j)osition,  respectively,  and  indemnity  may  be  demanded  by  the  Referee  before  proceed- 
ing with  the  hearing.  In  case  the  petition  in  an  involimtary  proceeding  be  dismissed 
with  costs  such  sum  may  be  taxed  against  the  petitioning  creditors. 

If  a  composition  is  not  confirmed  or  is  set  aside  such  sum  may,  in  the  discretion 
of  the  Court,  be  ordered  paid  by  the  trustee. 

In  other  cases  when  matters  are  referred  to  the  Referee  as  a  special  master,  requir- 
ing services  not  devolving  upon  him,  by  virtue  of  his  office,  he  shall  receive  a  like  com- 
pensation which  shall  be  chargeable  in  the  first  instance  to  the  party  bringing  on  the 


756        RULES  IN  NORTHERN  DISTRICT  OF  NEW  YORK. 

reference  and  shall  be  paid  by  the  party  ultimately  defeated  in  such  reference.  Should 
such  reference,  in  the  cases  last  referred  to,  be  unusually  difficult  or  extraordinary,  a 
higher  rate  of  compensation  may  be  paid  if  stipulated  by  both  parties  and  sanctioned 
by  the  Judge. 

RULE  XXXI. 

Referees  Not  to  Appoint  Receivers,  etc. 
Referees  in  bankruptcy  in  this  district  will  not  appoint  receivers  or  exercise  juris- 
diction over  or  make  orders  for  the  direction  of  receivers  appointed  by  the  Court,  nor 
will  they  in  any  case  make  an  order  relating  to  the  disposition  of  the  property  in  the 
hands  of  such  receivers,  or  in  relation  to  the  accounts  of  such  receivers  unless  by  special 
order  of  the  Judge.  All  such  matters  must  be  brought  to  the  attention  of  the  Court 
appointing  the  receiver. 

RULE  XXXII. 

Confirmation  of  Composition. 

In  all  cases  of  composition,  the  ap])lieation  for  confirmation  with  notice  and  proofs 
of  service  must  be  accompanied  by  a  report  from  the  Referee,  the  offer  and  acceptances, 
and  the  certificate  of  the  depository,  setting  forth  the  date  when  the  petition  was  filed, 
the  amount  and  place  of  deposit,  the  names  of  all  the  creditors  whose  claims  are  allowed 
and  the  amount  of  same,  and  the  amount  to  which  each  is  entitled  under  the  composi- 
tion; also  all  expenses  and  allowances  and  to  whom  made  and  payable. 

The  order  of  distribution  will  provide  that  the  same  be  made  by  the  Referee  and 
specify  the  names  of  creditors,  etc.,  and  the  amount  to  be  paid  to  each. 

RULE  XXXIII. 
Inventories. 

Inventories  by  receivers  and  trustees  of  bankrupt  estates  shall  be  made  and  exe- 
cuted in  duplicate;  one  to  be  filed  with  the  Clerk  of  this  Court  within  ten  days  after 
completion,  the  other  to  be  filed  with  the  Referee.  Failure  to  comply  with  this  rule 
shall  be  ground  for  removal. 

RULE  XXXIV. 
Attorney  for  Trustee. 
Referees  shall  in  no  case  nominate  or  appoint  an  attorney  or  attorneys  for  a  trustee 
unless  specially  directed  so  to  do  by  the  Judge. 

RULE  XXXV. 

It  is  ordered  that,  after  the  expiration  of  one  year  from  the  time  a  case  is  referred 
to  a  Referee,  sucli  Referee  cause  the  Trustee  in  bankruptcy  to  make  and  file  a  report 
of  all  his  receipts,  disbursments  and  transactions  in  relation  to  the  estate,  and  that 
the  Referee  call  a  final  meeting  of  creditors  for  the  purpose  of  closing  the  estate,  unless 
there  be  litigation  pending  which  makes  the  closing  of  the  estate  impracticable  or 
impossible. 

Also  ordered  that  wlien  a  case  is  closed  by  the  Referee  the  paj^ers  in  the  case 
be  forwarded  to  and  filed  with  the  Clerk. 

Also  ordered  that  all  correspondence  relating  to  cases  in  bankruptcy  be  filed  by 
the  Referee  separate  and  apart  from  his  private  correspondence  and  with  the  papers 
in  the  case  unless  such  correspondence  be  of  a  private  and  confidential  nature. 

Also  ordered  that  in  case  a  Trustee  in  bankruptcy  neglects  or  refuses  when 
ordered  so  to  do  to  file  his  report  such  neglect  or  refusal  will  be  cause  for  removal. 

Also  ordered  that  referees  in  bankruptcy,  so  far  as  possible  and  practicable,  itemize 
the  various  foes  for  expenses  charged  and  received  by  them  in  administering  an  estate, 
and  tliat  in  computing  commissions  the  records  show  the  amount  on  which  commissions 
are  computed  and  allowed.     Feb.  7,  1916. 


EASTERN   DISTRICT   OF  NEW   YORK. 


RULE  I. 
Rules  Governing  Referees. 
Examine  schedules  and  require  them  to  conform  to  the  provisions  of  the  Rules  of 
the  United  States  Supreme  Court  and  the  Rules  of  this  Court. 

RULE  II. 

Notify  bankrupt  and  his  attorney  to  be  present  before  Referee  on  the  day  fixed  by 
the  Court  in  the  order  of  reference. 

RULE  III. 

The  day  and  hour  of  filing  shall  be  indorsed  on  each  paper  filed  with  Referee. 

RULE  IV. 

Fix  day  for  first  meeting  of  creditors. 

RULE  V. 

Publish  first  meeting  of  creditors  in  newspaper  designated  by  the  Court  in  the 
county  for  which  tlie  Referee  is  appointed.  Such  publication  to  be  made  once  only, 
unless  otherwise  ordered  by  the  Court. 

RULE  VI. 

After  first  meeting  of  creditors  file  with  Clerk  of  the  Bankruptcy  Court  a  list  of  the 
claims  proved,  under  the  heading  of  Unsecured,  Secured,  and  Preferred,  with  address  of 
each  creditor. 

RULE  VII. 

File  with  Clerk  of  Bankruptcy  Court  the  appointment  of  the  Trustee,  signed  by  all 
persons  voting,  with  proof  of  publication  and  certificate  of  mailing  notices. 

RULE  VIII. 

Notify  Trustee  of  his  appointment  and  the  amount  of  the  bond  as  fixed  by  creditors 
or  Referee. 

RULE  IX. 

Referee  shall  inclose  to  Trustee  a  form  for  his  acceptance  of  the  trust. 

RULE  X. 

Referee  shall  file  with  the  clerk  of  the  Bankruptcy  Court  notification  to  Trustee 
and  his  acceptance,  and  approve  bond  of  Trustee. 

RULE  XL 

If  no  creditors  appear  at  first  meeting  and  no  claims  are  proved,  and  schedule  dis- 
closes no  assets.  Referee  shall  enter  order  that  no  trustee  be  appointed  until  further 
order  of  the  Court. 

[757] 


758  RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK. 

RULE  XII. 
If  no  creditors  appear  at  first  meeting,  but  proofs  of  claims  are  filed,  Referee  shall 
appoint  a  trustee;  but  amount  of  bond  fixed  by  him  may  be  nominal,  if  schedules  dis- 
close no  assets. 

RULE  XIII. 
If  creditors  fail  to  appoint  a  trustee  at  first  meeting,  Referee  shall  appoint  trustee 
and  fix  the  bond  in  proportion  to  the  amount  of  assets  disclosed  in  schedules. 

RULE  XIV. 

Referees  shall  appoint  appraisers  whenever  the  schedules  or  the  examination  of  the 
bankrupt  discloses  real  or  personal  property  of  a  kind  requiring  appraisal.  Apjiraisers 
should  be  persons  thoroughly  competent  to  appraise  the  property  of  the  bankrupt. 

RULE  XV. 

On  the  coming  in  of  the  final  report  of  Trustee,  Referees  shall  declare  the  amount 
of  dividends  on  claims  proved  and  allowed,  and  deliver  to  the  Trustee  dividend  sheets 
showing  the  amount  to  be  paid  on  each  claim  allowed,  and  on  the  distribution  of  all 
assets  in  hands  of  Trustee,  enter  order  discharging  him  of  his  trust. 

RULE  XVL 

If  the  schedules  of  bankrupt  or  his  examination  disclose  no  assets,  or  the  report  of 
the  Trustee  shows  no  assets.  Referee  may  enter  order  discharging  Trustee  of  liis  trust. 

RULE  XVII. 
Rules  Governing  Trustees. 
The  attention  of  Trustees  is  specially  called  to  Rule  XVII  of  United  States  Supreme 
Court,  which  must  be  strictly  observed. 

RULE  XVIII. 
General  Rules. 

Motion  days  in  Bankruptcy  will  be  on  Friday  of  each  week  at  2  p.  m. 

RULE  XIX. 

The  residence  and  post-office  address  of  the  bankrupt  must  be  given  in  his  petition 

RULE  XX. 

V^ere  an  involuntary  petition  is  filed  and  conforms  to  the  requirements  of  law,  it 
shall  be  the  duty  of  the  Clerk  to  enter  an  order  to  sliow  cause,  and  issue  a  subpoena, 
returnable  on  a  motion  day,  stating  the  time  and  place  when  the  debtor  is  to 
appear,  and  attacli  to  the  subpoena  the  following  notice: 

"NOTICE  TO  ALLEGP:D  BANIvRUPT.  You  (and  each  of  you  is)  are  required  to 
plead  to  the  petition  in  the  above  matter  within  ten  days  after  the  return  day,  or  within 
such  further  time  as  the  Court  may  allow,  failing  to  do  so  the  petition  will  be  taken 
pro  confesso." 

In  case  it  is  impossible  to  make  said  subpoena  returnable  on  a  motion  day  within 
the  fifteen  days  provided  by  section  18  of  the  Act,  the  Clerk  shall  attach  to  the  subpoena 
tiie  following  notice: 

"  Tlie  return  of  the  subpoena  is  made  on  the  day  of 

A.  D at  10:30  a.  m.,  for  the  following  cause:  that  the  return  be  made  on 

a  motion  day  of  this  Court." 


RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK.  759 

RULE  XXI. 
All  proofs  of  claims  shall  be  indorsed  with  title  of  proceeding,  amount  of  claim, 
name  of  creditor  and  post-otlice  address,  and,  if  represented  by  agent  or  attorney,  the 
name  of  the  agent  or  attorney  and  Iiis  post-office  address,  and  the  Referee  shall  indorse 
thereon  '"Allowed,"  or  "  Disallowed." 

RULE  XXII. 
All  orders  for  examination  of  bankrupt  shall  be  signed  by  Referee  to  whom  pro- 
ceedings are  referred. 

RULE  XXIII. 
All  summons  for  attendance  of  witnesses  shall  be  signed  by  the  Clerk  of  Bank- 
ruptcy Court. 

RULE  XXIV. 

All  applications  for  Receivers  or  Special  Warrants  to  Marshal  must  be  made  to  the 
Judge  of  the  Court. 

RULE  XXV. 

All  sales  of  real  or  personal  property  of  the  bankrupt,  or  redemption  of  property 
from  lien,  or  compounding  of  claims,  must  be  subject  to  the  approval  of  the  Judge  of 
the  Court  before  title  thereto  is  passed. 

RULE  XXVI. 

A  certificate  of  discharge  to  bankrupt,  on  liis  petition  for  discharge,  will  not  be 
granted  until  Referee  reports  that  tlie  bankrupt  has  conformed  to  all  the  requirements 
of  the  Act  relating  to  Bankruptcy. 

RULE  XXVII. 

Amendments  to  Schedules  will  be  allowed  by  referees  on  application  of  the  peti- 
tioner stating  the  cause  of  the  error  in  the  original  on  file,  and  must  be  made  in  tripli- 
cate and  presented  to  the  Referee,  who  will  examine  the  same,  and,  if  in  accordance 
with  the  forms  and  rules  of  the  United  States  Supreme  Court,  file  the  application  and 
his  order  allowing  the  same,  together  with  one  of  tlie  amended  schedules  with  the  Clerk 
of  the  Court,  and  also  forward  to  tlie  trustees  a  copy  of  the  order  allowing  amend- 
ment with  one  of  the  amended  schedules,  the  other  amended  schedule  to  be  retained 
by  him. 

RULE  XXVIII. 

If  after  the  first  meeting  of  creditors  and  appointment  of  a  Trustee  or  Trustees, 
the  schedules  filed  by  the  bankrui)t  sliould  be  amended  by  adding  thereto  the  names  of 
any  creditors  omitted  from  the  original  schedules  as  filed,  such  creditors  sliall  be  notified 
that  such  first  meeting  of  creditors  Iu\s  been  held  and  Trustee  or  Trustees  appointed, 
and  upon  duly  filing  their  claims  with  the  Referee  and  liaving  the  same  allowed  b}' 
him,  they  Avill  be  entitled  to  notice  of  all  further  proceedings  of  which  creditors  are 
entitled  to  notice,  and  to  participation  in  any  dividends  to  be  declared;  and  if  it  should 
be  made  to  appear  to  the  Court  by  any  of  the  creditors,  whose  names  have  been  added 
to  the  schedules  by  the  amendment  thereto  that  the  appointment  of  the  Trustee  has 
been  made  in  violation  of  the  right  of  the  creditors  omitted  from  the  original  schedules, 
the  said  appointment  shall  be  set  aside  and  another  meeting  of  creditors  called  for  the 
appointment  of  another  Trustee. 

RULE  XXIX. 

After  thirty  days  have  elapsed  from  the  date  of  the  order  of  reference  to  a  Referee 

of  an  adjudicated  jietition  in  voluntary  bankruptcy,  and  no  proceedings  have  been  taken 

therein  by  the  bankrupt,  due  notice  liaving  been  given  by  the  Referee  to  the  bankrupt 

and  his  Attorney  (if  petitioner  is  represented  by  Attorney)  to  proceed  in  the  matter. 


760  RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK. 

and  the  time  not  having  been  enlarged,  the  Referee  shall  report  the  facts  to  the  Court 
and  apply  for  an  order  to  show  cause,  to  be  served  on  the  bankrupt  or  his  Attorney, 
why  the  order  of  adjudication  should  not  be  vacated  and  the  petition  dismissed. 

RULE  XXX. 

The  amount  deposited  with  a  Referee  to  indemnify  him  for  disbursements  shall 
not  exceed  for  first  meeting  of  creditors,  $10,  where  the  number  of  creditors  does  not 
exceed  fifty,  and  for  every  creditor  beyond  fifty,  ten  cents  for  each  additional  creditor; 
for  meeting  of  creditors  to  consider  composition,  $15;  and  for  every  day  occupied  after 
the  first  day  such  as  the  Referee  may  deem  necessary  to  cover  the  disbursement,  not 
exceeding  $10;  and  on  application  by  creditor  or  creditors  for  examination  of  bankrupt 
or  witness,  $5;  and  for  every  day  occupied  after  the  first  day,  $5  in  addition  thereto, 
unless  a  greater  amount  is  specially  ordered  by  the  Court. 

RULE  XXXI. 

The  amount  deposited  with  the  Clerk  of  the  Court  to  indemnify  him  for  disburse- 
ments shall  not  exceed  $5  on  application  for  discharge,  and  $5  on  application  to  confirm 
composition,  unless  specially  ordered  by  the  Court. 

RULE  XXXII. 

The  Trustee's  fee  of  five  dollars  deposited  with  the  Clerk  shall  be  paid  to  the  Trus- 
tee upon  the  coming  in  of  the  Referee's  report,  that  the  Trustee  has  been  discharged 
from  his  trust.  In  case  no  Trustee  is  appointed,  as  provided  in  General  Order  No.  15, 
the  Clerk  shall,  upon  the  report  of  the  Referee,  return  the  five  dollars  deposited  for  fees 
of  Trustee,  to  petitioner. 

On  the  coming  in  of  the  Referee's  final  report,  the  Clerk  shall  pay  to  the  Referee 
the  ten  dollars  dejwsited  as  his  fees.  When  there  are  no  assets,  the  case  shall  be  deemed 
closed  for  the  purpose  of  the  payment  of  said  fees  to  the  Referee  and  Trustee,  wlien  a 
discharge  has  been  granted  to  the  Trustee.  In  cases  where  tliere  are  assets,  the  case 
shall  be  deemed  closed  upon  the  confirmation  of  a  composition,  or  the  payment  of  a 
final  dividend. 

RULE  XXXIII. 

The  following  are  the  newspapers  designated  in  which  notices  required  by  the  Act 
of  Congress  relating  to  Bankruptcy  are  to  be  published: 

The  Brooklyn  ^lartiard-Union  for  the  Coimty  of  Kings. 
The  Daily  Star,  Long  Island  City,  for  the  County  of  Queens. 
The  South  Side  Signal  for  the  County  of  Suffolk. 
The  Staten  Islander  for  the  County  of  Richmond. 
The  South  Side  Observer  for  the  County  of  Nassau. 
The  Brooklyn  Daily  Eagle  for  the  County  of  Kings. 

RULE  XXXIV. 

The   following   are   the   Banking   Institutions   designated   as   depositories    for   the 
monej'  received  by  Trustees  of  ])ankrupt  estates: 
Corn  Exchange  Bank,  Brooklyn  Branch. 
The  Franklin  Trust  Co.,  of  the  County  of  Kings. 
The  Hamilton  Trust  Co.,  of  the  County  of  Kings. 

The  Corn  Exchange  Bank,  Staten  Island  Branch,  of  the  County  of  Richmond, 
The  Corn  Exchange  Bank,  Queens  County  Branch,  of  the  County  of  Queens, 
Queens  County  Trust  Co,,  of  the  County  of  Queens. 
'    The  People's  Trust  Co.,  of  Brooklyn. 


RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK.  761 

The  Nassau  Trust  Co.,  of  Brooklj-n. 

The  Home  Trust  Co.,  of  Brooklyn. 

Citj'  National  Bank  of  Brooklyn. 

Nassau  National  Bank  of  Brooklyn. 

The  Broadway  Trust  Co.,  Flatbush  Branch,  County  of  Kings. 

Brooklyn  Trust  Co.,  Comity  of  Kings. 

Kings  C'oimty  Trust  Co.,  Brooklyn. 

Mechanic's  Bank.  Brooklyn. 

Suffolk  County  Trust  Co.,  of  Riverhead,  N.  Y. 

Creenpoint  National  Bank  of  Brooklyn. 

Richmond  Borough  National  Bank,  Richmond  Co. 

RULE  XXXV, 

Composition. 
^"\llen  a  debtor  is  desirous  of  making  an  offer  of  composition  to  his  creditors,  the 
petition  to  consider  the  same  must  be  filed  with  the  Clerk  of  the  Court,  and  an  appli- 
cation made  to  the  Coiu-t  for  an  order  of  reference  to  the  Referee  to  whom  the  matter 
had  been  referred,  directing  a  meeting  of  the  petitioner's  creditors  on  ten  days'  notice 
of  said  meeting,  bj-  mail,  to  all  the  creditors  mentioned  in  his  schedule,  and  publication 
of  said  notice,  once,  in  the  designated  newspaper. 

RULE  XXXVI. 

The  Referee  to  whom  the  petition  for  composition  is  referred  shall,  after  final  con- 
sideration of  creditors,  report  the  proceedings  had  before  him,  with  proof  of  mailing 
notices  of  meeting,  and  the  names  and  addresses  of  creditors  objecting  to  composition. 

RULE  XXXVII. 

On  the  coming  in  of  the  report  of  Referee  on  petition  for  composition,  an  applica- 
tion must  be  made  to  the  Court,  for  an  order  fixing  a  day  for  hearing  on  the  order  to 
confirm  the  composition. 

RULE  XXXVIII. 

If  any  names  of  creditors  objecting  to  the  composition  offered  appear  on  the  report 
of  the  Referee,  the  Clerk  of  the  Court  shall  send  notice  of  said  hearing,  by  mail,  to  each 
creditor  so  objecting,  and  make  proof  of  mailing. 

RULE  XXXIX. 

All  creditors  voting  for,  or  objecting  to,  a  resolution  or  offer  of  composition,  m;ist 
prove  their  claims  and  have  the  same  allowed  before  their  vote  or  objection  is  recorded. 

RULE  XL. 

In  all  cases  where  the  bond  required  to  be  given  by  the  Trustee,  appointed  by  ths 
creditors  or  Referee,  is  not  greater  in  amount  than  two  hundred  dollars,  the  Referee  to 
whom  the  matter  is  referred  may  accept  the  individual  bond  of  the  Trustee,  so  appointed. 

RULE  XLI. 

On  specifications  in  opposition  to  the  discharge  of  a  bankrupt  being  filed,  the  matter 
of  the  specifications  may  be  referred  to  a  special  commissioner,  to  take  the  evidence  and 
report  the  same  with  his  opinion  thereon  to  the  Court.  The  party  filing  the  specifica- 
tions shall  deposit  with  the  person  to  whom  the  matter  is  referred  an  amount  sufficient 


762  RULES  IN  EASTERN  DISTRICT  OF  NEW  YORK. 

to  cover  the  expense  of  taking  the  proofs  and  a  per  diem  fee  of  five  dollars  for  each 
hearing.  Should  an  adjournment  be  granted  a  per  diem  fee  of  three  dollars  shall  be 
paid  by  the  party  requesting  the  adjournment,  provided  the  Referee  or  commissioner  is 
in  actual  attendance. 

RULE  XLII. 

A  bankrupt,  petitioning  for  his  discharge  in  voluntary  proceedings,  must  set  forth 
in  his  petition  that  he  has  not  been  granted  a  discharge  in  bankruptcy  within  six  years. 

RULE  XLIII. 

On  the  presentation  of  a  petition  for  the  adjudication  of  a  bankrupt,  the  Clerk  shall 
enter  on  the  minutes  of  the  Court  the  name  of  the  attorney  presenting  the  same,  and 
note  the  proceedings  thereon;  and  the  Clerk  is  hereby  directed  to  attach  the  seal  of 
the  Court  when  required,  and  to  sign  the  order  of  adjudication,  the  order  of  reference, 
and  all  orders  of  publication  in  the  proceeding,  when  any  such  orders  shall  have  been 
granted  by  the  Judge  or  Court,  and  such  orders  shall  be  entered  thereupon. 

rage  702,  line  1.5  [Publisher's  Note]  : 

Follouing  amendments  Iiave  been  made  to  Rules  of  Eastern  District  of  Xew  York 
under  date  of  Dec.  5,  191(i.  after  publication  of  the  book- 

foiSu-h :^r  RuL'ii!  rSoji^c?:"^'"'^'^^' ""''''' "' ''  ^-^^^  ^^-^^^  ^^^^^^'^^  -^  *^- 

In  cases  where  no  assets  appear,  or  wJiere  no  exemptions  are  claimed  with 
respect  to  property  of  which  a  trustee  might  take  physical  possession,  or 
^^l  ere  no  creditor  opp.,ses  tlie  bankrupt's  claim  of  exemption,  if'^any  proof  of 
debt  has  been  hied,  the  referee  will  not  appoint  a  trustee  while  those  con- 
ditions are  unchanged.  Such  a  case  shall  n-.t  he  closed  (otlier  than  to  furnish 
a  certificate  to  the  bankrupt  as  to  compliance  witli  the  statute)  until  the 
apphcatum  for  disciiarge  has  come  before  the  court  or  the  vear  for  siu-h 
application  has  elapsed. 


WESTERN   DISTRICT   OF  NEW   YORK. 


RULE  I. 
Proceedings  in  Counties  Where  There  is  no  Referee  or  Newspaper. 
In  case  a  petition  is  filed  by  or  against  a  bankrupt  who  resides  in  any  county 
where  there  is  a  vacancy  in  the  office  of  Referee  or  where  the  Referee  is  disqualified, 
absent,  sick  or  otherwise  unable  to  act,  the  reference  shall  be  made  to  the  Referee  wlio  is 
most  conveniently  located  to  the  bankrupt's  residence.  In  case  a  petition  is  filed  by  or 
against  a  bankrupt  who  resides  in  a  county  where  there  is  no  designated  newspaper,  or 
where  the  designated  newspaper  for  any  reason  refuses  to  act,  the  notices  required  by 
law  may  be  published  in  a  newspaper  named  by  the  parties  in  interest  published  in  the 
county  where  the  bankrupt  resides,  or  the  major  part  of  his  property  is  situated. 

RULE  II. 
Filing  Petition;  Deposit  of  Fees. 
All  petitions  shall  be  filed  with  the  Clerk  at  his  office  in  BuflFalo.  At  the  time  of 
filing  a  petition  thirty  dollars  shall  be  paid  to  the  Clerk  by  the  petitioner,  except  in 
cases  where  a  fee  is  not  required  by  a  voluntary  bankrupt;  being  ten  dollars  for  the 
Clerk,  fifteen  dollars  for  the  Referee  and  five  dollars  for  the  Trustee.  In  case  the  peti- 
tion is  dismissed  it  shall  be  the  duty  of  the  Clerk  forthwith  to  return  to  the  petitioner 
the  amount  deposited  for  the  fees  of  the  Referee  and  Trustee,  respectively.  Voluntary 
petitions  must  be  filed  in  triplicate  and  involuntary  petitions  in  duplicate.  ^Yhen  the 
Judge  is  absent  from  the  district  it  shall  be  the  duty  of  the  Clerk  to  enter  an  order  as 
provided  in  Form  Xo.  15,  reciting  the  absence  of  the  Judge,  and  referring  the  case  to 
the  proper  Referee.  When  the  Judge  is  present,  a  Court  order  shall  be  entered  as  pro- 
vided in  Form  No.  14.  Fees  deposited  by  the  petitioner  in  an  involuntary  case  must 
be  returned  to  him  by  the  Trustee  out  of  the  estate  of  the  bankrupt  in  all  cases  where 
property  sufficient  for  such  purpose  comes  to  the  hands  of  the  Trustee. 

RULE  III. 
Petition  in  Forma  Pauperis. 
In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt  which  is  accompanied 
by  an  affidavit  under  subdivision  2  of  section  51  of  the  Act,  it  shall  be  the  duty  of  the 
Clerk  to  file  said  petition  without  the  payment  of  the  fees  provided  for  by  law.  If  the 
Clerk,  or  the  Referee  to  whom  said  petition  is  referred,  Iil-.s  reason  to  believe  such 
affidavit  is  false,  he  may  file  a  certificate  to  that  effect  and  cause  the  bankrupt  to  be 
examined.  If  upon  such  examination  the  Referee  reports  in  writing  that  the  statements 
contained  in  such  affidavit  are  false,  and  that  the  bankrupt  has  or  can  obtain  money 
with  which  to  pay  said  fees,  such  report  shall  be  sufficient  proof  upon  which  to  base 
proceedings  under  subdivision  4  of  General  Order  No.  XXXV. 

RULE  IV. 

Referee  to  Fix  Time  and  Place  of  Hearings. 

The  Clerk  shall  mail  a  copy  of  the  order  of  reference  to  the  Referee,  and  thereafter 

all  proceedings,  except  such  as  are  required  by  the  act,  or  by  the  general  orders,  to  be 

had  before  the  Judge,  shall  be  had  before  tlie  Referee,  who  shall  fix  the  time  when  and 

[763] 


764  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 

the  place  where  he  will  act  upon  the  matters  arising  in  the  case;  except  that  all  meet- 
ings of  creditors  must  be  held  in  the  county  of  the  bankrupt,  either  at  the  county  seat 
or  at  a  place  more  convenient  for  the  parties  in  interest.  If  the  Referee  cannot  attend 
on  the  day  named  in  the  order  of  reference  he  may  name  a  subsequent  day  within  ten 
days  thereafter,  and  give  the  bankrupt  timely  notice  of  the  change;  but  the  day  first 
named  shall  be  the  day  from  which  the  bankrupt  shall  be  subject  to  the  orders  of  the 
Court  as  provided  in  General  Order  Xo.  XII. 

If  the  place  named  in  the  order  of  reference  be  manifestly  inconvenient  as  a  place 
of  meeting  for  the  parties  in  interest,  the  Referee  may  fix  a  more  convenient  place  and 
give  the  bankrupt  timely  notice  of  the  change. 

RULE  V. 
Involuntary  Petition  —  Notice  to  Debtor  —  Reference  on  Default. 

Where  an  involuntary  petition  is  filed  in  conformity  with  law  it  shall  be  the  duty 
of  the  Clerk  to  issue  a  subpoena,  as  provided  in  Form  Xo.  5,  stating  the  time  and  place 
when  the  debtor  is  to  appear.    There  shall  be  endorsed  upon  the  subpoena  the  following: 

"  Xotice  to  defendant. —  It  is  not  necessary  for  you  to  appear  on  the  return  day  of 
this  subpoena.  You  may  appear  and  plead  to  the  petition  at  any  time  within  five  days- 
after  said  return  day." 

In  ease  no  pleadings  are  filed  by  the  bankrupt  or  any  of  his  creditors  the  Judge^ 
or,  in  his  absence,  the  Clerk,  will  enter  the  proper  order  without  further  appearance  or 
motion  on  the  part  of  the  petitioner.  Order  of  adjudication  in  involuntary  proceedings 
shall  not  be  entered  until  the  expiration  of  five  days  after  the  return  day  of  the 
subpoena. 

RULE  VI. 
Service  of  Subpoena  —  Publication. 

In  involuntary  proceedings,  if  personal  service  of  the  subpoena  cannot  be  made  by 
a  delivery  of  a  copy  thereof  to  the  debtor  or  to  some  adult  person  who  is  a  member 
or  resident  in  the  debtor's  family,  at  his  dw^elling  house  or  usual  place  of  abode  within 
the  district,  and  if  the  debtor  shall  not  file  his  appearance  within  ten  days  after  the 
return  day  of  the  subpoena,  the  Court,  on  proof  by  affidavit  of  the  foregoing  facts,  and 
of  the  whereabouts  of  the  debtor,  will  make  an  order  directing  such  debtor  to  appear,, 
plead,  answer  or  demur  by  a  day  certain  to  be  designated  therein,  pursuant  to  section 
738  of  the  United  States  Revised  Statutes,  which  order  shall  be  served  upon  such  absent 
debtor,  if  practicable,  wherever  found,  or  if  personal  service  of  such  order  upon  such 
absent  debtor  is  not  practicable,  such  order  shall  be  published  as  provided  in  the  act; 
and  upon  proof  of  such  service  or  publication  of  said  order,  and  of  compliance  with  the 
terms  thereof,  proceedings  shall  be  had  as  upon  personal  service  of  the  debtor  within 
the  district. 

Upon  the  petition  of  one  or  more  of  several  copartners,  where  some  other  member 
or  members  of  the  firm  refuse  to  join  in  the  petition,  the  like  proceedings  if  there  are^ 
firm  assets,  must  be  had  to  bring  in  the  other  copartners. 

RULE  VII. 
Pleadings  in  Involuntary  Cases;  Trial  by  Jury, 
Prior  to  the  denial  of  bankruptcy,  as  provided  in  Form  Xo.  6.  the  pleading  in  invol- 
untary cases  on  the  part  of  the  alleged  bankrupt,  or  any  of  his  creditors  who  oppose 
the  adjudication,  shall  conform  as  nearly  as  may  be  to  the  pleadings  of  the  defendant 
in  an  equity  action  in  the  District  Court  of  the  United  States. 

In  case  a  jury  trial  is  demanded,  as  provided  by  section  19  of  the  Act,  the  Clerk 
shall  place  the  issue  on  the  Calendar  of  the  next  regular  term  of  the  District  Court  for 
trial  unless  a  jury  shall  be  in  attendance,  in  which  case  it  may  be  added  by  the  Clerk: 


RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK.  765 

to  the  current  Calendar.  The  case  shall  then  proceed  in  all  respects  like  tlie  trial  of 
any  action  at  common  law,  except  that  the  Court  may  frame  and  send  to  the  jury 
special  questions,  presenting  the  issue  to  be  tried.  Ui)on  the  coming  in  of  tlie  verdict  the 
Judge  may,  in  accordance  therewith,  make  an  adjudication  either  that  the  debtor  is  or 
is  not  a  bankrupt.  In  case  a  jury  trial  is  not  demanded  the  Judge  may  determ.ine  the 
issues  presented  by  the  pleadings,  or  he  may  refer  the  same,  or  any  specified  issue,  to 
a  special  master  to  ascertain  and  report  the  facts  with  his  opinion  thereon. 

RULE  VIII. 
Dismissal  of  Petition. 
Every  application  to  dismiss  a  voluntary  or  involuntary  petition,  as  contemplated 
by  section  59-g  of  the  Bankruptcy  Act,  must  be  by  petition  in  writing,  signed  and  veri- 
fied by  the  applicant  or  his  attorney  of  record,  and,  if  made  before  the  bankrupt's 
schedules  have  been  filed,  such  application  must  be  accompanied  by  a  list,  verified  by 
the  bankrupt,  of  all  his  creditors,  with  their  addresses.  Upon  the  filing  of  such  petition 
and  list,  when  required,  an  order  to  show  cause  why  such  petition  should  not  be  granted 
may  be  entered  by  the  Clerk.  Thereafter,  all  proceedings,  notices  and  pleas  on  such 
petition  shall  be  the  same  as  or  similar  to  those  on  orders  to  show  cause  why  discharges 
should  not  be  granted  as  the  same  are  fixed  by  Rule  10. 

RULE  IX. 
Discharge  and  Composition  —  Petition  and  Report  of  Referee. 

The  petition  for  a  discharge  or  for  a  confirmation  of  a  composition  must  be  duly 
verified  and  be  filed  with  the  Clerk.  The  petition  for  a  discharge  must  conform  to  the 
provisions  of  General  Order  No.  XXXI  and  of  Form  No.  57.  There  must  also  be  pre- 
sented before  the  final  discharge  is  granted  a  report  or  certificate  of  the  Referee  that 
the  bankrupt  has  in  all  things  conformed  to  the  requirements  of  the  Act,  that  he  has 
■committed  none  of  the  offenses  and  done  none  of  the  acts  prohibited  in  subdivision  b  of 
section  14  of  the  Act,  and  that  he  is,  in  the  opinion  of  the  Referee,  entitled  to  his 
discharge. 

Proof  of  mailing  and  publication,  as  provided  in  the  next  succeeding  rule,  together 
•with  his  certificate  of  conformity,  shall  be  sent  by  the  Referee  to  the  Clerk,  at  Buffalo, 
N.  Y.,  at  least  one  day  prior  to  the  hearing,  and  the  Clerk  shall  present  the  same  to 
the  Court  at  the  hearing. 

RULE  X. 
Discharge  Order  to  Show  Cause;  Opposition  of  Creditors. 

The  order  to  show  cause  why  a  discharge  should  not  be  granted  or  a  composition 
•confirmed  may  be  entered  by  the  Clerk  or  Deputy  Clerk.  It  must  state  the  time  and 
place  of  hearing,  and  direct  that  the  Referee  give  notice  as  provided  in  section  58  of  the 
Act  to  all  known  creditors  and  other  persons  in  interest.  The  notice  must  be  mailed 
and  published  once,  at  least  thirty  days  as  to  applications  for  discharge  and  as  to  com- 
position ten  days  prior  to  said  hearing.  Proof  of  mailing  and  publication  must  be  pre- 
sented at  least  one  day  prior  to  the  return  day  of  the  order.  If  no  creditor  or  other 
party  in  interest  appears  and  opposes,  the  discharge  shall  be  granted.  In  case  a  creditor 
or  other  party  in  interest  desires  to  oppose  the  granting  of  the  discharge,  he  shall  appear 
on  the  return  day  and  file  a  verified  specification  of  the  grounds  of  his  opposition,  as 
provided  in  General  Order  No.  XXXII.  The  issue  thus  joined  may  be  referred  to  the 
Referee  to  ascertain  and  report  the  facts  with  his  conclusions  thereon.  Either  party 
may  except  to  said  report  and  the  exceptions  may  be  heard  by  the  Judge  on  any  motion 
■day  upon  the  usual  notice. 

The  petitioner  may,  within  five  days  from  the  service  of  a  copy  of  the  order  of 
reference,  and  on  giving  at  least  five  days'  notice  personally  or  eight  days'  notice  by 


766  RULES  IN  WESTERN  DISTRICT  OP  NEW  YORK. 

mail  to  the  objecting  creditoi",  move  the  Court  on  any  motion  day  to  have  the  specifica- 
tions of  objections  to  the  discharge  or  the  confirmation  of  tlie  composition  made  more 
certain  and  definite  or  witliin  such  time  may  move  their  dismissal;  in  default  whereof 
such  specifications  shall  be  deemed  sufficient  to  present  the  questions  suggested  thereby. 
Such  notice  of  motion  shall  also  specify  the  grounds  of  objection, 

RULE  XI. 
Confirmation  of  Composition. 
Tn  all  cases  of  composition,  except  when  the  offer  is  made  before  adjudication,  the 
application  for  confirmation  with  notice  and  proofs  of  service  must  be  accompanied  by 
the  offer  and  acceptances  and  the  certificate  of  the  Eeferee,  setting  forth  the  amount  of 
the  composition  fund  and  place  of  deposit,  the  names  of  all  the  creditors  whose  claims 
are  allowed  and  the  amount  of  the  same  and  the  amount  to  which  each  is  entitled  under 
the  composition;  also  all  expenses  and  allowances,  and  to  whom  made  and  payable. 

RULE  XII. 
Petitions. 

Petitions  should  state  where  the  debtor  has  resided,  including  the  street  and  num- 
ber, if  any,  and  also  where  his  principal  place  of  business,  if  any,  has  been  dviring  the 
|)receding  six  months,  or  the  greater  part  thereof,  and  the  schedules  should  state  the 
street  and  number  or  the  residence,  or  place  of  business,  of  the  creditors,  so  far  as 
known.  Petitions  by  one  or  more  of  several  copartners  should  state,  in  case  a  discharge 
from  copartnership  debts  is  desired,  whether  there  are  firm  assets,  and,  if  there  are,  the 
petition  should  further  state  whether  the  firm  or  anj^  other  partners,  not  joining  in 
the  petition  are  solvent  or  insolvent,  and,  if  insolvent,  the  place  of  residence  and  where- 
abouts of  such  other  partners,  so  far  as  known,  or  ascertainable,  in  order  that  they  may 
be  brought  in  as  parties  in  case  they  refuse  to  join  in  the  petition. 

lYtitions,  schedules  and  other  papers  filed  shall  be  written,  typewritten  or  printed 
upon  white  paper  of  the  size  of  law  cap,  approximately  thirteen  inches  long  by  eiglit 
inches  wide.  All  pleadings  must  be  properly  indorsed  witli  the  name  of  the  Court,  the 
title  of  the  cause,  and,  if  the  parties  appear  by  an  attorney,  his  name  and  office  address. 
Jf  the  attorney  resides  in  a  city,  the  street  and  number  must  be  given. 

RULE  XIII. 
Notices  and  How  Served. 
All  notices  required  to  be  given  under  section  58  of  the  Act  shall,  in  case  the 
Referee  so  directs,  be  given  by  the  bankrupt  or  his  attorney  in  voluntary  cases,  and  by 
the  petitioner  or  his  attorney  in  involuntary  cases,  and  when  so  given  the  person  giving 
the  notice  shall  make  return  to  the  Referee  in  the  form  of  an  affidavit  with  the  notice, 
or  a  copy  tliereof,  annexed,  showing  due  mailing  or  publication  of  said  notice  as  required 
by  law.  Tiie  affidavits  of  mailing  and  of  publication  may  be  sworn  to  or  affirmed 
before  any  officer  authorized  to  administer  oaths  vinder  section  20  of  the  Act.  Notice 
to  creditors  of  meetings  subsequent  to  the  first,  in  cases  where  there  are  undivided 
assets,  shall  be  the  same  as  the  notice  provided  for  the  first  meeting  in  section  58  of  the 
Act.  In  cases  where  there  are  no  assets  the  Referee  may,  in  his  discretion,  dispense 
with  the  publication  of  such  notice.  The  original  notice  shall  be  signed  by  the  Referee. 
Ft  shall  be  i)rinted  upon  or  inclosed  within  a  sealed  post-paid  wrapper  in  such  a  manner 
that  the  address  and  postmark  shall,  if  possible,  be  on  the  same  paper  as  the  notice,  or 
in  the  discretion  of  the  Referee,  said  notice  may  be  printed  upon  a  postal  card  or  other 
card. 


RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK.  767 

RULE  XIV. 
Sales  of  Bankrupt's  Property  as  Amended  Should  Read. 

The  sales  of  a  bankrupt's  property  authorized  by  the  Act  and  General  Order  No. 
XVIII  shall  be  under  the  direction  of  the  Referee.  Public  sales  shall  be  upon  the  notice 
required  by  section  58  of  the  Act,  and  such  additional  notice  as  the  Referee  may  direct. 
When  notice  of  the  sale  of  real  estate  is  published  the  description  of  the  real  property 
to  be  sold  need  not  be  by  metes  and  bounds,  but  it  shall  be  sufficient  to  identify  and 
locate  the  property,  and  the  notice  shall  contain  a  reference  to  the  order  filed  in  the 
Clerk's  office  where  a  more  specific  description  as  to  the  metes,  bounds,  etc.,  may  be 
found. 

RULE  XV. 
List  of  Claims  and  Accounts  Transmitted  to  Clerk. 

General  Order  Xo.  XXIV  shall  not  be  construed  to  require  the  Referee  to  transmit 
to  the  Clerk  a  separate  statement  of  each  proof  of  debt,  but  only  that  he  shall  transmit 
a  list  of  the  claims  proved  after  he  has  reason  to  believe  that  all  the  claims  have  been 
proved  against  tlie  estate  that  will  be  presented. 

General  Order  No.  XXVI  shall  not  be  construed  to  require  the  Referee  to  transmit 
to  the  Clerk  a  separate  account  of  each  case  which  may  be  referred  to  him,  but  only  a 
statement  of  his  disbursements  in  all  cases  and  for  all  causes  since  his  last  monthly 
return. 

RULE  XVI. 

Clerk  to  Transmit  Papers  to  the  Referee. 

The  Clerk  shall  transmit  all  proofs  of  claims,  and  other  papers  filed  with  him 
under  General  Order  Xo.  XX,  subsequent  to  the  reference,  to  the  Referee,  except  such 
fiapers  which,  by  the  terms  of  said  General  Order,  are  re(iuired  to  be  filed  with  the 
Clerk  alone. 

RULE  XVII. 

Filing  of  Returns,  Reports,  Adjudication,  Bonds,  etc. 

All  returns  and  reports  from  Referees  or  other  officers  of  the  Court  shall  be  directed 
to  the  Clerk  of  the  Court  at  Bufl'alo,  N.  Y.,  and  all  returns  and  reports  which  by  law  or 
the  general  orders  are  required  to  be  made  to  the  Judge  shall  be  directed  to  him  in  care 
of  the  Clerk  at  Buffalo,  N.  Y. 

It  shall  be  tlie  duty  of  the  Referee  to  transmit  to  the  Clerk  forthwith  all  adjudica- 
tions made  during  the  absence  of  the  Judge,  and  all  bonds  of  Trustees  and  the  orders 
approving  the  same  within  five  days  of  the  approval  thereof.  The  Referee  shall  retain 
in  his  possession  the  papers  and  records  until  said  case  is  finally  closed.  He  shall  then, 
within  five  days,  transmit  his  record  book,  and  all  papers  in  the  case  to  the  Clerk, 
together  with  a  certificate  specifying  that  the  case  is  closed. 

RULE  XVIII. 
Fees  of  Referee  and  Trustee,  When  Paid. 
The  Trustee's  fee  of  five  dollars  deposited  with  the  Clerk  shall  be  paid  to  the 
Trustee  when  the  services  of  the  Trustee  have  been  actually  rendered  and  the  case 
has  been  closed  and  the  Referee  has  made  his  return  as  required  by  Rule  17.  He  shall 
be  paid  such  commissions  as  may  be  allowed  under  section  48  of  the  Bankruptcy  Act, 
as  amended  at  the  time  the  final  dividend  is  made.  The  Referee  shall  be  paid  his 
commissions  at  the  same  time.  In  case  no  Trustee  is  appointed  as  provided  in  General 
Order  Xo.  XV,  the  Clerk  shall,  upon  filing  the  certificate  of  the  Referee  specifying  that 
the  case  is  closed,  the  Referee's  record  book,  and  his  return  as  provided  in  Rule  17,  pay 
the  five  dollars,  deposited  for  Trustee's  fee,  to  the  petitioner's  attorney. 


768  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 

The  Clerk  shall  pay  the  Referee  the  fifteen  dollars  deposited  as  fees  of  the  Referee 
upon  receiving  the  latter's  record  book,  return  and  certificate  that  the  case  has  been 
closed  and  that  his  services  have  been  rendered,  and  in  case  of  a  composition,  upon  the 
confirmation  thereof.  ^^Tiere  there  are  no  assets  a  case  may  be  closed  by  the  Referee 
and  his  return  and  certificate  thereof  made  and  filed  with  the  Clerk  at  the  expiration 
of  four  months  from  the  date  of  adjudication,  provided  no  application  for  the  discharge 
has  been  made  and  provided  further  that  if  an  application  for  discharge  has  been  made 
that  the  same  has  been  granted  or  refused  to  the  bankrupt. 

RULE  XIX. 
Money  Drawn  by  Countersigned  Checks. 

■^^Tien  money  is  deposited  in  the  name  of  the  Clerk  of  the  Court,  or  of  a  Trustee,  it 
shall  not  be  drawn  unless  by  check  signed  by  said  Clerk  or  Trustee,  having  on  its  face 
the  number  and  title  of  the  cause  and  countersigned  by  the  Referee  in  charge.  All 
checks  must  conform  to  this  rule,  and  also  to  the  requirements  of  General  Order  No. 
XXIX.  The  Clerk  shall  furnish  to  the  depositories  a  copy  of  said  general  order  and 
also  a  copy  of  this  rule. 

RULE   XX. 
Referees  to  Direct  Prosecution  and  Defense   of  Suits  and  Allow  Amendments. 

The  Referee  may  direct  the  prosecution  and  the  defense  of  suits  by  the  Trustee  as 
provided  in  subdivisions  c  and  d  of  section  11  of  the  Act.  He  may  allow  amendments 
to  the  pleadings  and  papers  which  do  not  involve  jurisdictional  defects  in  all  matters 
pending  before  him,  and  he  shall,  in  the  first  instance,  have  full  power  and  authority 
over  the  proof  and  allowance  of  claims  as  provided  by  section  57  of  the  Act  and  General 
Order  Xo.  XXI.  WTien  a  jDetition  referred  to  a  Referee  is  insuSicient  upon  its  face  to 
confer  jurisdiction  he  shall  return  the  same  to  the  Clerk  with  a  statement  of  tlie  defects 
noted  thereon,  and  no  further  proceedings  shall  be  had  thereon  until  a  new  or  amended 
petition  remedying  such  defects  is  filed  with  the  Clerk. 

The  Referee  may,  upon  his  own  motion,  direct  that  the  schedules  be  made  more 
definite  and  certain  by  requiring  the  street  and  number  to  be  given  where  a  creditor 
resides  in  a  city,  and  the  Referee  may  direct  that  the  bankrupt  furnish  any  other 
information  regarding  his  property  or  his  creditors  which  the  Referee  may  deem 
essential. 

RULE  XXI. 
Referees  to  Grant  Stays. 
\Mien  a  motion  for  an  injunction  is  pending,  or  is  about  to  be  made,  the  Referee 
may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt,  or  otherwise,  grant 
a  temporary  restraining  order  staying  proceedings  until  the  hearing  and  decision  of  said 
motion.  In  case  all  parties  in  interest  agree  that  said  motion  be  heard  by  the  Referee 
in  charge,  they  may  file  with  the  Referee  a  written  stipulation  to  that  efl'ect.  The 
decision  of  the  Referee  on  such  motion  shall  be  filed  with  the  Clerk,  and  if  the  Referee 
decides  that  an  injunction  shall  issue,  an  order  to  that  efi^ect  may  be  made  bj'  the 
Judge. 

RULE  XXII. 

Referees  May  Pass  upon  Relevancy  of  Testimony  and  Confine  Examinations  Within 

Reasonable  Limits. 

Referees  may  pass  upon  the  competency,  materiality  and  relevancy  of  evidence 
in  matters  properly  before  them  for  investigation,  and  shall  have  all  the  powers  of  the 
Judge  concerning  the  administration  or  rejection  thereof,  and  shall  note  on  the  record 
all  objections,  the  rulings   thereon   and  the   exceptions   which   may  be   taken;   and   in 


RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK.  769 

cases  where  testimony  is  excluded  they  shall  note  a  brief  statement  by  the  party 
offering  the  same  of  the  facts  lie  expects  to  prove  thereby.  Referees  shall  limit  the 
inquiry  before  them,  to  relevant  and  material  matters,  and  in  case  an  examination 
or  a  cross-examination  is  unnecessarily  prolix,  or  improperly  prolonged,  the  Referee 
may,  in  his  discretion,  limit  the  time  of  such  examinations;  or  he  may  impose  costs, 
including  the  fees  of  the  stenographer  and  other  expenses,  upon  the  party  responsible 
for  the  improper  prolongation. 

RULE  XXIII. 
Petitions  for  Review,  Limitation  of  Time  for. 
A  petition  for  review  of  a  Referee's  order  must  be  filed  with  the  Referee  within 
ten  days  after  the  order  is  made,  unless  such  time  is  extended  before  or  after  expiration 
of  said  ten  days,  by  the  Referee  or  the  Court. 

RULE  XXIV. 
Claims  Need  Not  be  Approved  Where  There  are  no  Assets. 
In  cases  Avhich  show  no  assets  the  Referee  need  not  formally  approve  or  disallow 
any  claims  filed  with  him,  except  on  special  request  or  motion,  but  such  claims  shall 
be  returned  with  the  papers  to  the  Clerk  at  the  conclusion  of  the  case.  If,  in  such  a 
case,  assets  sufficient  to  pay  a  dividend  are  discovered  by  the  Trustee,  such  claims  shall 
be  allowed,  continued  or  disallowed  by  the  Referee  at  the  first  meeting  of  creditors 
after  it  is  determined  that  such  estate  will  pay  a  dividend. 

RULE  XXV. 

Referees  May  Make  Rules  in  Proceedings  Before  Them. 

Referees  may  make  other  general  or  special  rules  for  the  guidance  of  proceedings 

before  them  within  their  respective  territorial  jurisdictions,  and  may  from  time  to  time 

alter  and  amend  the  same,  provided  that  such  rules  shall  not  be  inconsistent  with  the 

provisions  of  the  act,  with  the  general  orders  of  the  Supreme  Court,  or  with  these  rules. 

RULE  XXVI. 
Powers  of  Referees. 
The  referees  heretofore  or  hereafter  appointed  for  the  Western  District  of  New 
York  are  hereby,  respectively,  vested  with  the  jurisdiction  which  by  the  Bankruptcy 
Act  of  July  1,  1898,  and  its  amendments,  and  the  general  orders  of  the  Supreme  Court 
promulgated  at  the  October  Term  of  1898.  the  Court  or  Judge  may  delegate  to  or  confer 
upon  said  Referees;  and  they  are,  respectively,  empowered  and  authorized  to  do  all  acts, 
take  all  proceedings,  make  all  orders  and  decrees,  and  perform  all  duties  so  authorized 
to  be  delegated  by  said  act,  and  said  general  orders,  without  special  authority  in  each 
case,  and  under  the  general  authority  conferred  by  this  order. 

RULE  XXVII. 

Special  Masters,  Fees,  etc. 
Wlien  the  issues  under  Rules  7  and  10  are  referred  to  a  special  master,  he  shall  be 
entitled  to  receive  for  his  services  five  dollars  for  each  day  actually  spent  in  hearing 
such  reference  and  preparing  his  report.  Such  sum  shall  be  chargeable  in  the  first 
instance  to  the  party  opposing  the  adjudication,  discharge  or  composition,  respectively, 
and  indemnity  may  be  demanded  by  the  special  master  before  proceeding  with  the 
hearing.  In  case  the  petiticn  in  an  involuntary  proceeding  be  dismissed  with  costs 
such  sum  may  be  taxed  against  the  jjetitioning  creditors. 


770  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 

If  a  composition  is  not  confirmed,  or  is  set  aside,  sucli  sum  may,  in  the  discretion 
of  the  Court,  be  ordered  paid  by  the  Trustee. 

In  other  cases  when  matters  are  referred  to  the  Referee  as  a  special  master, 
requiring  services  not  devolving  upon  him  by  virtue  of  his  office,  he  shall  receive  a  like 
compensation  which  shall  be  chargeable  in  the  first  instance  to  the  party  bringing  on 
the  reference  and  shall  be  paid  by  the  party  ultimately  defeated  in  such  reference. 

Should  the  reference  in  any  of  such  cases,  be  unusually  difficult  or  extraordinary, 
a  higher  rate  of  compensation  may  be  paid  if  stipulated  by  both  parties  and  sanctioned 
by  the  Judge. 

RULE  XXVIII. 

Referee's  Expenses. 
Referees  shall  be  entitled  to  collect,  as  an  indemnity  against  their  actual  and 
necessary  expenses  in  the  administration  of  estates,  a  sum  not  to  exceed  six  dollars 
from  each  case  referred  to  them,  which  shall  be  paid  by  the  bankrupt  (unless  relieved 
therefrom  by  order  of  the  Referee  or  the  Judge)  in  no  asset  cases,  and  out  of  the 
estate  in  asset  cases;  as  well  as  a  reasonable  sum  in  addition,  dependent  upon  the 
probable  number  of  hearings,  to  be  paid  out  of  the  estate  in  asset  cases  and  to  be  fixed 
by  the  Referee  or  the  Judge;  provided  that  each  Referee  shall,  in  the  reports  required 
by  General  Order  XXVI,  detail  the  amounts  so  collected,  as  well  as  the  way  in  which 
the  same  are  disbursed,  and  to  that  end  Rule  15  is  modified  accordingly. 

RULE  XXIX. 
Monthly  Reports  by  Referees. 
Referees  will  hereafter  be  required  strictly  to  observe  General  Order  XXVI,  and, 
in  making  the  monthly  return  of  receipts  and  disbursements  therein  required,   shall 
substantially  conform  to  the  following  form: 

Referee's  Return  Under  General  Order  XXVI. 
County,  for  the  month  of ,  19 . .  . . 


STATE  OF  XEW  YORK,  ] 

COUXTY  OF (    **  ■ 

,  being  duly  sworn,  says  that  he  is  the  Referee  in 

bankruptcy  for  the  Count of ,  in  the  Western 

District  of  New  York,  and  that  the  following  is  a  true  and  complete  account  of  all  of 
his  receipts  and  disbursements  for  actual  and  necessary  expenses  during  the  month 

of    ,   19.  .  .  .,   in   the  administration   of   estates   in   bankruptcy 

proceedings  referred  to  him,  viz: 

Received. 
1.     Indemnity  under  General  Order  X  and  Rule  XXVIII: 

Re ,      No $ 

Re ,      No 


Also   for   expenses   already    incurred    or   not   collected   by    way   of 
indemnity: 

Re ,      No $ 

Re ,      No 


Total  received 


EULES  IN  WESTERN  DISTRICT  OF  NEW  YORK.  771 

Disbursed. 


For  office  rent    

For  stenographer  

For  clerical  assistance    

For  traveling    

For  publishing  or  mailing  notices. 
For  incidental   expenses    


Total  disbursed 


Credit  (or  debit)  balance,   ,   19. 

Debit  (or  credit)  balance,  month  previous 


Xet  credit    ( or  debit )    balance  to  date $ . 


Sworn  to  before  me  this   . .  . 
day  of ,  19 . 


RULE  XXX. 
Receivers,  Appointment  of,  Allowances  to  and  Accounts  of. 
The  District  Judga  of  this  district  shall  appoint  all  receivers  in  voluntary  and 
involuntary  proceedings,  make  all  orders  for  their  direction,  make  all  orders  for  the  dis- 
position of  property  in  the  hands  of  receivers,  and  on  report  of  the  Keferee  showing 
compliance  with  section  48  of  the  Bankruptcy  Act,  as  amended,  finally  settle  their 
accounts  and  allowances.  Referees  may  appoint  receivers  in  volimtary  proceedings 
when  the  District  Judge  is  absent  from  the  District  upon  receiving  a  certificate  from 
the  Clerk  to  that  effect. 

RULE  XXXI. 
Allowance  to  Attorneys,  Trustees,  Appraisers,  etc. 
All  allowances  made  by  referees  for  compensation  of  attorneys  for  petitioning 
creditors  or  the  bankrupt,  or  the  trustee  or  receivers,  and  disbursements,  fees  of 
uppraisers,  and  allowances  and  commissions  to  trustees  and  special  mastersi  to  be  paid 
out  of  the  bankrupt  estate  must  be  submitted  to  the  District  Judge  for  his  approval  or 
modification  before  the  same  shall  be  paid.  Referees  are  directed  not  to  allow  any 
attorney  for  any  receiver  or  trustee  more  than  twice  the  statutory  allowance  of  the 
receiver  or  trustee  for  whom  he  is  attorney  in  the  case.  If,  in  the  opinion  of  the 
Referee,  a  greater  compensation  should  be  awarded,  the  Referee  shall  certify  concisely 
to  the  Court  the  grounds  of  his  opinion  and  the  amount  of  the  receiver's  or  trustee's 
fee  allowed.  Applications  for  additional  compensation  in  all  cases,  either  on  certificate 
or  independently  thereof,  shall  be  heard  as  motions  on  the  Tuesday  Bankruptcy  Motion 
Calendar.      (Amended  December  31,  1914.) 

RULE  XXXII. 
Attorneys  for  Receivers,  Trustees,  Appointment  of,  etc. 
Receivers  and  trustees  in  bankruptcy  are  directed  not  to  retain  as  their  attorney 
or  counsel  the  attorney  or  counsel  of  the  petitioning  creditors  or  of  the  bankrupt,  or 
the  attorney  at  whose  instance  the  receiver  was  appointed,  or  of  any  creditor,  unless  a 
special  order  authorizing  such  employment  is  obtained  from  the  Judge  before  adjudica- 
tion, and  after  adjudication,  from  the  Referee. 


772  RULES  IN  WESTERN  DISTRICT  OF  NEW  YORK. 

RULE  XXXIII. 

Attorneys  Holding  or  Voting  Proxies. 

Any  attorney  or  counsel  who  has  secured  proxies  and  voted  upon  the  election  of 

Trustee  or  who  is  the  attorney  for  persons  holding  such  proxies  shall  not  be  retained 

by  the  Trustee  without  first  obtaining  an  order  of  the  Court  authorizing  such  retainer. 

RULE  XXXIV. 

Inventories.  When  and  Where  to  be  Filed. 

For  the  convenience  of  creditors  of  bankrupts  and  their  attorneys,  all  inventories 

made  by  receivers  and  trustees  of  bankrupt  estates  must  be   made  in  duplicate,  one  of 

Avhich  shall  be  filed  with  the  Clerk  of  this  Court  within  ten  days  after  completion,  and 

the  other,  with  the  Referee  having  charge  of  the  case. 

Depositories  in  Bankruptcy — Western  District  of  New  York. 
Cuba  National  Bank.  Cuba,  N.  Y. 
Salamanca  National  Bank,  Salamanca,  N.  Y. 
Lake  Shore  National  Bank,  Dunkirk,  N.  Y. 
Merchants'  National  Bank,  Dunkirk,  N.  Y. 
Bank  of  Jamestown,  Jamestown,  N.  Y. 
Merchants'  National  Bank,  Elmira,  N.  Y. 
Second  National  Bank,  Elmira,  N.  Y. 
Columbia  National  Bank,  Buff'alo,  N.  \^. 
Manufacturers  and  Traders'  National  Bank,  Buff'alo,  N.  Y. 
Marine  National  Bank,  Buff'alo,  N.  Y. 
Third  National  Bank,  Buffalo,  N.  Y. 
First  National  Bank  of  Batavia,  Batavia,  N.  Y. 
Lincoln  National  Bank,  Rochester,  N.  Y. 
Fidelity  Trust  Company,  Rochester,  N.  Y"". 
Central  Bank,  Rochester,  N.  Y'". 
National  Bank  of  Commerce,  Rochester,  N.  Y. 
The  National  Bank  of  Rochester,  Rochester,  N.  Y'. 
The  Exchange  Bank,  Lockport,  N.  Y. 
Niagara  County  National  Bank,  Lockport,  N.  Y. 
Niagara  Falls  Trust  Company,  Niagara  Falls,  N.  Y. 
Canandaigua  National  Bank,  Canandaigua,  N.  Y. 
First  National  Bank,  Geneva,  N.  Y. 
First  National  Bank,  Tonawanda,  N.  Y. 
Citizens'  National  Bank,  Albion,  N.  Y. 
Orleans  County  National  Bank,  Albion,  N.  Y. 
Union  Bank  of  Medina,  INIedina,  N.  Y. 
Glen  National  Bank,  Watkins,  N.  Y. 
Exchange  National  Bank,  Seneca  Falls,  N.  Y'. 
Citizens'  National  Bank,  Hornell,  N.  Y. 
First  National  Bank,  Newark,  N.  Y. 
Bank  of  Attica,  Attica,  N.  Y. 
Wyoming  County  National  Bank,  Warsaw,  N.  Y. 


DISTRICT  OF  MASSACHUSETTS. 


RULE  I. 

Petitions  and  schedules  shall  conform  in  size  and  arrangement  to  the  blanks  now 
in  use  in  this  district,  and  other  papers  filed  shall  conform  to  such  blanks  as  nearly  as 
may  be,  provided,  however,  that  if  any  paper  is  presented  for  filing  which  is  of  a  dif- 
ferent size,  the  Clerk  may  in  his  discretion  file  it.  All  papers  shall  be  written  legibly, 
or  printed. 

RULE  II. 
Amendments  to  the   schedule   shall   be   sworn  to  and  filed  in  triplicate   with  the 
Clerk,  or  with  the  Referee. 

RULE  III. 
Each  item  in  the  schedule  not  otherwise  filled  out,  shall  be  carried  out  by  the  entry 
"  nothing." 

RULE  IV. 
The  address  of  creditors  residing  in  cities  and  large  towns  shall  be  given  by  street 
and   number.     If   either   street   or   number    is   unknown,   it   sliall   be    so   stated   in   the 
schedule. 

RULE  V. 
An  individual  petition  filed  by  a  member  of  the  firm  which  is  not  insolvent,  shall 
contain  the  names  and  residences  of  all  members  of  the  firm.     The  schedules  of  said 
petition  shall  show  the  diflerent  classes  of  debts. 

RULE  VI. 

The  petition  of  a  corporation  shall  be  signed  by  its  treasurer,  cashier  or  chief 
financial  oificer.  The  petition  of  a  banking  corporation  shall  be  signed  by  its  president, 
cashier  or  treasurer.  If  by  affidavit  or  otherwise  it  appears  that  no  such  officer  is 
within  the  district,  the  petition  may  be  signed  by  any  officer  or  agent  of  the  corpora- 
tion having  knowledge  of  the  facts,  and  duly  authorized  by  the  petitioner. 

RULE  VII. 
A  bankrupt  intending  to  offer  terms  of  composition  to  his  creditors,  may  notify 
the  Referee  of  his  intention  to  do  so,  before  the  order  for  the  first  meeting  is  made; 
and  in  such  case,  the  Referee  shall  include  in  the  notice  of  the  first  meeting  a  state- 
ment of  the  terms  of  composition  to  be  proposed. 

RULE  VIII. 

In  case  of  composition  the  deposit  shall  be  sufficient  to  pay  the  proposed  percentage 
upon  all  unsecured  debts  scheduled  by  tlie  bankrupt,  unless  the  Court  should  otherwise 
order. 

RULE  IX. 

Upon  the  acceptance  of  terms  of  composition  by  the  creditors,  the  Referee  shall 
send  to  the  Clerk's  office  a  list  of  the  claims  proved,  and  his  report  concerning  (1)  the 
examination  of  the  bankrupt,  (2)  the  terms  of  composition  and  the  acceptance  thereof, 
(3)  the  cost  of  proceedings  before  the  Referee,  including  those  of  the  Trustee,  (4)  the 
sufficiency  of  the  deposit,  and   (5)  the  propriety  of  confirming  the  composition. 

[773] 


774  RULES  IN  DISTRICT  OF  MASSACHUSETTS. 

RULE  X. 

A  trustee  shall  be  allowed  additional  compensation  for  professional  services  ren- 
dered in  the  administration  of  the  estate  only  when  the  Referee,  before  the  services 
are  rendered,  shall  have  authorized,  in  writing,  the  Trustee  to  make  additional  charge 
therefor.  This  may  be  done  in  the  discretion  of  the  Referee,  when  he  is  of  opinion 
that  the  services  are  necessary,  can  be  most  efficiently  rendered  by  the  Trustee,  and  are 
not  included  in  the  duties  imposed  upon  the  Trustee  by  the  Bankrupt  Act. 

RULE  XI. 

An  itemized  accoimt  shall  be  annexed  to  the  proof  of  debt  in  every  case  wliere 
this  is  possible. 

RULE  XII. 

An  assignment  of  the  right  to  collect  and  receive  a  dividend  in  bankruptcy  or  a 
payment  in  comjiosition,  or  a  waiver  of  the  deposit  in  Court  of  the  consideration  to  be 
paid  by  the  bankrupt  to  a  creditor  in  a  case  where  a  composition  has  been  offered, 
shall  be  acknowledged  before  an  officer  authorized  to  administer  oaths,  who  shall  certify 
that  the  assignor  or  waiving  creditor  is  personally  known  to  him. 

No  such  waiver  shall  be  good  or  valid  unless  the  waiving  creditor  sliall  have  filed  a 
proof  of  his  claim. 

RULE  XIII. 

Upon  an  order  for  the  examination  of  a  bankrupt  or  other  witness,  any  person 
interested  may  carry  on  the  examination  as  effectually  as  the  person  at  whose  instance 
the  order  was  made,  and  any  person  interested  may  take  iip  and  support  a  motion  or 
petition  filed  by  another  person. 

RULE  XIV. 

A  petition  under  General  Order  XXVII  for  the  review  of  a  judgment,  order  or  find- 
ing made  by  a  Referee,  sliall  be  filed  within  ten  days  after  the  order  is  made,  unless  the 
time  of  filing  is  extended  by  tlie  Court.  A  party  to  such  petition  who  desires  to  intro- 
duce evidence  other  than  that  taken  before  the  Referee  shall  apply  in  writing  to  the 
Judge  for  leave  to  do  so,  and  shall  state  in  his  application  the  substance  of  the  addi- 
tional evidence  to  be  offered,  and  the  reason  of  his  failure  to  introduce  it  before  the 
Referee. 

RULE  XV. 

A  petition  for  a  rehearing  shall  set  out  the  special  matter  or  cause  for  which  tlie 
rehearing  is  sought.  It  shall  be  signed  by  counsel,  and  the  facts  therein  stated,  if  not 
apparent  on  the  record,  shall  be  verified  by  oath. 

RULE  XVI. 

The  attorney  of  record  of  the  bankrupt  shall  not  act  for  any  creditor  or  for  the 
Trustee  in  bankruptcy  proceedings. 

RULE  XVII. 

Either  at  the  time  of  filing  schedules  in  bankruptcy,  or  amendments  thereto,  or  as 
soon  as  may  be  thereafter,  the  bankrupt  shall  file  with  the  Clerk  or  with  the  Referee, 
in  triplicate,  a  typewritten  list  of  the  creditors  alphabetically  arranged,  with  their 
addresses  —  one  for  the  use  of  the  Clerk,  one  for  the  use  of  the  Referee,  and  one  for 
the  use  of  the  Trustee. 

STAJfDING  ORDERS. 

I. 

Motions  in  all  matters  in  bankruptcy  may  be  marked  for  hearing  on  Monday  of 
each  week,  except  during  August,  at  two  o'clock  p.  m. 


RULES  IN  DISTRICT  OF  MASSACHUSETTS.  775 

Any  party  interested  may  set  down  for  licaring  any  of  the  matters  referred  to  in 
this  rule  by  delivering  or  mailing  notices  thereof  in  writing  to  the  Clerk  of  the  Court 
and  the  opposing  party  no  later  than  the  preceding  Tliursday,  a  certificate  specifying 
all  parties  to  whom  notice  was  given  and  the  date  of  such  notice  to  be  filed  before  the 
hearing. 

II. 

Tlie  accounts  of  referees  returned  to  Court  under  General  Order  XXVI  shall  be  filed 
with  the  Clerk  and  may  thereafter  be  examined  by  any  person  interested.  If  no  objec- 
tion to  their  allowance  is  filed  within  ten  days  of  their  return  they  shall  stand  as 
allowed  without  further  order. 

III. 

Immediately  after  the  disbursement  of  money  to  creditors  in  a  bankruptcy  case  the 
commissions  of  the  Referee  and  Trustee  ou  such  money  shall  be  due  and  payable. 


DISTRICT  OF  CONNECTICUT. 


RULE  I. 

Petition  should  state  both  debtor's  residence  and  principal  place  of  business  during 
preceding  six  months  or  greater  part  thereof. 

RULE  II. 

All  petitions,  schedules,  and  other  papers  should  be  on  paper  eight  (8)  inches  »vide 
and  tliirteen  (133  inches  long. 

All  papers  filed  must  be  legibly  written  or  printed  on  paper  with  a  margin  of  at 
least  one  and  one-half  (P/^)  inches  on  the  upper  end  of  each  page,  and  one  (1)  inch  on 
the  left  of  each  page.  They  should  be  properly  folded  and  endorsed  outside,  ( 1 )  with 
number  of  case;  (2)  title  of  Court;  (3)  title  of  case;  (4)  character  of  paper;  (5)  name 
and  address  of  attorney  presenting  same. 

In  involuntary  cases,  as  many  copies  of  the  petition  should  be  filed  as  there  are 
parties  defendant,  with  one  more  for  the  Clerk. 

RULE  III. 

Petitioners  making  no  deposit  for  officers'  fees  should  be  examined  by  the  Referee 
in  regard  to  their  means.  If  he  is  not  satisfied  as  to  the  inability  of  the  bankrupt  to 
make  a  deposit,  he  should  so  report  to  the  Court,  and  further  proceedings  will  meantime 
be  stayed. 

RULE  IV. 

Writs  of  subpoena  in  involuntary  cases  should  be  made  returnable  on  the  first  Mon- 
day after  filing  of  petition,  which  will  allow  six  days'  notice  to  be  served  on  the  debtor. 
The  writ  should  contain  notice  to  the  debtor  or  defendant  tliat  he  need  not  appear  on 
the  return  day,  and  that  five  days  are  allowed  thereafter  for  such  appearance  and 
answer. 

In  case  the  debtor  is  not  found  to  be  served,  the  -Marshal  shall  forthwith  make 
return  of  such  fact  to  the  Court,  and  the  Clerk  shall  issue  an  order  for  publication  of 
notice  of  pendency  of  such  petition  and  of  the  return  day  thereon  two  times  in  some 
newspaper  published  near  the  last  place  of  debtor's  abode,  and  until  fifteen  days  after 
such  notice  shall  have  been  published,  no  adjudication  or  reference  shall  be  made. 

RULE    V. 
Notice  of  the  first  meeting  of  creditors  shall  be  published  but  once  unless  otherwise 
specially  ordered. 

RULE  VI. 
A  bankrupt  intending  to  off'er  terms  of  composition  to  his  creditors  may  notify  the 
Referee  of  his  intention  to  do  so  before  the  order  for  the  first  meeting  is  made;  and  in 
such  case  the  Referee  shall  include  in  the  notice  of  the  first  meeting  a  statement  of  the 
terms  of  composition  to  be  proposed. 

RULE  VII. 

Applications  for  discharge  or  for  confirmation  of  composition  must  be  filed  in 
Court,  and  shall  be  at  once  referred  to  the  Referee  in  Bankruptcy  having  charge  of  the 
case,  as  special  master,  who  may  require  a  deposit  in  cash  to  cover  the  expenses  of  such 
application. 

[776] 


RULES  IN  DISTRICT  OF  CONNECTICUT.  777 

Such  Special  Master  shall  thereupon  appoint  a  time  and  place  for  the  consideration 
of  such  application,  and  for  the  attendance  and  examination  of  the  bankrupt,  and  for 
appearance  to  show  why  such  application  should  not  be  granted;  and  such  Special  Mas- 
ter, at  least  ten  days  before  the  time  so  specified,  shall  mail  to  each  known  creditor  a 
notice  thereof;  and  cause  the  same  to  be  once  published,  which  notice  shall  be  substan- 
tially in  the  following  form:     viz.: 

District  Court  of  the  United  States 
District  of  Connecticut. 

In  the  matter  of ,  Bankrupt. 

(Upon  Petition  for  Discharge.) 
(Upon  Confirmation  of  Composition.) 

Notice  is  hereby  given  that   of  in  the 

County  of and  State  of  Connecticut,  has  filed  his  application,  dated 

A.  D.  191  ....  for  a  discharge  from  all  his  debts  in  bankruptcy  (a  confirma- 
tion of  composition  of per  cent  proposed  by  him) ,  and  that  all  his  creditors  and 

other  persons  interested  objecting  to  such  discharge   (confirmation)  may  attend  before 

Special  Master,  at  his  office  in   Conn.,  on  the 

day  of ,  19 .  .  .  . ,  at o'clock, M.,  then  and  there  to  examine 

the  bankrupt,  and  to  show  cause,  if  any  they  have,  why  such  discharge  should  not  be 
granted  (composition  sliould  not  be  confirmed),  and  to  determine  whether  or  not  to 
authorize  the  Trustee  to  interpose  objections  to  such  discliarge. 

The  Special  ^Master  will  take  all  examinations  on  such  application  and  if  specifi- 
cations in  opposition  are  filed,  will  take  evidence  thereon  and  ascertain  and  report  the 
facts  and  forward  the  papers  in  the  proceedings  under  such  order  to  the  Judge. 

Each  member  of  a  bankrupt  partnership  should  proceed  for  a  discharge  by  separate 
application. 

RULE  VIII. 

Specifications  in  opposition  to  discharge  or  confirmation  of  composition  must  be 
verified  by  the  party  interposing  same,  and  filed  in  duplicate  with  the  Special  Master 
within  ten  days  after  the  said  return  day  one  of  which  duplicates  shall  be  forthwitli 
mailed  by  the  Special  Master  to  the  bankrupt  or  his  attorney. 

RULE  IX. 

In  cases  where  a  person  shall  be  entitled  to  have  a  trial  by  jury  and  sliaJl  have 
duly  applied  therefor,  the  cause  may  be  continued  to  the  next  regular  term  of  the 
District  Court. 

After  a  cause  shall  be  placed  on  the  trial  calendar  it  may  be  passed  over  to  another 
day  of  the  same  term  by  consent  of  counsel  or  order  of  the  Court,  but  shall  not  be  con- 
tinued beyond  the  term  save  in  exceptional  cases  by  order  of  the  Court  upon  good  cause 
shown  by  afliidavit  and  upon  such  terms  as  the  Court  shall  in  its  discretion  impose. 
Continuances  beyond  the  term  by  consent  of  the  parties  shall  be  allowed  on  condition 
only  that  a  stipulation  be  signed  by  counsel  for  all  the  parties  and  that  all  costs 
incurred  theretofore  be  paid.  Thereupon  an  order  shall  be  entered  dropping  the  case 
from  the  trial  calendar,  subject  to  reinstatement  within  one  year  upon  application  to 
the  court  by  either  party,  in  which  event  it  shall  be  heard  at  the  earliest  convenient 
day.  If  not  so  reinstated  within  the  year,  the  suit  shall  be  dismissed  without  prejudice 
to  a  new  one. 

RULE  X. 

General  Order  No.  XXIV  shall  not  be  construed  to  require  Referees  to  transmit  to 
the  Clerk  any  statement  of  proof  of  debt  until  he  shall  have  reason  to  believe  that  all 
claims  have  been  proved,  nor  shall  Order  No.  XXVI  be  construed  to  require  Referees  to 
return  to  the  Judge  other  than  his  general  monthly  reports  of  expenses  which  need  not 
apportion  such  expenses  to  each  particular  case,  unless  required  by  further  order. 


778  RULES  IN  DISTRICT  OF  CONNECTICUT. 

RULE  XI. 

The  money  of  the  bankrupt  estate  shall  be  deposited  in  designated  depositories,  in 
the  name  of  the  estate  of  which  the  Trustee  or  Receiver  has  been  appointed,  and  drawn 
out  only  by  check  or  warrant  signed  by  the  Trustee  or  Trustees  or  Receiver  of  the 
estate,  and  countersigned  by  the  Referee  acting  in  the  case,  who  is  hereby  designated 
to  countersign  such  checks.  There  shall  be  written  or  printed  on  the  face  of  each  check 
so  drawn,  a  brief  statement  of  the  general  purpose  for  which  the  disbursement  is  made, 
and  the  Trustee  or  Trustees  or  Receiver  of  each  estate  shall  keep  a  record  of  all  checks 
drawn  by  him  in  the  manner  prescribed  in  General  Order  XXIX. 

RULE  XII. 

No  Trustee  shall  engage  in  litigation  in  behalf  of  the  estate,  either  for  the  purpose 
of  securing  assets  or  contesting  the  claims  of  a  creditor  without  the  approval  of  the 
Referee. 

RULE    XIII. 

Any  order  or  finding  of  a  Referee  may,  under  proper  circumstances  be  reconsidered, 
vacated  or  modified  by  him  at  any  time  while  the  case  in  which  the  order  or  finding  is 
made  is  still  pending  before  him. 

A  petition  for  review  of  a  Referee's  order  must  be  filed  with  the  Referee  -within  ten 
days  after  the  order  is  made,  unless  such  time  is  extended  by  the  Referee. 

Notice  of  the  filing  of  a  decision  of  the  Judge  upon  a  petition  for  review  of  a 
Referee's  order  shall  be  given  to  the  Referee  by  the  Clerk. 

RULE  XIV. 

Costs  in  actions  by  creditors  in  which  an  attachment  has  been  dissolved  by  the 
adjudication  in  bankruptcy  shall  be  entitled  to  priority  only,  where  they  have  neces- 
sarily been  incurred  in  good  faith,  and  have  resulted  in  preserving  the  assets  of  the 
debtor.  Claims  for  such  costs  shall  be  proven  in  the  name  of  the  creditor,  but  may  be 
verified  by  the  attorney,  in  the  action  as  agent  or  attorney  for  the  creditor. 

RULE  XV. 

Referees  are  authorized  to  permit  the  amendment  of  petitions  and  schedules  upon 
the  application  of  the  bankrupt,  and  may,  upon  their  own  action,  require  the  bankrupt 
to  amend  the  schedules  or  petition. 

Schedules  shall  give  the  last  known  post  office  address  of  the  creditors  named 
therein,  with  street  and  number  when  possible. 

RULE  XVI. 

When  any  attorney  shall  be  entitled  to  the  allowance  of  a  fee  for  professional 
services  rendered  to  the  bankruj)t,  the  petitioning  creditor  in  involuntary  proceedings, 
the  Trustee  or  Receiver,  he  shall  file  with  the  Referee  a  verified  petition  stating  the 
nature  and  character  of  the  services  performed  by  him  and  the  amount  he  claims  there- 
for, and  praying  that  the  same  may  be  allowed.  The  Referee  shall  consider  such  peti- 
tion, and  shall  allow  said  attorney  such  sum  as  may  be  just. 

RULE  XVII. 

Within  the  first  month  after  his  appointment  and  at  the  expiration  of  every  two 
months  tliereafter,  the  Trustee  or  Receiver  shall  file  with  tlie  Referee  a  report  in  writ- 
ing of  the  condition  of  the  assets  of  the  estate,  giving  full  detail  of  his  actions  as  such 
Trustee  or  Receiver. 

RULE    XVIII. 

\\niere  the  bankrupt  has  no  property  of  value  other  than  such  as  is  exempt,  and 
no  assets  Iiave  come  into  the  hands  of  the  Trustee,  it  shall  be  unnecessary  to  call  a 
final  meeting  of  creditors,  and  the  Trustee  shall  be  entitled  to  execute  a  discharge  from 


RULES  IN  DISTRICT  OF  CONNECTICUT.  779 

his  trust  by  filing  a  report  with  the  Referee,  stating  sucli  facts  and  making  it  appear  to 
the  satisfaction  of  the  Referee  that  there  is  no  property  of  the  bankrupt  available  as 
assets  of  the  estate. 

RULE  XIX. 
Where  it  appears  that  the  bankrupt  has  no  property  of  value  except  such  as  is 
exempt,  the  Referee  shall  not  be  required  to  proceed  with  the  administration  of  the 
estate,  or  to  take  any  action  therein  until  the  petitioner  has  depos.ted  with  the  Referee 
a  sum  sufficient  to  cover  the  costs  of  advertising,  printing,  and  other  expenses  incident 
to  the  administration  of  the  estate. 

RULE  XX. 

Money  deposited  to  effect  a  composition  shall  be  deposited  in  tlie  name  ot  the 
Receiver  or  Trustee,  if  one  has  been  appointed,  and  checks  against  the  same  shall  be 
countersigned  by  the  Referee.  If  no  Receiver  or  Trustee  has  been  api)ointed,  the 
deposit  shall  be  in  the  name  of  the  Referee. 

Where  any  part  of  the  consideration  to  be  distributed  under  the  proposed  composi- 
tion shall  consist  of  promissory  notes,  they  shall  be  delivered,  promptly  executed,  to 
the  Referee,  and  upon  his  order  they  shall  be  sent  by  the  Trustee  or  Receiver  by  regis- 
tered mail  to  the  respective  creditors  entitled  to  receive  them. 

RULE  XXL 

\Mien  there  are  no  assets  and  no  Trustee  has  been  appointed,  or  applied  for,  after 
a  hearing  of  tlie  creditors  duly  called,  unless  dispensed  with  by  order  of  Court,  the  case 
shall  be  deemed  closed  for  the  purpose  of  the  payment  by  the  Clerk  to  the  Referee  of 
the  deposit  for  his  services  when  a  discharge  has  been  grantt^d  or  refused  to  the  bank- 
rupt, or  when  three  months  have  elapsed  after  the  first  meeting  of  creditors  without 
any  application  by  the  bankrupt  for  his  discharge. 

Where  a  Trustee  has  been  appointed,  the  case  shall  be  deemed  closed  and  the 
deposit  for  his  service  paid  to  him  on  the  confirmation  of  a  composition,  or  on  approval 
of  the  Trustee's  final  account  and  payment  of  the  final  dividend,  or  upon  the  Trustee's 
verified  report  that  no  assets  have  come  into  his  hands  or  Avere  discoverable.  When 
the  case  is  closed,  if  no  Trustee  has  been  appointed,  the  deposit  for  Trustee's  services 
shall  be  paid  by  the  Clerk  to  the  petitioner's  attorney. 

RULE  XXII. 

The  notice  required  to  creditors  of  application  to  dismiss  bankruptcy  proceedings, 
both  voluntary  and  involuntary,  luider  section  50g,  of  the  Bankrupt  Law  of  July  1, 
ISOS,  before  adjudication  and  reference  shall  be  by  notice  signed  by  the  Clerk  and 
inserted  two  times  in  some  newspaper  published  near  the  residence  of  the  bankrupt 
named,  at  least  ten  days  before  any  order  of  dismissal  shall  be  made. 

After  adjudication  and  reference,  the  notices  given  to  creditors  shall  be  such  as  the 
Referee  may  order. 

If  any  creditor  shall  appear  in  opposition  to  the  dismissal  within  ten  days,  the 
matter  in  issue  shall  be  placed  on  the  bankruptcy  calendar  for  disposition  on  the  next 
motion  day  in  bankruptcy  at  Hartford. 

RULE  XXIII. 

When  a  motion  for  an  injunction  is  pending  or  is  about  to  be  made,  the  Referee 
may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt,  or  otherwise,  grant  a 
temporary  restraining  order  staying  proceedings  until  the  motion  is  determined.  In 
case  all  parties  in  interest  agree  that  said  motion  be  heard  by  the  Referee  in  charge, 
they  may  file  with  the  Referee  a  written  stipulation  to  that  effect.  The  decision  of 
the  Referee  on  such  motion  shall  be  filed  with  the  Clerk,  and  if  the  Referee  decides  that 
an  injunction  shall  issue,  an  Order  to  that  etTect  may  be  made  by  the  Judge. 


780  RULES  IN  DISTRICT  OF  CONNECTICUT. 

RULE  XXIV. 

Referees  and  Special  Masters  may  pass  upon  the  competency,  materiality,  and  rele- 
vancy of  evidence  in  matters  properly  before  them  for  investigation,  and  shall  have  all 
the  powers  of  the  Judge  concerning  the  admission  or  rejection  thereof,  and  shall  note 
on  the  record  all  objections,  the  rulings  thereon,  and  the  exceptions  which  may  be 
taken;  and  in  cases  where  testimony  is  excluded,  they  shall  note  a  brief  statement  by 
the  party  offering  same  of  the  facts  he  expects  to  prove  thereby.  Referees  and  Special 
Masters  shall  limit  the  inquiry  before  them  to  relevant  and  material  matters,  and  in 
case  an  examination  or  cross-examination  is  unnecessarily  prolix,  or  improperly  pro- 
longed, they  may,  in  tlieir  discretion  limit  the  time  of  such  examination,  and  may 
impose  costs,  including  the  fees  of  the  stenographer  and  other  expenses,  upon  the  party 
responsible  for  the  improper  prolongation. 

RULE  XXV. 

The  Judge  will  hear  matters  in  bankruptcy  on  the  first  Monday  of  every  month, 
in  the  year,  except  July  and  August,  at  2  p.  m.,  unless  otherwise  ordered. 

Parties  desiring  to  be  heard  upon  any  motion  in  any  case  in  which  a  proper  appear- 
ance has  been  made  for  the  opposing  party,  must  serve  notice  of  such  motion  and  copy 
of  the  papers  upon  which  it  is  based,  on  the  opposing  party  at  least  five  days  prior  to 
the  date  of  the  expected  hearing,  and  must  return  such  notice  or  motion  papers  into 
the  Clerk's  office  within  one  day  thereafter. 

RULE  XXVI. 

In  petitions  for  involuntary  bankruptcy,  or  in  an  affidavit  filed  with  such  petitions, 
the  probable  value  of  the  assets  of  the  alleged  bankrupt  shall  be  stated.  In  all  cases 
in  which  such  value  shall  amount  to  $1,000  or  more,  an  order  appointing  one  of  the 
Referees  in  Bankruptcy  a  Special  Master  in  the  case  shall  be  annexed  to  the  petition. 
Thereupon  the  Receiver,  if  one  is  appointed,  or  if  no  Receiver  is  aj^pointed,  the  attorney 
for  the  petitioning  creditors  shall  make  and  file  Avith  the  designated  Master,  as  com- 
plete a  list  of  the  names  and  addresses  of  the  creditors  as  can  be  immediately  ascer- 
tained. The  Master  may  call  a  meeting  of  the  alleged  bankrupt's  creditors  upon  five 
days'  notice  to  the  creditors  named  in  such  list;  at  which  meeting  the  Heceiver,  if 
one  has  been  appointed,  shall  make  a  report  of  the  condition  of  the  estate  and  the 
creditors  may  appoint  a  committee,  or  take  such  action  in  the  case  as  they  see  fit. 

RULE  XXVil. 

When  a  Receiver  is  appointed  prior  to  adjudication  and  order  of  reference,  the 
Clerk  shall  forthwith  send  to  the  Referee  to  whom  the  case  is  to  be  referred,  a  cer- 
tified copy  of  the  order  of  appointment,  and  of  any  other  order  made  in  the  case  prior 
to  the  order  of  reference. 

RULE  xxvni. 

If  the  entire  assets  of  the  estate  in  excess  of  the  amount  necessary  to  pay 
expenses  of  administration  and  the  debts  which  have  priority  do  not  exceed  five  per 
cent  of  the  claims  which  have  been  proved  at  the  date  of  the  hearing  upon  the  Trustee's 
first  account,  and  if  the  estate  is  then  ready  to  be  closed,  the  first  dividend  may  be 
omitted,  and  a  final  and  only  dividend  may  be  declared  at  that  time  and  the  estate 
closed. 

RULE  XXIX. 

Duplicates  of  all  pleadings  shall  be  made  and  filed  in  the  Clerk's  office,  one  copy  of 
which  shall  be  forthwith  transmitted  bv  mail  to  the  Referee. 


DISTRICT  OF  NEW  JERSEY. 

Adopted  September  1,  1915. 


RULE  I. 


Notice  of  Motions  and  Other  Hearings. 
Motions  must  be  noticed  and  orders  to  show  cause  must  be  made  returnable  on 
motion  days.  If  noticed  for  any  other  day,  except  by  leave  of  the  Judge,  the  notice 
will  be  treated  as  a  nullity.  Notice  of  motion  must  be  served  at  least  five  days  before 
the  time  appointed  for  the  hearing.  The  Judge  or  Referee  may,  upon  an  affidavit 
showing  grounds  therefor,  make  an  order  to  show  cause  why  the  relief  demanded 
should  not  be  granted.  WTien  not  otherwise  specially  provided  for  by  law,  all  notices 
of  other  hearings  and  proceedings  in  bankruptcy  shaU  conform  to  the  foregoing  pro- 
visions as  to  notices  of  motion.  All  proofs  of  service  of  notices,  notes  of  issue,  etc., 
sliall  be  in  the  hands  of  the  Clerk  at  Trenton  by  the  Saturday  prior  to  the  motion  day 
upon  which  the  said  motion  is  to  be  argued. 

RULE  II. 
Filing  Petition  —  Deposit  of  Fees. 
All  petitions  and  schedules  shall  be  originals  (duplicate  and  triplicate  may  be  in 
carbon,  but  each  page  of  all  schedules  must  be  signed  by  the  petitioner  or  bankrupt, 
and  full  sets  must  be  filed;  if  there  are  no  items,  the  word  "none"  shall  be  inserted) 
and  shall  be  filed  in  triplicate  with  the  Clerk  in  Trenton  or  Newark.  At  the  time  of 
filing  a  petition  thirty  dollars  shall  be  paid  to  the  Clerk  by  the  petitioner,  except  in 
cases  where  a  petition  is  filed  by  a  voluntary  bankrupt  in  forma  pauperis,  being  ten 
dollars  for  the  Clerk,  fifteen  dollars  for  the  Referee  and  five  dollars  for  the  Trustee. 
In  involuntary  cases  a  deposit  of  ten  dollars  for  serA'ice  fees  shall  also  be  made  with 
the  United  States  Marshal  when  petition  is  filed,  the  unused  balance  of  which  he  shall 
immediately  return.  In  case  the  petition  is  dismissed  it  shall  be  the  duty  of  the  Clerk 
fortliwith  to  return  to  the  petitioner,  or  his  attorney,  the  unused  portion  of  the  amount 
deposited  for  the  fees  of  the  Referee  and  Trustee,  respectively.  When  the  Judges  are 
Tjoth  absent  from  the  district  it  shall  be  the  duty  of  the  Clerk  to  enter  an  order  as  pro- 
vided in  Form  No.  15,  reciting  such  absence,  and  referring  the  case  to  the  proper 
Referee.  When  either  of  the  Judges  is  present,  a  Court  order  shall  be  entered  as  pro- 
vided in  Form  No.   14. 

RULE  III. 

Proceedings  in  Counties  Where  There  Is  No  Referee. 
In  case  a  petition  is  filed  by  or  against  a  bankrupt  who  resides  in  any  county  where 
there   is   no   Referee   or   where   the   Referee    is   disqualified,   absent,    sick   or   otherwise 
unable  to  act,  the  reference  shall  be  made  to  such  Referee  as  the  Court  may  select. 

RULE  IV. 
Petition  in  Forma  Pauperis. 

In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt  which  is  accompanied 
by  an  affidavit  under  subdivision  2  of  section  51  of  the  act,  it  shall  be  the  duty  of 
the  Clerk  to  file  said  petition  without  the  paj-ment  of  the  fees  provided  for  by  law. 
If  the  Clerk  or  the  Referee  to  whom  said  petition  is  referred  has  reason  to  believe  such 

[781] 


782  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

affidavit  is  false,  he  may  file  a  ct-rtilicate  to  that  effect  and  cause  the  bankrupt  to  be 
examined.  If  upon  such  examination  the  Referee  reports  in  writing  that  the  statements 
contained  in  such,  affidavit  are  false,  and  that  the  bankrupt  has  or  can  obtain  money 
with  which  to  pay  said  fees,  such  report  shall  be  sufficient  proof  upon  which  to  base 
proceedings  under  subdivision  4  of  General  Order  No.  XXXV. 

RULE  V. 
Referees  to  Fix  Time  and  Place  for  Hearings. 

The  Clerk  shall  mail  a  copy  of  the  order  of  reference  to  the  Referee,  and  thereafter 
all  proceedings,  except  such  as  are  required  by  the  act  or  by  the  general  orders,  to  be 
had  before  a  Judge  of  the  Court  shall  be  had  before  the  Referee,  who  shall  fix  the  time 
when  and  the  place  where  he  will  act  upon  the  matters  arising  in  the  case. 

If  the  time  and  place,  or  either,  named  in  the  order  of  reference  be  manifestly 
inconvenient  as  a  place  of  meeting  for  the  parties  in  interest,  the  Referee  may  fix  a 
more  convenient  time  and  place  and  give  the  bankrupt,  all  creditors  and  parties  in 
interest  timely  notice  of  the  change.     (See  section  55  of  the  Bankruptcy  Act.) 

RULE   VI. 
Involuntary  Petition  —  Notice  to  Debtor  —  Reference  on  Default. 

Two  original  involuntary  petitions  must  be  filed  in  cases  where  there  is  only  one 
alleged  bankrupt,  and  as  many  more  original  petitions  shall  be  filed  as  there  are 
respondents;  all  copies,  while  they  may  be  carbons,  shall  be  signed  and  verified  by  the 
petitioning  creditors;  it  shall  then  be  the  duty  of  the  Clerk  to  enter  an  order  to  show 
cause  and  issue  a  subpoena,  as  provided  in  Forms  Xos.  4  and  5,  respectively,  returnable 
on  a  Court  day,  stating  the  time  and  place  when  the  debtor  is  to  appear.  In  case  it 
is  impossible  to  make  said  subpoena  returnable  on  a  Covu-t  day  within  the  fifteen  days 
provided  in  section  18  of  the  act,  or  for  service  to  be  made  in  time,  the  Clerk  shall 
make  subpoena  returnable  on  either  the  first  or  second  Court  day  thereafter  without 
a  special  order  in  each  case.     There  shall  be  indorsed  upon  the  subpoena  the  following: 

"  Notice  to  defendant  —  It  is  not  necessary  for  you  to  appear  on  the  return  day  of 
this  subpoena.  You  may  appear  and  plead  to  the  petition  at  any  time  within  five  days 
after  said  return  day." 

In  case  no  pleadings  are  filed  by  the  bankrupt  or  any  of  his  creditors,  the  Judge,  or. 
in  his  absence,  the  Clerk,  will  enter  the  proper  order  without  further  appearance  or 
motion  on  the  part  of  the  petitioner. 

RULE  VII. 
Voluntary  Appearance  and  Waiver  in  Involuntary  Cases. 

Alleged  bankrupt  may  file  voluntary  appearance  and  waiver  of  service  of  petition 
if  desired,  in  which  case  the  Clerk  shall  not  be  required  to  issue  subpoena  in  the  matter, 
but  shall  issue  the  usual  order  to  show  cause  as  per  Form  No.  4  in  order  to  establish  the 
date  of  the  return  day.  The  solicitor  to  petitioning  creditors  shall  fortliwith  notify 
the  alleged  bankrupt  or  his  solicitor  of  such  date,  and  at  tlie  same  time  shall  mail  him 
a  copy  of  the  petition  in  bankruptcy.  The  case  shall  then  proceed  in  the  same  manner 
as  if  service  had  been  regularly  made  by  the  United  States  Marshal. 

When  a  consent  to  immediate  adjudication  is  filed  by  any  alleged  bankrupt, 
properly  authenticated  or  otherwise  proven  to  the  satisfaction  of  the  Clerk,  the  Clerk 
may  enter  orders  of  adjudication  and  reference  forthwith. 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  783 

RULE  VIII. 
Service  of  Subpoena  —  Publication. 

In  involuntary  proceedings,  if  personal  service  of  the  subpoena  cannot  be  made  by  a 
delivery  of  a  copy  tliereof  to  the  debtor  or  to  some  adult  person  who  is  a  member 
or  resident  in  the  debtor's  family  at  his  dwelling-house  or  usual  place  of  abode  within 
the  district  and  if  the  debtor  shall  not  file  an  appearance  within  five  days  after  the 
return  day  of  the  subpoena,  the  Court,  on  proof  by  affidavit  of  the  foregoing  facts,  and 
of  the  whereabouts  of  the  debtor,  will  make  an  order  directing  such  debtor  to  appear, 
plead,  answer,  or  demur  by  a  day  certain  to  be  designated  therein,  pursuant  to  section 
738  of  the  United  States  Revised  Statutes,  which  order  shall  be  served  upon  such, 
absent  debtor,  if  practicable,  wherever  found,  or  if  personal  service  of  such  order  upon 
such  absent  debtor  is  not  practicable,  such  order  shall  be  published  once  a  week  for  two 
consecutive  weeks  (being  three  publications)  as  the  Court  maj^  direct;  and  upon  proof 
of  such  service  or  publication  of  said  order  and  of  compliance  with  the  terms  thereof, 
proceedings  shall  be  had  as  upon  personal  service  of  the  debtor  within  the  district. 

Upon  the  petition  of  one  or  more  of  several  copartners,  where  some  other  member 
or  members  of  the  firm  refuse  to  join  in  the  petition,  the  like  proceedings,  if  there  are 
firm  assets,  must  be  had  to  bring  in  the  other  copartners. 

RULE  IX. 
Involuntary  Case  —  Triplicate  Schedules. 
In  involuntary  cases  the  schedules  filed  by  the  bankrupt  or  petitioning  creditors 
(all  pages  of  which  shall  be  signed  and  blank  places  filled  out  as  in  voluntary  cases) 
shall  be  filed  with  the  Clerk  or  with  the  Referee  in  charge  of  the  case  within  ten  days 
from  the  date  of  adjudication,  and  shall  be  in  triplicate  —  one  copy  for  the  Clerk,  one 
for  the  Referee,  and  one  for  the  Trustee  —  as  in  vokmtary  cases. 

RULE  X. 
Pleadings  in  Involuntary  Cases  —  Trial  by  Jury. 

Prior  to  the  denial  of  bankruptcy,  as  provided  in  Form  No.  6,  the  pleadings  in 
involuntary  cases  on  the  part  of  the  alleged  bankrupt,  or  any  of  his  creditors  who 
oppose  the  adjudication,  shall  conform  as  nearly  as  may  be  to  the  pleadings  of  the 
defendant  in  an  equity  action  in  the  District  Court  of  the  United  States. 

In  case  a  jury  trial  is  demanded,  as  provided  by  section  19  of  the  act,  the  Clerk 
shall  enter  an  order  as  provided  in  Form  No.  7,  and  the  issue  shall  be  noticed  for  trial 
on  a  day  to  be  named  by  the  Court,  and  shall  proceed  in  all  respects  like  the  trial  of 
any  action  at  common  law,  except  that  the  Court  may  frame  and  send  to  the  jury 
special  questions  presenting  the  issues  to  be  tried.  Upon  the  coming  in  of  the  verdict 
the  Judge  may,  in  accordance  therewith,  make  an  adjudication  either  that  the  debtor  is 
or  is  not  a  bankrupt.  In  case  a  jury  trial  is  not  demanded,  the  Judge  may  determine 
the  issues  presented  by  the  pleadings,  or  he  may  refer  the  same,  or  any  specified  issue, 
to  the  Referee,  as  Special  Master,  to  ascertain  and  rei)ort  the  facts. 

RULE  XI. 

Dismissal  of  Petition  for  Want  of  Prosecution. 

Where  a  motion  is  made  prior  to  adjudication  to  dismiss  a  petition  for  lack  of 

prosecution  or  upon  consent,  notice  must  be  given  to  the  creditors  and  all  others  who 

have  appeared  either  as  petitioners  or  in  opposition  to  the  petition  or  otherwise;  or 

their  consents  to  the  entry  of  such  an  order  must  be  obtained. 


W^  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

RULE  XII. 
Vacating  Order  of  Adjudication  —  Thirty  Days. 
After  thirty  days  have  elapsed  from  the  date  of  the  order  of  reference  to  a  Referee 
of  an  adjudicated  petition  in  voluntary  bankruptcy,  and  no  proceedings  have  been  taken 
therein  by  tlie  bankruj)t,  due  notice  having  been  given  by  the  Referee  to  the  bankrupt 
and  his  attorney  (if  petitioner  is  represented  by  attorney)  to  proceed  in  the  matter, 
and  the  time  not  have  been  enlarged,  the  Referee  shall  forthwith  report  the  facts  to 
the  Court  and  apply  for  an  order  to  show  cause,  to  be  served  on  the  bankrupt  or  his 
attorney,  why  the  order  of  adjudication  should  not  be  vacated  and  the  petition 
dismissed:. 

RULE  XIII. 

Discharges  and  Compositions. 

a.  The  petition  for  a  discharge  or  for  a  confirmation  of  a  composition  must  be 
filed  with  the  Clerk.  Such  petitions  must  be  duly  verified  and  must  conform  to  the 
provisions  of  General  Order  No.  XXXI  and  of  forms  Nos.  57  and  61.  There  must  also 
be  presented  before  the  final  discharge  is  granted  a  report  or  certificate  of  the  Referee 
that  the  bankrupt  has,  in  all  things,  conformed  to  the  requirements  of  the  act;  that  he 
has  committed  none  of  the  ofi'enses  and  done  none  of  the  acts  prohibited  in  subdi\asion 
B  of  section  14  of  the  act,  and  that  he  is,  in  the  opinion  of  the  Referee,  entitled  to  his 
discharge. 

b.  Wlien  a  debtor,  after  adjudication,  is  desirous  of  making  an  ofi'er  of  composition 
to  his  creditors,  the  petition  to  consider  the  same  must  be  filed  with  the  Referee  to 
whom  the  matter  is  referred,  requesting  a  meeting  of  the  petitioner's  creditors  to 
consider  the  same.  In  composition  proceedings  before  adjudication,  the  procedure 
shall  be  in  accordance  with  section  12-a  of  the  Bankruptcy  Act  as  amended.  The 
Referee  shall  call  such  meeting,  and  after  final  consideration  of  creditors  report  the 
proceedings  had  before  him,  with  proofs  of  publication  and  mailing,  to  the  Court.  He 
shall  also  compute  and  report  what  amount  is  required  to  be  deposited  by  the  bankrupt 
to  complete  the  terms  of  the  composition.  On  the  coming  in  of  the  report  of  Referee 
on  petition  for  composition,  accompanied  by  a  certificate  of  deposit  of  the  composition 
fund,,  subject  to  the  order  of  a  Judge  of  this  Court,  a  petition  must  be  filed  by  the 
bankrupt  with  the  Clerk  for  a  rule  that  creditors  show  cause  why  said  offer  of 
composition  should  not  be  confirmed. 

G.  The  petition  for  confirmation  of  composition  shall  set  forth  that  the  composition 
proposed  has  been  accepted  in  writing  by  a  majority  in  number  and  amount  of  all 
creditors  whose  claims  have  been  allowed;  that  a  fund  sufficient  to  pay  the  consideration 
proposed,  debts  having  priority,  and  the  costs  of  the  proceedings  has  been  deposited 
in  a  depository  of  the  Court,  subject  to  the  order  of  a  Judge  of  this  Court.  Thereupon 
a  rule  will  issue  vipon  the  creditors  to  show  cause  why  the  proposed  composition  should 
not  be  confirmed.  Objecting  creditors  shall  enter  an  appearance  thereto  on  the  return 
day  and  file  specifications  of  their  objection  within  ten  days  thereafter. 

d.  Proof  of  mailing  and  publication  shall  be  sent  by  the  Referee  to  the  Clerk  at 
least  two  days  prior  to  the  hearing,  and  the  Clerk  shall  present  the  same  to  the  Court 
at  the  hearing. 

e.  Upon  the  confirmation  of  a  composition  tho  Clerk  shall  notify  the  Referee. 
The  Trustee  (if  there  be  one)  shall  then  prepare  and  mail  to  all  creditors  checks  for  the 
amounts  due  them  respectively,  said  checks  to  be  signed  by  him  and  countersigned 
by  the  Referee,  in  the  same  manner  so  near  as  may  be  as  similar  acts  are  done  by  them 
in  the  usual  administration  of  bankruptcy  estates  where  there  are  assets  and  where 
no  composition  has  been  proposed.  In  compositions  before  adjudication,  checks  shall  be 
prepared,  signed  and  mailed  by  the  Referee. 

In  case  of  a  surplus,  the  Referee  shall  return  the  same  to  the  person  entitled 
thereto. 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  785 

RULE  XIV. 

Discharge  and  Composition  —  Order  to  Show  Cause  —  Opposition  of  Creditors. 

The  order  to  show  cause  why  a  discharge  should  not  be  granted  or  a  composition 
confirmed  may  be  entered  by  the  Clerk.  It  must  state  the  time  and  place  of  the 
hearing,  and  direct  that  the  Referee  give  notice,  as  provided  in  section  58  of  the  act,  to 
all  known  creditors  and  other  persons  in  interest.  The  notice  on  discharge  must  be 
mailed,  and  published  at  least  once  thirty  days  prior  to  said  hearing.  The  notice  on 
composition  must  be  mailed  at  least  ten  days  prior  to  said  hearing,  and  shall  be 
published  at  least  once  not  less  than  five  days  prior  thereto.  Proof  of  publication 
and  mailing  must  be  presented  on  the  return  day  of  the  order.  If  no  creditor  or  other 
part}'  in  interest  appears  and  opposes,  the  discharge  shall  be  granted,  provided  the 
Referee  has  certified  that  bankrupt  has  complied  with  the  requirements  of  the  act 
and  is  entitled  to  a  discharge.  If  the  Referee's  certificate  of  conformity  is  not  received 
by  the  return  day,  said  return  day  shall  be  adjourned  from  week  to  week  until  it  is 
received.  In  case  a  creditor  or  other  party  in  interest  desires  to  oppose  the  granting 
of  the  discharge,  or  composition,  he  shall  cause  to  be  filed  on  the  return  day  his 
appearance  ( in  which  the  creditor's  name  shall  appear )  in  opposition  thereto,  and  file  a 
verified  specification  of  the  grounds  of  his  opposition  (in  triplicate)  within  ten  days 
thereafter,  as  provided  in  General  Order  No.  XXXII.  Trustee's  appearances  shall  show 
authorization  of  creditors  as  provided  by  Section  14  b  (6)  of  the  act  as  amended.  The 
issue  thus  joined  may  be  referred  to  the  Referee  as  Special  Master,  to  ascertain  and 
report  the  facts,  with  his  conclusions  thereon.  Upon  the  filing  of  said  report  (notice 
of  which  shall  be  given  forthwith  by  the  Special  Master  to  the  bankrupt  and  to  the 
objecting  creditors,  or  tlieir  solicitors)  any  party  in  interest  may  except  thereto  \^athin 
five  days,  and  the  exceptions  may  be  heard  by  the  Judge  on  any  motion  day  upon  five 
days'  notice,  proof  of  which  shall  be  filed  with  the  Clerk  by  the  Saturday  before  the 
day  of  argument.  In  case  no  exceptions  shall  be  filed  to  said  report  within  the  said  five 
days,  the  report  may  be  confirmed  without  further  notice. 

RULE  XV. 
Consideration  and  Fees  in  Compositions. 

At  or  before  the  first  meeting  before  the  Referee  to  consider  an  offer  of  composition, 
the  debtor  and  his  attorney  shall  file  an  affidavit  or  affidavits  with  the  Referee,  which 
shall  show  each  and  every  amount  of  money,  article  or  other  consideration  paid  thereto- 
fore, or  promised  or  agreed  to  be  paid  then  or  at  any  subsequent  time,  directly  or 
indirectly,  to  any  person,  as  fees  or  otherwise,  in  the  furtherance  of,  or  having  any 
relation  whatever  to  said  composition,  except  the  money  or  consideration  specifically 
cet  forth  in  said  composition  ott'er  to  be  23aid  to  creditors,  and  except  the  fee  for  services 
to  be  paid  to  the  bankrupt's  own  solicitor.  If  any  moneys  or  other  consideration  has 
been  or  is  to  be  paid,  directly  or  indirectly,  in  the  furtherance  of  said  composition  to 
any  receiver,  trustee,  solicitor  for  a  receiver  or  trustee,  or  solicitor  for  the  petitioning 
creditors,  there  shall  likewise  be  filed  by  each  of  them,  to  whom  such  payment  has  been 
or  is  to  be  made,  an  affidavit  or  affidavits  setting  forth  the  amount  thereof,  and  how 
and  when  it  has  been  or  is  to  be  made,  and  the  purpose  thereof.  Brief  notice  of  said 
amounts,  articles  or  other  consideration,  if  any,  shall  be  sent  to  all  creditors  in  the 
notice  of  the  return  of  the  rule  to  show  cause  why  said  composition  should  not  be 
confirmed. 

RULE  XVI. 

Allowance  to   Special  Masters. 
a.     Tlie  issue  raised  by  petitions  and  answers  in  involuntary  eases,  where   jury 
trial   is  not  demanded,  and   upon   specifications   against  discharge   or   confirmation   of 
composition,  shall  be  referred  to  the  Referee  as  a  Special  Master,  and  he  shall  be  entitled 


786  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

to  receive  for  his  services  ten  dollars  for  each  day  (with  proportionate  rates  according 
to  the  time  occupied)  actually  spent  in  hearing  such  reference  and  preparing  his  report, 
and  ten  cents  for  each  folio  of  testimony  taken  and  twenty  cents  for  each  folio  of  his 
report.  Such  sum  shall  be  chargeable  in  the  first  instance  to  the  party  opposing  the 
adjudication,  discharge  or  composition  respectively,  and  indemnity  may  be  demanded 
by  the  Referee  before  proceeding  with  the  hearing.  In  case  the  petition  in  an  involun- 
tary proceeding  be  dismissed  with  costs,  such  sum  may  be  taxed  against  the  petitioning 
creditors. 

b.  If  a  composition  is  not  confirmed  or  is  set  aside,  such  sum  may,  in  the  discre- 
tion of  the  Court,  be  ordered  paid  by  the  Trustee. 

c.  In  other  cases,  when  matters  are  referred  to  the  Referee  as  a  Special  Master 
to  take  testimony  and  report  his  finding,  requiring  services  not  devolving  upon  him 
by  \irtue  of  his  office  as  Referee,  he  shall  receive  a  like  compensation,  which  shall  be 
chargeable  in  the  first  instance  to  the  party  bringing  on  the  reference,  and  shall  be 
paid  by  the  party  ultimately  defeated  in  sucli  reference.  Should  such  reference  be 
unusually  difficult  or  extraordinary,  a  higher  rate  of  compensation  may  be  paid  if 
ordered  by  the  Judge. 

d.  In  cases  where  references  are  made  to  Special  Masters  under  section  21 -a,  or 
in  similar  cases  where  testimony  is  to  be  taken  but  no  findings  are  to  be  filed,  the  allow- 
ance shall  be  four  dollars  per  day  (with  proportionate  rates  according  to  the  time 
occupied),  and  ten  cents  for  each  folio  of  testimony  taken. 

e.  For  any  copy  of  the  testimony  furnished  by  the  Special  Master,  he  shall  be 
entitled  to  receive  ten  cents  per  folio  from  the  party  requesting  it,  not  to  be  charged 
as  an  expense  to  the  estate. 

RULE  XVII. 
Filing  of  Returns,  Reports,  Bonds,  etc. 

All  returns  and  reports  from  Referees,  or  other  officers  of  the  Court,  shall  be 
directed  to  the  Clerk  of  the  Court  at  Trenton,  and  all  returns  and  reports  which  by  law 
or  the  general  orders  are  required  to  be  made  to  the  Judge,  shall  be  directed  to  him  in 
care  of  the  Clerk  at  Trenton,  or  to  said  Clerk. 

It  shall  be  the  duty  of  the  Referee  to  transmit  to  the  Clerk  all  appointments  of 
Trustees  and  Receivers  immediately,  and  all  bonds  of  Trustees  and  the  orders  approving 
the  same,  and  all  self-approved  bonds  of  Receivers  within  five  days  after  the  approval 
thereof.  The  Referee  shall  retain  in  his  possession  the  papers  and  records  until  said 
case  is  finally  closed.  He  shall  then,  within  five  days,  transmit  his  record-books  and 
all  papers  in  the  case  to  the  Clerk,  together  with  a  certificate  specifying  that  the  case 
is  closed,  also  the  Referee's  Memoranda  of  Data  for  Bankruptcy  Statistics. 

RULE  XVIII. 
Fees  of  Clerk,  Referee  and  Trustee — When  Paid. 

The  Trustee's  fee  of  five  dollars,  deposited  with  the  Clerk,  shall  be  paid  to  the 
Trustee  upon  the  certificate  of  the  Referee  that  the  services  of  the  Trustee  have  been 
actually  rendered  and  that  the  case  has  been  closed.  He  shall  be  paid  such  commissions 
as  may  be  allowed  by  the  Court,  under  section  48  of  the  act,  upon  the  order  of  the 
lieferee  at  the  time  the  dividend  is  made.  The  Referee  shall  be  paid  his  commissions 
at  the  same  time.  In  case  no  Trustee  is  appointed,  as  provided  in  General  Order  Xo. 
XV,  the  Clerk  shall,  upon  the  certificate  of  the  Referee,  return  the  five-dollar  deposit  to 
the  petitioner. 

In  every  case  the  Clerk  shall  be  entitled  to  receive  the  filing  fee  of  ten  dollars, 
except  as  provided  in  in  forma  pauperis  eases.  The  Clerk  shall  pay  to  the  Referee  the 
fifteen  dollars  deposited  as  a  fee  of  the  Referee,  upon  receiving  the  latter's  certificate 
that  the  case  has  been  closed  and  that  his  services  have  been  rendered.     Where  there 


EULES  IN  DISTRICT  OF  NEW  JERSEY.  787 

are  no  assets  the  case  shall  be  deemed  closed  for  the  purpose  of  the  payment  of  said 
fees  to  the  Referee  and  Trustee  when  a  discharge  has  been  granted  or  refused  to  the 
bankrupt,  or  if  no  application  for  a  discharge  has  been  made  at  the  expiration  of  two 
months  from  the  date  of  the  adjudication.  In  cases  where  there  are  assets  the  case 
shall  be  deemed  closed  upon  the  confirmation  of  a  composition  or  the  pajTnent  of  the 
final  dividend. 

RULE  XIX. 
Money  Drawn  by  Countersigned  Checks. 

When  money  is  deposited  in  the  name  of  the  Clerk  of  the  Court,  or  of  a  Trustee, 
it  shall  not  be  drawn  unless  by  check,  signed  by  said  Clerk  or  Trustee,  having  on 
its  face  the  title  of  the  cause  and  countersigned  by  a  Judge  of  the  Court  or  by  the 
Referee   in   charge. 

All  checks  must  conform  to  this  rule,  and  also  to  the  requirements  of  (ieneral  Order 
So.  XXIX.  The  Clerk  shall  furnish  to  the  depositories  a  copy  of  said  general  order,  and 
also  a  copy  of  this  rule. 

RULE  XX. 

Referees  to  Direct  Prosecution  and  Defense  of  Suits  and  Allow  Amendments. 

The  Referee  may  direct  the  prosecution  and  the  defense  of  suits  by  the  Trustee, 
as  provided  in  subdivisions  C  and  D  of  section  II  of  the  act.  He  may  allow  amend- 
ments to  the  pleadings  and  papers  which  do  not  involve  jurisdictional  defects  in  all 
matters  pending  before  him,  and  he  shall,  in  the  first  instance,  have  full  power  and 
authority  over  the  proof  and  allowance  of  claims,  as  provided  by  section  57  of  the  act, 
and  General  Order  No.  XXI.  When  a  petition  referred  to  a  Referee  is  insufficient  upon 
its  face  to  confer  jurisdiction,  he  shall  return  the  same  to  the  Clerk  with  a  statement 
of  the  defects  noted  thereon,  and  no  further  proceedings  shall  be  had  thereon  until  a 
new  or  amended  petition  remedying  such  defects  is  filed  with  the  Clerk. 

The  Referee  may,  upon  his  own  motion,  direct  that  the  schedules  be  made  more 
definite  and  certain,  and  the  Referee  may  direct  that  the  bankrupt  furnish  any  other 
information  regarding  his  property  or  his  creditors  which  the  Referee  may  deem 
essential. 

RULE  XXI. 
Referees  to   Grant   Stays. 

When  a  motion  for  an  injunction  is  pending,  or  is  about  to  be  made,  the  Referee 
may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt,  or  otherwise,  grant 
a  temporary  restraining  order  staying  proceedings  imtil  the  hearing  and  decision  of  said 
motion.  In  case  all  parties  in  interest  agree  that  said  motion  be  heard  by  the  Referee 
in  charge,  they  may  file  with  the  Referee  a  written  stipulation  to  that  effect.  The 
decision  of  the  Referee  on  such  motion  shall  be  filed  with  the  Clerk,  and  if  the  Referee 
decides  that  an  injunction  shall  issue,  an  order  to  that  effect  may  be  made  by  the  .Judge. 

RULE  XXII. 
Previous  Application  Not  Made. 
All  petitions  for  receivers,  injunctive  or  other  relief  shall  contain  an  averment  that 
such  or  similar  application  has  not  been  made  elsewhere. 

RULE  XXIII. 

Rebate  on  Bonds. 

In  all  cases  where  a  Receiver  has  been  appointed,  either  by  the  Court  or  by  a 

Referee,  Trustees  shall  hereafter  obtain  their  bonds  from  the  same  Surety  Company 

which  furnished  the  Receiver's  bond,  and  shall  obtain  proper  rebate  on  the  premium  for 


788  EULES  IN  DISTRICT  OF  NEW  JERSEY, 

Receiver's  bond  when  same  ceases  by  the  qualification  of  the  Trustee  and  is  thereby 
merged  into  the  Trustee's  bond,  carefully  accounting  therefor  in  Receiver's  account  and 
petition  for  allowances. 

RULE  XXIV. 

Referees  May  Pass  upon  Relevancy  of  Testimony  and  Confine  Examinations 
Within  Reasonable  Limits. 

Referees  may  pass  upon  the  competency,  materiality  and  relevancy  of  evidence  in 
matters  before  them,  and  shall  have  all  the  powers  of  the  Judge  concerning  the  admis- 
sion or  rejection  tliereof,  and  shall  note  on  the  record  all  objections,  the  rulings  thereon 
and  the  exceptions  which  may  be  talcen;  and  in  cases  where  testimony  is  excluded 
they  shall  note  a  brief  statement  by  the  party  offering  the  same  of  the  facts  he  expects 
to  prove  thereby.  Referees  shall  limit  the  inquiry  before  them  to  relevant  and  mate- 
rial matters,  and  in  case  an  examination  or  a  cross-examination  is  unnecessarily  prolix, 
or  improperly  prolonged,  the  Referee  may,  in  his  discretion,  limit  the  time  of  such 
examination ;  or  he  may  impose  costs,  including  the  fees  of  the  stenographer  and  other 
expenses,  upon  the  party  responsible  for  the  improper  prolongation. 

RULE  XXV. 
Receivers  and  Trustees  to  Use  Original  Testimony. 
Receivers  and  Trustees  shall  use  the  original  (Referee's  or  Court)  copy  of  testimony, 
and  shall  not  order,  at  the  expense  of  the  estate,  a  copy  for  their  own  use;  provided 
that  the  Referee  may,  special  reason  appearing  therefor  on  verified  petition,  order  one 
copy  to  be  made,  to  be  charged  to  the  estate,  same  not  to  cost  more  than  five  cents  per 
folio. 

RULE  XXVI. 

Hearing  of  Question  Certified  by  Referee. 

After  a  question  has  been  certified  by  the  Referee  pursuant  to  General  Order  No. 
XXVII,  and  as  provided  in  Form  No.  56,  the  papers  shall  be  filed  with  the  Clerk,  and  the 
hearing  may  be  brought  on  before  the  Judge  upon  any  motion  day  by  either  party  by 
giving  five  days'  notice. 

Petition  to  review  an  order  of  a  Referee  shall  be  filed  with  said  Referee  within 
five  days  after  being  notified  of  the  entry  of  such  order. 

RULE  XXVII. 

In  Relation  to  Franchise  and  Other  Taxes. 

In  all  bankruptcy  cases  wherein  there  are  assets  coming  under  charge  of  a  Receiver 
or  Trustee,  it  shall  be  the  duty  of  the  Receiver  and  of  the  Trustee,  in  case  no  Receiver 
has  been  appointed,  or  the  duty  shall  not  have  been  performed  by  the  Receiver,  forth- 
with to  ascertain  from  the  proper  sources  what  taxes,  if  any,  including  franchise  taxes, 
are  claimed  to  be  due  and  owing  by  the  bankrupt  to  the  United  States,  the  State  of 
New  Jersey,  or  to  the  city,  town  or  other  municipality  in  which  the  bankrupt  resides,  or 
in  which  his  estate,  or  any  part  thereof,  is  situate,  and  to  make  a  written  report  thereof 
to  the  Referee  if  the  case  shall  have  been  referred  to  one,  otherwise  to  the  Court, 
specifying  the  unpaid  taxes  upon  each  piece  of  property,  so  far  as  the  same  are  shown 
on  the  tax  lists  or  duplicates,  and  also  the  franchise  taxes,  if  any,  and  the  years  for 
which  any  such  taxes  have  been  imposed,  to  the  end  that  such  order  may  be  made  in 
relation  thereto,  if  any,  as  may  be  deemed  expedient. 

RULE  XXVIII. 
Referees  May  Make  Rules  in  Proceedings  Before  Them. 
Referees  may  make  other  general  or  special  rules  for  the  guidance  of  proceedings 
before  them  within  their  respective  territorial  jurisdictions,  and  may  from  time  to  time 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  789 

alter  and  amend  the  same,  provided  that  such  rules  shall  not  be  inconsistent  with  the 
provisions  of  the  act,  with  the  general  orders  of  the  Supreme  Court  or  with  these 
rules. 

RULE  XXIX. 
Powers  Delegated  to  Referees. 
The  Referees  heretofore  or  hereafter  appointed  for  the  district  of  Xew  Jersey  are 
hereby  respectively  vested  with  the  jurisdiction  which,  by  the  Bankruptcy  Act  of  July 
1,  1898,  and  the  general  orders  of  the  Supreme  Court,  promulgated  at  the  October  Term 
of  1898,  the  Court  or  Judge  may  delegate  to  or  confer  upon  said  Referees;  and  they  are 
respectively  empowered  and  authorized  to  do  all  acts,  take  all  proceedings,  make  all 
orders  and  decrees  and  perform  all  duties  so  authorized  to  be  delegated  by  said  act 
and  said  general  orders  without  special  authority  in  each  case  and  under  the  general 
authority  conferred  by  this  order. 

RULE  XXX. 

Special  Order  of  Judge. 
In  cases  not  provided  for  by  the  Bankruptcy  Act  of  1898,  the  general  orders  or  these 
rules,  the  practice  of  the  District  Court  shall  be  subject  to  the  special  order  of  a  Judge. 

RULE  XXXI. 
Authorization  to  Employ  Auctioneers. 

In  settlement  of  accounts  of  receivers  or  trustees  no  allowance  shall  be  made  for 
fees  paid  or  incurred  for  auctioneers,  nor  shall  any  auctioneer  conduct  any  sale  unless 
his  employment  has  first  been  authorized  by  a  Judge  or  the  Referee  to  whom  the 
matter  has  been  referred,  and  the  auctioneer  to  be  employed  designated  by  the  Judge 
or  Referee. 

RULE  XXXII. 

Authorization  to  Employ  Counsel. 

In  the  settlement  of  accounts  of  receivers  and  trustees  no  allowance  shall  be  made 
for  counsel  or  solicitor's  fees,  unless  the  employment  of  counsel  or  solicitor  has  been  first 
authorized  by  order  of  the  Judge  or  Referee  to  whom  the  matter  has  been  referred;  and 
where  a  solicitor  has  been  appointed  Receiver  or  Trustee,  no  such  order  shall  be  made, 
unless  it  clearly  appears  that  litigation  or  other  cause  makes  the  same  necessary  or 
advisable. 

RULE  XXXIII. 

Certificates  of  Review. 

All  Referees  shall  comply  literally  with  General  Order  No.  XXVII  of  the  Supreme 
Court  as  to  Review  matters,  and  shall: 

1.  Certify  the  question  presented. 

2.  Prepare  and  send  up  a  summary  of  the  evidence  relating  to  such  question. 

3.  The  findings  and  the  reasons  therefor.  (Wherever  practical  separate  the  find- 
ings of  fact  from  the  findings  of  law.) 

4.  The  order. 

The  above  shall  refer  to  Masters  on  references  so  far  as  same  may  be  applicable. 

RULE  XXXIV. 
Referee's  Expenses  and  Fees. 
There  shall  be  allowed  as  part  of  the  expense  the  following  fees: 

1.  Paid  for  advertisements    (vouchers   annexed). 

2.  For  all  clerical  aid  in  preparing  advertisement  and  notices  to  creditors 
of  first  meeting,  mailing  the  same,  and  proof  thereof,  keeping  register,  files  and 


790  RULES  IN  DISTRICT  OF  NEW  JERSEY. 

records,  and  preparing  typewritten  memoranda  of  proceedings  prior  to  the  first 
meeting  of  creditors,  including  stationery,  envelopes,  printing,  letters,  messages, 

and  all  petty  expenses $5  00 

(In  the  final  account  this  item  may  be  called  "  clerical  aid,  etc.,  prior  to  first 
meeting.") 

3.  For  similar  clerical  aid  for  each  of  the  matters  mentioned  in  section  58, 
subdivision  a    5  00 

4.  If  notices  to  creditors  exceed  twenty  in  number,  in  addition  to  the  above 
for  each  notice  in  excess  of  twenty  up  to  fifty  (the  number  of  creditors  to  be 
stated)    10 

5.  For  each  notice  in  excess  of  fifty  (all  special  notices  to  be  paid  for  at  the 
same  rates  by  the  party  asking  them ) Co 

6.  For  office  accommodations  and  for  clerical  ad  in  taking  and  keeping  notes 
and  records  of  proceedings  at  first  meeting  of  creditors  up  to  choice  or  appoint- 
ment and  qualification  of  Trustee 2  50 

7.  For  every  other  meeting  of  creditors,  including  any  and  every  adjourned 
meeting 1   50 

8.  For  clerical  aid  in  taking  and  perpetuating  testimony  on  the  examination 
of  the  bankrupt  or  other  persons  before  the  Referee  (where  the  parties  do  not 
agree  with  the  Referee's  approval  in  taking  such  examination  by  themselves 
elsewhere),  whether  taken  in  long-hand  or  transcribed  from  stenographer's  notes, 

to  be  paid  by  the  party  examining  the  bankrupt  or  witness,  per  folio 10 

9.  For  any  copy  of  testimony,  to  be  paid  by  the  party  ordering  the  same, 

per  folio 10 

10.  For  clerical  aid  in  filing,  recording  and  preserving  any  interlocutory  order 
made  by  the  Referee,  to  be  paid  by  the  party  procuring  it,  each 10 

11.  For  copies  of  orders  or  other  papers,  to  be  paid  by  the  party  ordering 
them,  per  folio 10 

12.  Clerical  aid  in  receiving,  indorsing,  filing,  recording  and  preserving  proofs 

of  claims,  to  be  paid  out  of  the  estate -5 

13.  Expenses  of  appraisers  in  appraising  nominal  assets  and  reporting 3  00 

14.  In  composition  proceedings  before  adjudication,  the  $15  deposited  with  the 
Clerk  in  the  filing  fee. 

15.  When  an  indemnity  deposit  is  made  with  a  Referee  by  or  on  behalf  of  a  bank- 
rupt, the  unused  portion  thereof  may  be  applied  by  the  Referee  to  compensate  him 
for  filing  claims  in  no-asset  or  in  insufficient  asset  cases,  so  far  as  it  may  extend  and 
be  applicable. 

RULE  XXXV. 
Newspapers. 
The  following  newspapers  are  hereby  designated  in  pursuance  of  section  28  of  the 
Bankruptcy  Act  for  publication  of  official  notices  and  orders: 

County.  Neicspaper.  Address. 

Atlantic     Evening  Union    Atlantic    City. 

Ber<Ten    Bergen  County  Democrat Hackensack. 

Burlington New  Jersey  Mirror    Mt.   Holly. 

Camden   Camden  Courier    Camden. 

Cape   May    Star  and  Wave Cape  May  City. 

Cumberland     Bridgeton  Evening  News Bridgeton. 

j  Newark  Evening  Star Newark. 

■'^"^^'^-'^     (  Newark  Evening  News Newark. 

Gloucester    Gloucester  County  Democrat  Woodbury. 


RULES  IN  DISTRICT  OF  NEW  JERSEY.  791 

County.  Xeirspaper.  Address. 

5  Jerst'V  Journal    Jersey   City,   or 

^^"•i^o"    I  Observer     Hoboken. 

Hunterdon     Hunterdon   County   Demoerat Fleminston. 

Mercer Daily   State   Gazette Trenton. 

^Middlesex    New  Brunswick  Home  News New   Brunswick. 

Monmouth   Long  Branch   News Lon;?  Branch. 

Morris    True  Democratic  pjanner Morristown. 

Ocean Times  and  Journal Lakewood. 

Passaic    Paterson    Morning    Call Paterson. 

yalem Salem   Sunbeam    Salem. 

Somerset Unionist-Gazette     Somerville. 

Sussex New  Jersej^  Herald Newton. 

Union Summit  Record  Summit. 

\\'arren    Belvidere  Apollo   Belvidere. 

RULE  XXXVI. 
Depositories  for  Money  of  Bankrupt  Estates. 
The*  following  banking  institutions  are  liereby  designated  in  pursuance  of  section 
61  of  the  Bankruptcy  Act  as  depositories  for  money  of  bankrupt  estates: 

Address.  Depository. 

Asbury  Park   Asbury  Park  &  Ocean  Grove  Bank. 

Asbury  Park   Seacoast  National  Bank. 

Atlantic   City    Second  National  Bank. 

Atlantic   City    Guarantee  Trust  Co. 

Belvidere    Belvidere  National   Bank. 

Bridf^eton    Bridgeton  National  Bank. 

Burlington    Mechanics  National  Bank. 

Camden    Broadway  Trust  Co. 

Camden    Camden  Safe  Deposit  and  Trust  Co. 

Camden    Central  Trust  Co. 

Camden    Security  Trust  Co. 

Cape  May    Merchants  National  Bank. 

Freehold    Central  National  Bank. 

Hackensack    Peoples  National  Bank. 

Hackensack    Hackensack  Trust  Co. 

1  loboken Second  National  Bank. 

Hoboken     Hoboken  Trust  Co. 

Jersey  City    First  National  Bank. 

Jersey  City   Commercial  Trust  Co.  of  N.  J. 

Jersey  City   N.  J.  Title,  Guar,  and  Trust  Co. 

Jersey  City   Union  Trust  Co.  of  N.  J. 

Lonvc  Branch    Citizens  National   Bank. 

Millville ]\Iech.anics  NaConal  Bank. 

Montelair    Bank  of  Montclair. 

?Jorristown    National  Iron  Bank. 

^lorristown     First  National  P.ank. 

Mount  Holly   I^nion  National  Bank. 

Newark    Fidelity  Trust  Co. 

Newark    Federal  Trust  Co. 

Newark    Union  National  Bank. 

Newark    Merchants  National  Bank. 


792  RULES  IN  DISTEICT  OF  NEW  JERSEY. 

Address.  Depository. 

Newark    Essex  County  National  Bank. 

Newark    National  Newark  Banking  Co. 

Newark    Broad  and  Market  National  Bank. 

Newark    Washington  Trust  Co. 

Newark    Newark  Trust  Co. 

Newark    Ironbound  Trust  Co. 

New  Brunswick    National  Bank  of  New  Jersey. 

New  Brunswick    Peoples  National  Bank. 

New  Brunswick    New  Brunswick  Trust  Co. 

Newton    Sussex  National  Bank. 

Ocean   City    Ocean  City  Title  and  Trust  Co. 

Orange    Second  National  Bank. 

Passaic    Peoples  Bank  and  Trust  Co. 

Passaic    Passaic  National  Bank. 

Paterson    Paterson  National  Bank. 

Paterson    German-American  Trust  Co. 

Paterson    Hamilton  Trust  Co. 

Paterson    Citizens  Trust  Co. 

Perth  Amboy    First  National  Bank. 

Plainfield    Plainfield  Trust  Co. 

Somerville    First  National  Bank. 

South  Amboy    First  National  Bank. 

Trenton    Mechanics  National  Bank. 

Trenton    Broad  Street  National  Bank. 

Trenton    Trenton  Trust  and  Safe  Deposit  Co. 

Trenton    IMercer  Trust  Co. 

Trenton    Trenton  Banking  Co. 

Trenton    First  National  Bank. 

Vineland    Vineland  National  Bank. 

Woodbury    Farmers  &  Mechanics  National  Bank. 

Suhsequently  Added. 

Bayonne    Bayonne  Trust  Co. 

Closter    Closter  National  Bank. 

Dunellen First  National  Bank. 

Hoboken     Trust  Co.  of  New  Jersey, 

Elizabeth    Union  County  Trust  Co. 

Jersey  City   Lincoln  Trust  Co. 

Newark     National  State  Bank. 

RULE  XXXVII. 
Repealer  and  Adoption  of  Bankruptcy  Rules. 
All  bankruptcy  rules  previously  adopted  in  conflict  with  any  of  these  rules  are 
hereby  repealed,  and  these  rules  shall  go  into  effect  on  September  1,  1915. 


EASTERN  DISTRICT  OF  PENNSYLVANIA. 


In  arlflition  to  notife  liert>tofor(^  provided  for  the  advertisement  in  the  "  Public 
Ledfier,"  a  brief  notice  shall  also  be  published  once  in  the  "Legal  Intelligencer  "  in  eacli 
bankruptcy  case  from  the  county  of  Philadelphia: 

"(1)  Of  first  meeting  of  creditors,  stating  the  time  and  place  and  the  name  of  the 
referee. 

(2)  Of  the  appointment  of  the  trustee  stating  his  name  and  residence  or  place  of 
business. 

(3)  Of  the  time  and  place  of  hearing  upon  the  bankrupt's  petition  to  be  dis- 
charged."    (Minute  Book  D.  G.  Vol.  2  in  Bankruptcy,  p.  12.) 

The  following  rules  in  bankruptcy  went  into  effect  December  10,  1904: 

Unless  the  petition  be  afterwards  allowed  by  a  Judge  of  the  District  Court  for 
cause  shown  after  notice  to  opposing  interests,  a  review  of  any  action  or  order  of  a 
Referee  must  be  asked  for  by  petition  presented  to  him  before  the  expiration  of  the 
tenth  day  after  such  action  is  taken  or  order  is  made,  with  this  exception,  namely:  A 
review  of  the  admission  or  rejection  of  evidence,  if  such  admission  or  rejection  has 
been  duly  objected  to  at  the  time,  may  be  asked  for  within  ten  days  after  the  Referee 
has  filed  his  decision  in  the  proceedings  wherein  the  evidence  was  offered.  Referees  are 
instructed  to  disregard  petitions  for  review  when  presented  after  the  expiration  of  the 
period  named,  unless  accompanied  by  an  order  of  allow^ance  from  a  Judge  of  the 
District  Court. 

Prompt  notice  of  filing  of  decisions  upon  any  subject  shall  be  given  bj^  the  referee 
to  counsel  interested. 

The  following  rule  was  adopted  by  the  United  States  Circuit  and  District  Courts, 
September  27,  1905: 

Rule  III,  Section  4. 

Rule  III,  Section  4.  Attorneys  and  Counsellors-at-Law,  admitted  to  practice  in 
this  Court,  who  are  not  residents  of  the  Eastern  District  of  Pennsylvania,  and  Avho  do 
not  maintain  an  office  in  said  District  for  the  regular  transaction  of  business,  shall,  in 
each  case  or  proceeding  in  which  they  appear,  have  a  resident  associate  counsel  who 
maintains  an  office  in  said  District,  upon  whom  all  notices,  rules  and  pleadings  may 
be  served  in  accordance  with  the  rules  and  practice  of  this  Court,  and  who  may  be 
required  to  attend  before  the  Court,  Clerk,  Commissioners,  Auditors,  Assignees,  Trustees, 
Referees  or  other  officer  of  the  Court,  or  before  Notaries  Public  in  cases  where  testimony 
may  be  taken  before  them  in  accordance  with  the  rules  and  practice  of  the  Court.  The 
attendance  of  said  Associate  Counsel  shall  be  a  sufficient  appearance  for  the  party  or 
parties  whom  they  so  represent. 

Additional  Rule  in  Bankruptcy. 
Unless  a  shorter  time  shall  be  fixed  by  special  order,  forty-eight  hours'  written 
notice  of  an  application  for  the  appointment  of  a  Receiver  shall  be  given  (a)  to  the 
bankrupt  or  his  attorney,  (b)  to  all  known  creditors  and  other  parties  in  interest,  so 
far  as  practicable,  and  also  (c)  to  their  attorneys.  The  notice  shall  state  the  names 
of  the  applicants  and  the  day,  hour  and  place  of  hearing.  At  the  hearing,  the  attorney 
for  the  application  shall  present  an  affidavit  that  notice  has  been  given,  setting  out  a 
copy  thereof,  the  date  of  mailing,  or  of  other  service,  and  the  names  and  addresses  of 
the  parties  thus  notified. 

[793] 


794       RULES  IN  EASTERN  DISTRICT  OF  PENNSYLVANIA. 

Xo  attorney  shall  be  heard  for  or  against  the  petition  until  he  has  tiled  his  appear- 
ance in  writing,  which  shall  state  the  names  and  addresses  of  the  persons  whom  he 
represents  and  the  nature  and  amounts  of  their  respective  claims. 

No  motion  for  leave  to  intervene,  if  it  is  to  be  followed  by  a  petition  for  the 
appointment  of  a  receiver  on  behalf  of  the  intervening  creditor,  will  be  entertained 
unless  notice  of  the  motion  has  been  given  to  the  attorney  for  the  petitioning  creditors. 

This  rule  shall  apply  to  similar  motions  before  a  referee.  It  shall  govern  all  appli- 
cations and  motions  presented  on  or  after  August  12,  1908. 

And  now,  this  9th  day  of  December,  A.  D.  1909,  it  is  ordered  by  the  Court: 

In  addition  to  the  notices  by  advertisement  in  the  "  Legal  Intelligencer  "  provided 
for  by  the  order  of  May  18,  1899,  a  brief  notice  shall  also  be  published  once  in  that 
journal  (4)  of  the  time  and  place  of  hearing  a  petition  for  dismissal  of  the  proceeding; 
(5)  of  the  time  and  place  of  hearing  upon  a  petition  for  the  confirmation  of  a  compo- 
sition with  creditors;  and  (6)  of  the  time  and  place  of  any  sale  of  real  or  personal 
property  by  a  Receiver  or  Trustee  in  bankruptcy. 


WESTERN  DISTRICT  OF   PENNSYLVANIA. 


RULE  I. 
Powers  Delegated  to  Referees. 

A.  The  Referees  heretofore  or  hereafter  appointed  for  the  Western  District  of 
Pennsylvania  are  hereby,  respectively,  vested  with  the  jurisdiction  which,  by  the  Bank- 
ruptcy Act  of  July  1,  1898,  and  the  general  orders  of  the  Supreme  Court,  promulgated 
at  the  October  Term,  1898,  the  Court  or  Judge  may  delegate  to  or  confer  upon  such 
Referees;  and  they  are,  respectively,  empowered  and  authorized  to  do  all  acts,  take  all 
jjroceedings,  make  all  orders  and  decrees,  and  perform  all  duties  so  authorized  to  be 
delegated  by  said  acts,  and  said  general  orders,  without  special  authority  in  each  case 
and  under  the  general  authority  conferred  by  this  order. 

B.  Referees  may  make  rules  for  the  guidance  of  proceedings  before  them  within 
their  respective  territorial  jurisdictions,  and  may  from  time  to  time  alter  and  amend 
the  same,  provided  that  such  rules  shall  not  be  inconsistent  with  the  provisions  of 
the  act,  with  the  general  orders  of  the  Supreme  Court  or  with  these  rules. 

RULE  II. 

Referees  to  Regulate  Evidence. 
Referees  may  pass  upon  the  competency,  materiality  and  relevancy  of  evidence  in 
matters  before  them,  and  shall  rule  on  the  admission  or  rejection  thereof,  and  if  desired 
note  on  the  record  all  objections,  and  the  rulings  thereon;  where  testimony  is  excluded 
thej^  shall,  if  requested,  note  a  brief  statement  by  the  party  offering  the  same  of  the 
facts  he  expects  to  prove  thereby.  Referees  shall  limit  the  inquiry  before  them  to 
relevant  and  material  matters,  and  in  case  an  examination  or  cross-examination  is 
unnecessarily  prolonged,  the  Referee  may,  in  his  discretion,  limit  the  time  of  such 
examination;  or  he  may  impose  costs,  including  the  fees  of  the  stenographer  and  other 
expenses,  upon  the  party  responsible  for  the  improper  prolongation. 

RULE  III. 

Referees  to  Direct  Prosecution  and  Defense  of  Suits  and  Allow  Amendments. 

Section  1.  Referees  may  direct  the  prosecution  and  defense  of  suits  by  trustees 
as  provided  in  subdivisions  b  and  c  of  section  1 1  of  the  Bankrupt  Act.  They  may  allow 
amendment  to  the  pleadings  and  papers  which  do  not  involve  jurisdictional  defects  in 
all  matters  pending  before  them,  and  they  shall,  in  the  first  instance,  have  full  power 
and  authority  over  the  proof  and  allowance  of  claims,  as  provided  by  section  57  of 
the  act  and  general  order,  Xo.  XXI.  \Mien  a  referee  deems  a  petition  referred  to  him 
insufficient  upon  its  face  to  confer  jurisdiction  he  shall  return  the  same  to  the  Clerk, 
with  a  statement  of  the  defects  noted  thereon,  and  no  further  proceedings  shall  be  had 
thereon  until  the  further  order  of  the  Court. 

§  2.  The  Referees  may,  of  their  own  motion,  direct  that  schedules  be  made  more 
definite  and  certain,  and  that  the  bankrupt  furnish  any  other  information  regarding 
his  property  or  his  creditors  which  the  Referee  may  deem  essential. 

[795] 


796      RULES  IN  WESTERN  DISTRICT  OF  PENNSYLVANIA. 

RULE  IV. 
Injunctions. 

Where,  after  an  adjudication  and  reference,  an  application  for  an  injunction  is 
made  to  the  Referee  in  charge  of  a  case,  he  may  hear  the  same  and  either  refuse  it  or 
order  the  motion  for  such  injunction  to  be  heard  before  the  Judge,  at  a  time  not  more 
than  10  days  thereafter,  and  grant  a  temporary  restraining  order  pending  said  motion. 
The  application  and  all  proceedings  thereon  shall  be  at  once  certified  and  returned  by 
the  Referee  to  the  Court. 

WTiere  the  parties  agree  in  writing  tliat  the  motion  for  an  injunction  shall  be 
heard  and  decided  by  the  Referee,  he  may  proceed  to  so  hear  and  decide  the  same.  If 
he  decides  that  an  injunction  shall  issue,  he  shall  so  report  to  the  Clerk,  who  shall 
thereupon  issue  the  same,  and  any  party  objecting  may  within  10  days  after  the  issue 
thereof  move  the  Judge  to  dissolve  said  injunction. 

RULE  V. 
Attorney  for  the  Estate  and  His  Duties. 

Unless  specially  authorized  by  the  Court,  receivers  and  trustees  in  bankruptcy  shall 
not  retain  as  their  attorney,  the  attorney  of  the  bankrupt,  of  the  petitioning  creditors, 
of  the  person  applying  for  the  appointment  of  a  Receiver,  or  of  any  creditor,  and 
trustees  shall  not  retain  as  their  attorney  any  attorney  who  has  obtained  proxies  or 
voted  upon  the  election  of  such  trustees,  or  who  is  an  attorney  for  persons  holding 
such  proxies. 

RULE  VI. 
Fees   of   CounseL 

Subject  to  revision  by  the  Court,  Referees  shall  have  power  to  fix  or  reduce  the 
fees  of  counsel  for  services  claimed  or  charged  in  accounts.  They  may  exercise  such 
power  of  their  own  motion  and  without  objection  made. 

RULE  VII. 

Review  of  Referee's  Ruling,  etc.,  by  the  Judge. 

When  a  review  by  the  Judge  of  any  order,  ruling  or  decision  of  a  Referee  is. 
desired,  an  objection  shall  be  made  and  noted  on  the  record  at  the  time  of  the  ruling 
or  making  of  the  order  objected  to,  and  a  certificate  in  the  prescribed  form  shall  be 
presented  to  the  Referee  for  his  signature  within  two  days  of  any  such  order,  ruling 
or  decision,  but  the  Referee  may  enlarge  the  time  by  order  in  any  particular  case. 
Such  certificate,  when  signed  by  the  Referee,  shall  be  filed  forthwith  in  the  Clerk's 
office.  A  failure  to  comply  with  this  rule  shall  be  held  a  waiver  of  the  right  to  review 
upon  certificate  unless  on  special  order  thereafter  made  by  the  Referee  or  Judge.  The 
opinion  and  decision  of  the  Judge,  together  with  the  certificate  on  which  it  is  made, 
and  the  papers,  if  any,  accompanying  the  same,  shall  be  remitted  by  the  Clerk  to  the 
Referee,  who  shall  file  them  as  part  of  the  record  in  the  case. 

RULE  VIII. 

Real  Estate  Sales. 

All  sales  of  real  estate  shall  be  ordered  by  the  Referee  upon  the  petition  of  the 
Trustee,  setting  forth  under  oath  the  facts  needful  for  the  information  of  the  Court, 
and  shall  be  public  or  private  ones,  as  directed  by  the  Referee,  and  either  for  cash  or 
partly  on  credit  and  partly  for  cash;  all  public  sales  shall  be  advertised  for  at  least 
ten  days  by  handbills,  posted  in  at  least  10  public  places  in  the  county  in  which  the 
land  is  situated,  and  by  publication  at  least  once  a  week  for  at  least  four  weeks  prior 


RULES  IN  WESTERN  DISTRICT  OF  PENNSYLVANIA.  797 

to  such  sale,  in  at  least  one  newspaper  printed,  regularly  issued  and  having  a  general 
circulation  in  the  county  where  the  real  estate  proposed  to  be  sold  is  situated;  the 
notice  shall,  among  other  things,  describe  the  real  estate  to  be  sold,  and  the  sale  shall 
lake  place  at  the  Court  House  of  the  county  in  which  the  property  is  situated  or  upon 
the  premises.  Such  public  sale  shall  be  made  imder  the  supervision  of  the  Trustee, 
with  power  to  adjourn  the  same.  Returns  of  all  sales  shall  be  made  to  the  Referee, 
by  whom  the  same  shall  be  confirmed  nisi,  with  leave  to  file  with,  him  exceptions  in  10 
days  thereafter.  In  case  no  exceptions  are  liled,  the  Referee  shall,  after  the  expiration 
of  said  10  days,  certify  the  petition,  order  and  return  to  the  Judge,  who  shall  confirm 
the  same  and  order  the  delivery  of  the  necessary  deed,  or  deeds,  by  the  trustee  to  the 
purchaser,  or  purchasers.  In  case  exceptions  are  filed,  the  Referee  shall  hear  and  decide 
the  same  in  the  first  instance,  and  shall  thereafter  certify  the  petition,  order  of  sale, 
return,  exceptions  and  testimony,  together  with  his  opinion  thereon,  to  the  Judge,  who 
shall  thereupon  review  and  determine  said  exceptions  and  may  set  aside  said  sale  or 
confirm  the  same  and  order  the  Trustee  to  deliver  the  deed,  or  deeds,  to  the  purchaser, 
or  purchasers.  Wliere  application  is  made  to  sell  real  estate,  clear  and  divested  of 
liens,  written  notice  shall  be  given  of  the  application  to  the  lienors.  In  such  cases  the 
Referee  shall  have  power  to  direct  that  in  case  a  lienor  purchase  the  land,  he  may 
receive  credit  for  a  due  proportion  of  his  lien  on  account  of  the  purchase  price. 

RULE  IX. 
Reports  and  Accounts  of  Trustees, 

A.  The  reports  of  trustees  provided  for  by  section  47,  subdivision  10,  of  the  Act, 
showing  the  condition  of  estates,  shall  be  filed  with  referees.  In  case  they  are  not 
Iiled  as  above,  referees  shall  order  them  to  be  filed  forthwith.  Wlien  the  funds  reported 
warrant,  referees  shall  declare  dividends  upon  prior  and  allowed  claims,  as  provided  in 
section  65. 

B.  \Vlien  a  final  account  is  filed  it  shall  include  the  administration  of  the  entire 
estate.  The  Referee  shall  give  to  creditors  notice  of  a  meeting,  to  be  held  at  least  20 
days  thereafter,  to  examine  and  consider  the  same.  Exceptions  may  be  filed  at  or 
before  such  meeting.     The  Referee  shall  dispose  of  the  same  and  declare  a  final  dividend. 

RULE  X. 
List  of  Claims  and  Accounts  Transmitted  to  Clerk. 

General  Order  No.  XXIV  shall  not  be  construed  to  require  the  Referee  to  transmit 
to  the  Clerk  a  separate  statement  of  each  proof  of  debt,  but  only  that  he  shall  trans- 
mit a  list  of  the  claims  proved  after  he  has  reason  to  believe  that  all  the  claims  have 
been  proved  against  the  estate  that  will  be  presented. 

General  Order  XXVI  shall  not  be  construed  to  require  the  Referee  to  transmit  to 
the  Clerk  a  separate  account  of  each  case  vviiich  may  be  referred  to  him,  but  only  a 
statement  of  his  disbursement  in  all  cases  and  for  all  causes  since  his  last  monthly 
return. 

RULE  XI. 
Notices:     How  Served. 

Section  1.  All  notices  required  to  be  given  under  section  58  of  tlie  Act  shall,  in 
case  the  Referee  so  directs,  be  given  by  the  bankrupt,  or  his  attorney,  in  voluntary 
cases,  and  by  the  petitioner,  or  his  attorney,  in  involuntary  cases;  the  person  giving 
the  notice  shall  make  return  to  the  Referee  in  the  form  of  an  affidavit  with  the  notice, 
or  copy  thereof,  annexed,  showing  due  mailing  and  publication  of  said  notice  as  required 
lay  law.  The  original  notice  shall  be  signed  by  the  Referee.  It  shall  be  printed  upon 
or  enclosed  within  a  sealed,  postpaid  wrapper  in  such  a  manner  that  the  address  and 
postmark  shall,  if  possible,  be  on  the  same  paper  as  the  notice;   or,  in  the  discretion 


798      RULES  IN  WESTERN  DISTRICT  OF  PENNSYLVANIA. 

of  the  Referee,  said  notice  may  be  printed  upon  a  postal  or  other  card.  It  is  not 
intended  by  this  rule  to  prohibit  the  use  of  "  official  envelopes." 

Section  2.  Notice  to  creditors  of  meetings  subsequent  to  the  first  in  cases  where 
there  are  undivided  assets  shall  be  given,  not  only  to  those  whose  names  appear  in  the 
schedules  filed,  but  also  to  such  additional  ones  whose  claims  have  been  duly  proved 
and  allowed  by  the  Referee. 

Section  3.  Notice  of  petitions  filed  with  the  Referee  for  interlocutory  orders  in 
the  case  shall  be  given  as  directed  by  the  Referee. 

RULE  XII. 
Referees  to  Transmit  Bonds,  etc.,  to  Clerk. 

It  shall  be  the  duty  of  referees  to  forthwith  transmit  to  the  clerk  all  bonds  of 
trustees.  The  Referee  shall  retain  in  his  possession  all  other  papers  and  records  until 
said  case  is  finally  closed.  He  shall  then  within  five  days  transmit  his  records,  books 
and  all  papers  in  the  case  to  the  clerk,  together  with  a  certificate  that  the  case  is 
closed. 

RULE  XIII. 
Pleadings:  How  Prepared. 
All  petitions,  schedules  and  pleadings  must  be  upon  white  paper,  approximately 
14  inches  long  by  8^  inches  wide.  All  pleadings  must  be  properly  endorsed  with  the 
name  of  the  court,  the  title  of  the  cause,  and.  if  the  parties  appear  by  attorney,  his 
name  and  office  address.  If  the  attorney  resides  in  a  city,  the  street  and  number  must 
be   given. 

RULE  XIV. 
Clerical  Requirements. 

A.  The  petition  for  adjudication  shall  be  signed  in  the  full  christian  and  surname 
of  the  petitioner,  and  the  petition  for  discliarge  in  the  same  manner;  in  other  places 
the  customary  signature  of  the  signer  may  be  used. 

B.  Full  sets  of  schedule  blanks  must  be  filed.  If  there  are  no  items  applicable 
to  any  particular  blank,  such  facts  should  be  stated  in  said  blank.  Each  schedule 
sheet  must  be  signed. 

C.  Petitioners  for  discharge  must  use  a  printed  blank  (Form  No.  57,  General 
Orders).  The  blank  spaces  may  be  filled  by  hand  or  typewriting,  but  the  main  body 
printed. 

D.  All  papers  must  be  so  endorsed  as  to  disclose  the  general  contents  thereof; 
and  all  orders,  decrees  and  rules  to  show  cause  submitted  to  the  Court  l)y  counsel 
must  be  prepared  so  that  when  served  they  will  of  themselves  be  self-explanatory. 

RULE  XV. 

Depositories. 

When  money  is  deposited  in  the  name  of  the  Clerk,  or  of  a  Trustee,  it  shall  not 
be  drawn  unless  by  check  signed  by  said  Clerk  or  Trustee,  having  on  its  face  the 
number  and  title  of  the  cause  and  countersigned  by  the  Referee  in  charge.  All  checks 
must  conform  to  this  rule,  and  also  to  the  requirements  of  General  Order  No.  XXIX. 
The  Clerk  shall  furnish  depositories  with  a  copy  of  said  general  orders  and  also  a 
copy  of  this  rule. 

RULE  XVI. 

Compositions  and  Discharges. 
A.  The   procedure   in   compositions   shall   be   as    follows:      The   petition    shall   set 
forth  that  the  composition  proposed  has  been  accepted  in  writing  by  a  majority  in 


RULES  IN  WESTERN  DISTRICT  OF  PENNSYLVANIA.  799 

number  and  amount  of  all  creditors  whose  claims  have  been  allowed;  that  a  fund 
sufficient  to  pay  the  consideration  proposed,  debts  having  priority,  and  the  costs  of 
the  proceedings,  has  been  deposited  subject  to  the  Judge's  order.  Thereupon  a  rule 
will  issue  upon  the  creditors  to  show  cause  why  the  proposed  composition  should  not 
be  confirmed.  Objecting  creditors  shall  enter  an  appearance  thereto  on  the  return 
day  and  file  specifications  of  their  objection  within  ten  days  thereafter. 

B.  Tlie  petition  for  discharge  shall  be  accompanied  by  a  certificate  by  the  Referee 
that  the  petitioner  has  been  examined  by  his  creditors,  or  has  submitted  himself  for 
examination  before  the  Referee,  and  also  a  certified  list  of  tlie  creditors  who  have 
proved  their  claims  before  the  Referee. 

C.  A  petition  for  confirmation  of  a  composition  shall  be  accompanied  by  a  cer- 
tificate of  the  Referee  that  the  petitioner  has  been  examined  by  his  creditors  or  lias 
submitted  himself  for  such  examination ;  a  list,  certified  by  the  Referee,  of  all  creditors 
who  have  proved  their  claims;  a  schedule  showing  the  names  and  addresses  of  the 
creditors  to  whom  distribution  of  the  composition  fund  is  made,  the  amount  of  their 
claims  and  the  sum  to  be  paid  each  under  tlie  terms  of  the  composition.  The  Referee 
may  require  the  said  schedule  to  be  prepared  by  the  bankrupt  or  his  attorney. 

RULE  XVII. 

Triplicate  Schedules. 

In  involuntary  cases,  the  schedule  filed  by  the  bankrupt  or  by  petitioning  creditors, 
shall  be  triplicate  —  one  copy  for  the  Clerk,  one  for  the  Referee  and  one  for  the 
Trustee  —  as   in    voluntary   cases. 

RULE  XVIII, 
Fees:     When  Paid   Officers. 

The  Trustee's  fee  of  five  dollars,  deposited  with  the  Clerk,  shall  be  paid  to  the 
Trustee  on  the  certificate  of  the  Referee  that  the  case  has  been  closed.  He  shall  be 
paid  such  commissions  as  may  be  allowed  by  the  Referee,  under  section  48  of  the 
Act,  upon  the  order  of  the  Referee  at  the  time  the  dividend  is  made.  The  Referee 
shall  be  paid  his  commission  at  the  same  time. 

In  every  case  where  an  adjudication  has  been  made,  the  Clerk  shall  be  entitled 
to  receive  the  filing  fee  of  ten  dollars.  The  Clerk  shall  pay  to  the  Referee  the  ten 
dollars  deposited  as  fees  of  the  Referee  upon  receiving  the  latter's  certificate  that 
tlie  case  has  been  closed.  ^'^Tlere  there  are  no  assets  the  case  shall  be  deemed  closed 
for  the  purpose  of  the  payment  of  said  fees  to  the  Referee  and  Trustee  when  a 
discharge  has  been  granted  or  refused  to  the  bankrupt.  If  no  application  for  a 
discharge  has  been  made  the  case  shall  be  deemed  closed  at  the  expiration  of  two 
months  from  the  date  of  the  adjudication.  In  cases  where  there  are  assets  the  case 
shall  be  deemed  closed  upon  the  confirmation  of  a  composition  or  payment  of  the 
final  dividend. 

RULE  XIX, 
Petition  in  Forma  Pauperis. 
In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt,  accompanied  by  the 
affidavit  prescribed  in  section  .51,  subdivision  2,  of  the  Act,  it  shall  be  the  duty  of 
the  Clerk  to  file  said  petition  without  the  payment  of  the  fees  provided  for  by  law. 
Petitioners  who  have  made  no  deposit  with  the  Clerk  should  be  examined  by  him, 
or  by  the  Referee,  on  their  appearance  before  him,  as  to  their  ability  to  pay.  If  the 
Clerk,  or  Referee,  is  not  satisfied  of  the  petitioner's  inability  to  make  the  deposit, 
a  report  thereof  should  be  made  to  the  Judge,  and  such  report  shall  be  sufficient 
proof  upon  which  to  base  proceedings  under  subdivision  4,  General  Order  No.  XXXV. 


800      RULES  IN  WESTERN  DISTRICT  OF  PENNSYLVANIA. 

RULE  XX. 
Fees  and  Expenses. 

There  shall  be  allowed  as  part  of  the  expenses  the  following  sums: 

1.  Amounts  paid   for  advertisements    (vouchers  annexed). 

2.  For  all  clerical  aid  in  preparing  advertisement  and  notices  to  creditors  of 
first  meeting,  mailing  the  same  and  proof  thereof,  keeping  register,  files  and  records, 
and  preparing  typewritten  memoranda  of  proceedings  prior  to  the  first  meeting  of 
creditors,  including  stationery,  envelopes,  printing,  letters,  messages,  and  all  petty 
expenses  —  $5. 

(In  the  monthly  account  this  item  may  be  called  clerical  aid,  etc.,  prior  to  first 
meeting.) 

3.  For  similar  clerical  aid,  etc.,  on  notices  of  application  for  discharge  or  con- 
firmation  of   composition  —  $5. 

4.  For  similar  clerical  aid,  etc.,  on  notices  of  each  and  any  other  meeting  of 
creditors  —  $2. 

.5.  If  notices  to  creditors  exceed  20  in  number,  in  any  of  above  cases,  10  cents 
in  addition  to  the  above  for  each  notice  in  excess  of  20  (the  number  of  creditors  to 
be   stated). 

().  For  use  of  office  and  for  clerical  aid  in  taking  and  keeping  notes  and  records 
of  proceedings  at  first  meeting  of  creditors  up  to  choice  or  appointment  and  qualifi- 
cation of  Trustee  (any  adjournments  at  creditors'  request  to  be  paid  for  by  them  at  the 
same  rate) — $2. .50. 

7.  For  second,  third  or  final  meeting  of  creditors,  the  same  as  above  —  $2..50. 

5.  For  clerical  aid  in  taking  and  perpetuating  testimony  on  the  examination  of 
the  bankrupt  or  other  persons  before  the  Referee  (where  the  parties  do  not  agree 
with  the  Referee's  approval  in  taking  such  examination  themselves),  10  cents  per 
folio,  whether  taken  in  long  hand  or  transcribed  from  stenographer's  notes,  to  be  paid 
by  the  party  examining  the  bankrupt  or  witness;  for  any  copy  of  testimony,  10  cents 
per  folio,  to  be  paid  by  the  jxirty  ordering  the  same. 

9.  For  copies  of  orders,  or  other  papers,  50  cents;  if  exceeding  one  page,  25  cents 
additional  for  each  page,  to  be  paid  by  the  party  ordering. 

10.  Clerical  aid  in  receiving,  endorsing,  filing,  recording  and  preserving  proofs  of 
claims,  to  be  paid  by  each  creditor  on  the  allowance  of  claim,  50  cents. 

11.  A  deposit  of  $5  with  the  Clerk  at  the  time  of  filing  the  petition,  and  of  $15 
with  the  Referee  at  the  time  of  appearance  before  him,  to  meet  the  foregoing  expenses 
fixed  by  this  rule,  shall  be  required  in  all  cases,  the  same  to  be  refunded  out  of  the 
assets  of  the  estate. 

RULE  XXI. 

Special  Order  of  Judges. 

In  matters  not  specially  provided  for  by  the  Bankruptcy  Act  of  1898,  the  general 
orders,  or  thes^  rules,  the  practice  of  the  District  Court  shall  be  subject  to  the  special 
order  of  the  District  Judge,  wdiich  order  shall  be  followed,  even  though  it  may  conflict 
with  these  rules. 


ALLEGHENY  COUNTY  DIST.,  W.  D.,  OF  PENNSYLVANIA.     801 

REFEREE'S   RULES   IN   BANKRUPTCY. 

In  the  Allegheny  County  District,  Western  District  of  Pennsylvania. 

In  addition  to  the  general  orders  and  rules  of  the  District  Court,  tlie  following 

rules  are  hereby  adopted  and  prescribed  for  the  regulation  of  proceedings  in  bankruptcy 

in  Allegheny  County  District  of  Western  District  of  Pennsylvania,  pursuant  to  Eule  1 

of  the  District  Court.    These  rules  shall  yield  to  any  special  order  hereafter  prescribed. 

WILLIAM  R.  BLAIR, 
Referee  in,  BanJcruptcy  for  Allegheny  Coiinti/  District. 

RULE  I. 
Time  and  Place  of  Proceedings. 

Unless  otherwise  ordered,  all  proceedings  in  bankruptcy  shall  be  held  at  the 
office  of  the  Referee,  Room  25,  St.  Nicholas  Building,  450  Fourth  avenue,  Pittsburgh, 
Pennsylvania.  Tuesday  and  Friday  from  10  a.  m.  to  12  m.  in  each  week  shall  be  the 
regular  days  for  motions  and  hearings  where  no  testimony  is  to  be  taken.  No 
motions  or  arguments  will  be  heard  on  any  other  day  except  for  special  reasons.  At 
all  other  times  than  Tuesday  and  Friday  mornings,  the  regular  order  of  business  of 
the  Court  before  the  Referee,  shall  be,  meetings  of  creditors  and  hearings  for  the 
purpose  of  taking  testimony,  as  ilaay  be  fixed  by  special  order  of  the  Referee. 

RULE  II. 
Files  and  Records. 
Tlie  office  of  the  Referee  shall  be  open  for  tlie  filing  of  papers,  and  the  files  and 
records  must  be  open  for  public  inspection  on  all  days,  not  holidays  or  half  holidays, 
between  the  hours  of  10  a.  m.  and  3  p.  m.  No  paper  or  record  shall  be  taken  from 
the  office  of  the  Referee  for  any  purpose  whatever,  except  on  a  written  order  of  the 
Referee,  and  in  that  event  such  order  shall  be  left  in  place  of  the  paper  or  record  so 
taken  as  a  voucher  therefor. 

RULE  III. 
Appearances. 

Appearances  shall  be  entered  by  filing  with  the  Referee  a  written  praecipe  stating 
ihe  name  and  residence  of  the  party  for  whom  appearance  is  entered,  and  the  amount 
of  claim  if  for  a  creditor.  If  the  appearance  is  special,  the  special  pur]iose  shall  be 
set  forth  fully  in  the  praecipe.  No  appearance  for  a  creditor  other  than  special  shall 
be  entered  or  noted,  until  the  proof  of  debt  of  such  creditor  shall  have  been  filed  for 
allowance.  An  appearance  by  any  person  other  than  by  a  party  in  person,  or  by  an 
attorney-at-law  of  the  District  Court  of  the  United  States  for  the  Western  District 
of  Pennsylvania  shall  be  accompanied  by  a  letter  of  attorney  substantially  in  the  form 
No.  20  attached  to  the  general  orders  which  shall  be  filed  with  the  praecipe.  Any 
attorney-at-law  of  the  Court  may  be  required  by  the  Referee  to  file  a  letter  of  attorney 
authorizing  his  appearance,  and  the  Referee  may  refuse  to  allow  an  attorney  who  is 
unable  to  produce  written  evidence  of  his  authority  to  participate  in  further  pro- 
ceedings in  the  case  until  such  written  evidence   is  filed. 

RULE  IV. 

Preparation  of  Papers. 

All  bonds,  orders,  dividend  sheets,  reports,  returns  and  other  papers  shall  be  pre- 
pared by  the  attorney  for  the  estate  or  bankrupt  appearing  in  person.  All  such  papers 
fihall  be  written,  typewritten  or  printed  on  white  paper  of  the  size  of  legal  cap,  and 
shall  be  endorsed  as  provided  in  Rule  12  for  the  District  Court  in  Bankruptcy. 


802     ALLEGHENY  COUNTY  DIST.,  W.  D.,  OF  PENNSYLVANIA. 

RULE  V. 

Notices. 

All  notices  of  petitions  for  interlocutory  orders  shall  be  given  by  the  petitioner 
unless  otherwise  specially  ordered  by  the  Referee. 

RULE  VL 
Practice  on  Amendments;   Bringing  in  New  Parties,  etc. 

Section  1.  Prior  to  the  time  set  for,  or  before  the  transaction  of  any  other  biisiness 
at  the  first  meeting  of  creditors,  a  petition  and  schedules  or  other  papers  may  be 
amended  and  new  parties  brought  in,  as  of  course  and  without  notice,  unless  other- 
wise ordered.  Except  as  hereinbefore  in  this  rule  provided,  at  or  before  the  first 
meeting  of  creditors,  a  petition  and  schedules  or  other  papers  shall  not  be  amended 
in  any  material  matter,  except  on  an  application,  made  either  at  a  stated  meeting  or 
hearing  (or  upon  motion)  and  cause  shown,  after  due  notice  to  the  adverse  party  or 
the  creditor  or  other  party  in  interest  to  be  afTected  thereby.  In  case  the  amendment 
will  add  a  party  to  the  proceeding,  such  party  shall  be  entitled  to  notice  of  the 
motion,  and  any  meeting  already  noticed  may  be  adjourned  for  that  purpose.  If 
publication  is  begun  or  is  completed  when  the  motion  for  the  amendment  adding 
other  parties  is  made,  further  publication  as  to  such  other  parties  may  be  dispensed 
with. 

Section  2.  All  applications  for  amendments  shall  be  made  by  a  verified  petition 
addressed  to  the  Referee,  and  the  amendments  desired  shall  be  set  out  in  separate 
schedules  or  paragraphs,  and  in  such  way  as  to  bring  them  clearly  to  the  attention 
of  the  Referee.  Similar  schedules  or  paragraphs  shall  also  be  incorporated  in  any 
order  granting  amendments.  Copies  of  orders  which  amend  a  petition  and  schedules, 
dirly  certified  by  the  Referee,  shall  be  forthwith  file^'  with  the  Clerk,  and,  if  then 
appointed,  with   the  Trustee. 

RULE  VIL 
Creditors'  Meeting. 

The  order  of  business  at  all  creditors'  meetings,  unless  a  special  order  is  made  to 
the  contrary,  shall  be  as  follows:  (1)  Consideration  of  proofs  of  debt;  (2)  Choice 
and  appointment  of  trustees;  (3)  Examination  of  the  bankrupt  on  oath;  (4)  Special 
motions.  Only  creditors  whose  claims  have  been  allowed  or  attorneys  authorized  to 
represent  such  creditors  may  take  part  in  the  choice  of  the  Trustee. 

RULE  VIII. 
Filing  and  Allowance  of  Proofs  of  Debt. 

Section  I.  Proofs  of  debt  filed  for  allowance  must  conform  to  section  57  of  tlie 
Act,  and  to  General  Order  XXI.  Claims  which  are  not  properly  proven  will  be  marked 
suspended,  and  will  not  be  taken  up  again  except  on  special  request  or  motion.  The 
Referee  will  not  notify  creditors  of  the  allowance,  disallowance  or  suspension  of  claims 
except  in  answer  to  verbal  or  written  requests.  Claims  which  are  objected  to  or  con- 
tested will  be  considered  and  allowed  or  disallowed  as  soon  as  possible  after  the 
objection  or  contest  is  noted.  Such  objection  or  the  ground  of  such  contest,  must,  if 
required  by  the  Referee,  be  reduced  to  writing,  verified  and  filed.  Testimony  on  con- 
tested claims  may  be  heard  at  any  time  if  the  adverse  parties  are  present  or  repre- 
sented, provided  such  hearing  shall  not  interfere  with  the  regular  order  of  the  day, 
and  such  adverse  party  is  present  or  represented,  otherwise  only  on  notice  to  the 
Trustee,  or,  if  he  is  the  moving  party,  on  notice  to  the  claimant  or  his  attorney. 

Section  2.  Claims  upon  which  a  judgment  has  been  recovered  shall  be  proved  as 
secured  claims;   if  the  claimant  so  desire  he  may  add  to  the  proof  in  such  cases  a 


ALLEGHENY  COUNTY  DIST.,  W.  D.,  OF  PENNSYLVANLl.  803 

waiver  and  release  of  any  lien  or  security  resulting  from  such  judgment,  and  in 
case  of  such  waiver  and  release  the  claim  may  be  allowed  by  the  Referee  as  an 
unsecured  claim. 

Section  3.  In  cases  where  a  claimant  has  several  claims  of  the  same  class,  as  for 
instance,  several  promissory  notes  or  promissory  notes  and  a  book  account,  the  claims 
shall  be  embodied  in  one  proof  of  debt,  and  in  such  cases  a  brief  itemized  statement 
of  the  claim  shall  be  contained  in  or  attached  to  the  proof  of  debt;  but  claims  of 
different  classes,  as  for  instance  secured  claims  and  xinsecured  claims,  shall  not  be 
contained  in  the  same  proof  of  debt. 

RULE  IX. 
Examination  of  Bankrupt. 

Section  1.  The  bankrupt  shall  attend  on  the  day  set  for  the  first  meeting  of  his 
creditors,  and  on  the  day  set  for  tlie  final  meeting  of  creditors.  He  may  be  briefly 
examined  in  the  regular  order  on  the  call  of  the  case,  but  if  such  examination  will 
last  more  than  fifteen  minutes,  or  if  other  witnesses  are  to  be  called,  the  meeting 
shall  he  continued  to  some  other  day  and  hour,  to  be  fixed  by  the  Referee. 

Section  2.  In  case  the  creditors  do  not  desire  to  examine  the  bankrupt  at  the 
first  meeting  or  at  tlie  adjournment  thereof,  an  order  for  examination  will  be  granted 
by  the  Referee  on  motion  by  tlie  Trustee  or  any  Trustee  or  any  creditor  whose  claim 
has  been  allowed.  Notice  of  such  examination  shall  be  given  as  required  by  section 
58,  of  the  Act  of  July  1,  1898,  by  the  Trustee  or  creditor  obtaining  such  order  and 
proof  of  such  notice  shall  be  filed  with  the  Referee  at  or  prior  to  the  time  fixed  for 
said  examination.  After  an  examination  ordered  and  held  as  aforesaid,  another  exami- 
nation of  the  bankrupt  will  not  be  ordered,  except  upon  cause  shown. 

RULE  X. 
Perpetuation   of   Testimony. 

Section  1.  The  examination  of  the  bankrupt  and  of  any  witnesses  at  meetings  of 
creditors  or  otherwise  and  all  testimony  oft'ered  on  contested  claims,  or  for  any  other 
purpose,  will  be  taken  down  by  the  official  stenographer  in  the  form  of  question  and 
answer  and  transcribed,  signed  and  filed  of  record  with  the  Referee.  The  expense 
of  thus  perpetuating  testimony  will  be  at  the  rate  of  ten  cents  (10c)  a  folio  for  both 
copies  and  shall  be  paid  as  follows:  Where  there  are  no  assets  for  one  reasonable 
examination  in  one  day,  by  the  bankrupt,  and  thereafter  by  the  creditor  or  party  in 
interest  for  whose  benefit  or  at  whose  request  such  examination  or  testimony  is  had 
or  taken;  where  there  are  assets,  as  may  be  ordered  by  the  Referee  in  each  particular 
case. 

Section  2.  After  the  testimony  has  been  transcribed,  the  attorney  calling  the 
witness  examined,  sliall  notify  said  witness  to  appear  before  the  Referee,  that  such 
testimony  may  be  signed  as  provided  in  General  Order  XXII. 

RULE  XI. 
Duties  of  Appraisers. 

Appraisers  shall  within  ten  days  after  their  appointment,  imless  such  time  be 
extended  by  the  Referee,  file  their  report  substantially  in  tlie  form  known  as  Form 
No.  13,  and  they  shall  also  include  in  the  report  a  schedule  of  the  property  claimed 
as  exempt  by  the  bankrupt,  with  the  value  of  each  item  or  article  thereof. 


804    ALLEGHENY  COUNTY  DIST.,  W.  D.,  OF  PENNSYLVANIA. 

RULE  XII. 
Miscellaneous  Provisions  as  to  Trustees. 

Section  1.     Trustees'  bonds  shall  conform  to  Form  No.  25,  but  such  bonds  shall  be 
properly   entitled  in  the   proceeding;    the   principal,   and   sureties   thereon,   sliall   duly 
acknowledge  the  execution  thereof,  and  the  sureties  shall  justify  in  the  penal  sum  of 
the  bond  by  making  and  filing  with  the  bond  an  affidavit  substantially  as  follows: 
Western  District  of  Pennsylvania,  County  of  Allegheny,  ss. : 

of 

being  duly  sworn,  says  that  he  is  one  of  the  sureties  to  the  annexed  bond,  that  he 
is   a   resident   of 

and  that  he  is  worth  the  sum  of 

over  and  abov«  all  his  debts  and  exemptions  and  liabilities,  which  he   owes   or   has 
incurred,  and  exclusive  of  property  exempt  by  law  from  levy  and  sale  under  execution. 


Subscribed  and  sworn  to  before  me  this 

day  of ,  19 . 


Section  2.  The  Trustee  shall  attend  all  examination  of  the  bankrupt  held  after  he 
shall  qualify,  and  all  meetings  of  creditors,  and  it  shall  be  the  duty  of  the  attorney 
of  the  estate  to  notify  him  of  such  examinations  and  meetings. 

Section  3.  It  shall  be  the  duty  of  the  Trustee  in  cases  which  show  no  assets, 
and  where  no  examination  of  the  bankrupt  has  been  asked,  to  carefully  examine  the 
bankrupt  as  to  his  acts  and  property,  and  to  report  any  pertinent  facts  which  may 
appear  on  such  examination. 

Section  4.  If  the  Trustee  is  satisfied  that  there  are  no  assets  that  can  come  into 
his  hands  for  administration,  he  shall  forthwith  report  no  assets;  and  ask  for  his 
discharge.  If  in  a  case  claimed  to  show  no  assets,  lie  shall  be  in  doubt,  or  if  he 
shall  be  of  the  opinion  that  there  are  assets  in  such  an  estate,  he  shall  forthwith 
report  the  facts  by  petition,  asking  for  instructions. 

Section  5.  If  the  Trustee  is  satisfied  tliat  there  are  assets  in  the  estate  which 
have  no  value  or  the  assumption  of  which  would  prove  a  burden  to  the  estate,  it 
shall  be  his  duty  forthwith  to  report  the  facts  by  petition  asking  for  instructions. 

Section  6.  It  shall  l)e  the  duty  of  tTie  Trustee  of  an  estate  wliicli  sliows  assets 
to  examine  all  claims  filed  at  least  once  in  every  thirty  days  and  if  the  same  are 
found  improperly  proved  or  in  any  way  so  deficient  as  to  prevent  their  allowance  if 
not  contested,  to  notify  the  creditors  filing  such  claims  of  such  deficiencies  and  ask 
tliat  the  same  be  proved  as  provided  in  section  57  of  the  Act  and  General  Order  XXI, 
at  a  time  to  be  fixed  by  the  Heferee. 

Section  7.     All  reports  and  returns  made  by  the  Trustee  shall  be  verified. 

RULE  XIII. 
Setting  off  Exemptions. 
Section  1.     Where  there  is  no  Trustee  appointed,  the  exemptions  claimed  by  the 
bankrupt  may  be  set  off  to  him  at  the  time  the  order  to  that  efl'ect  is  signed,  and, 
in  that  event,  tlie  following  clause  shall  be  inserted  in  Form  No.  27 : 

"And  it  appearing  that  the  said  bankrupt  is  entitled  to  the  exemptions  claimed 
in  the  schedules  accompanying  the  petition  herein,  it  is  further  ordered  that  the 
property  claimed  in  said  schedules,  being  exempt  pxirsuant  to  Act  of  Assembly  of  the 


ALLEGHENY  COUNTY  DIST.,  W.  D.,  OF  PENNSYLVANIA.  805 

Commoiiwoalth  of  Pennsylvania    (approved  April  9,  1849,  P.  L.  533),  and  its   supple- 
ments be,  and  the  same  hereby  is,  set  oil"  to  the  said , 

the  bankrupt." 

Prior  to  asking  for  such  order,  the  bankrupt  shall  satisfy  the  Peferee,  by 
affidavit  or  otherwise,  as  to  the  value  of  such  exemptions,  and  that  he  is  entitled 
to  the  same. 

Section  2.  Reports  of  trustees  of  articles  set  apart  by  them  as  exempt  to  the 
bankrupt's,  shall  at  the  time  tliey  are  filed  be  confirmed  nisi  by  the  Referee,  and 
said  confirmation  shall  become  absolute  in  twenty  days  without  further  order,  unless 
exception  be  in  the  meantime  filed  thereto,  in  accordance  with  the  General  Order 
XVII. 

RULE  XIV. 

Hearings  on  Special  Reference. 
On  receipt  of  a  special  order  of  reference  the  Referee  will,  on  motion  of  any  party 
interested,  fix  a  day  on  wliich  the  parties  shall  appear  before  him  and  proceed  with 
the  reference;  notice  thereof,  as  directed  by  the  Referee,  shall  be  given  to  the  adverse 
parties  by  the  party  at  whose  instance  the  time  is  fixed.  If  testimony  is  taken  upon 
said  reference,  it  shall  be  taken,  transcril)ed,  and  paid  for,  in  the  same  manner,  and 
at  the  same  rate  by  the  moving  party  as  is  prescrilied  in  Rule  10  of  these  rules. 

[Rules  for  Western  District  of  Pennsylvania  and  Referee's  Rules  in  Allegheny 
county  are  taken  by  permission  from  "  Campbell's  Federal  Rules  ".] 


DISTRICT  OF  MARYLAND. 


RULE  I. 

Forms   of  Pleadings,   etc. 

All  pleadings,  petitions,  proofs  of  claims  and  orders  filed  in  bankruptcy  proceedings 
shall  be  typewritten,  printed  or  legibly  written  without  blots,  interlineations  or 
erasures,  materially  defacing  the  same,  on  white  paper,  legal  cap  size,  approximately 
thirteen  inches  long  by  eight  inches  wide. 

All  papers  should  be  properly  folded  and  endorsed  outside  with:  (1)  Number  of 
case;  (2)  title  of  court;  (3)  title  of  case;  (4)  character  of  paper;  (5)  name  and  address 
of  attorney  presenting  the  same. 

Petitions  for  adjudication  shall  state  the  first  name  of  the  debtor  in  full,  where  he 
has  resided,  including  the  street  and  number,  if  any,  and  also  where  his  principal  place 
of  business,  if  any,  has  been  during  the  preceding  six  months,  or  the  greater  part 
thereof;  and  tlie  schedules,  as  respects  creditors  in  cities  of  50,000  inhabitants  or  more, 
should  state  the  street  and  number  of  their  last  known  residence  or  place  of  business, 
if  known;  if  not  known,  that  fact  must  be  stated. 

Full  sets  of  schedule  blanks  must  ba  filed.  Each  question  contained  in  said  blanks 
must  be  answered  separately.  If  there  are  no  items  applicable  to  any  particular  blank, 
such  fact  should  be  stated  in  said  blank.  Each  scliedule  sheet  must  be  signed  by  the 
petitioner  or  petitioners. 

If  the  schedules  do  not  comply  with  the  above  rule,  they  may  be  ordered  to  be 
corrected  by  the  Referee  to  whom  the  case  is  referred,  before  further  proceedings  are 
allowed  in  the  case. 

All  amended  or  additional  schedules  shall  be  filed  in  trijjlicate,  duly  signed  and 
sworn  to,  as  required  for  tlie  originals. 

RULE  II. 
Costs  Which  Referee  May  Require  to  Be  Paid  in  Advance. 
The  Referee  shall  be  entitled  to  collect,  in  advance  of  services  to  be  rendered,  costs 
and  expenditures  in  accordance  with  the  following  schedule: 

1.  Amounts  required  to  be  paid  for  advertising. 

2.  For  each  set  of  notices  (not  exceeding  20) $3  00 

For  each  notice  above  20 15 

3.  For    clerical   aid    in    preparing   advertisement,   of    nrst    meeting,    keeping 

register,    files,    and    records    including    stationery,    envelopes,    printing, 
messages  and  all  petty  expenses 4  00 

4.  For  certifying  question  to  Judge  for  review  with  necessary  record 3  00 

5.  For  each  day  necessarily  spent   (provided  it  is  by  order  of  court  or  upon 

request  of  creditors)   by  Referee  out  of  the  county  of  liis  residence  for 

first  or  other  meeting  of  creditors 5  00 

6.  For  copies  of  orders  or  other  i)apers,  50  cents  eacli :  if  exceeding  one  page  25 

cents  additional  for  each  page,  to  be  paid  by  the  party  ordering. 

RULE  IIL 
Appointment  of  Appraisers. 
Pursuant  to  section  38,  sub-section  4  of  the  Act  of  Congress  entitled  "An  act  to 
establ.sh  a  Uniform  System  of  Bankruptcy  throughout  the  United  States,"  approved 

[S06] 


RULES  IN  DISTRICT  OF  .MARYLAND.  807 

July  1,  ISOS,  the  court  does  hereby  prescribe  that  in  addition  to  tlie  oilier  duties  of 
tlie  Referees  in  Banlcruptcy,  of  this  court  under  said  Act,  they  shall  appoint  appraisers 
to  appraise  the  real  and  personal  property  belonrjing'  to  bankrupt  estates,  as  required 
by  section  70,  sub-section  B  of  said  Act,  and  fix  their  compensation. 

RULE  IV. 
Ratification  of  Sales. 

At  least  ten  days'  notice,  l)y  mail,  sliall  be  given  by  the  Referee  to  all  creditors 
of  the  bankrupt,  of  all  proposed  public  sales  of  real  estate.  Upon  the  report  of  any 
sale,  public  or  private,  of  real  estate,  made  by  any  Trustee  or  Receiver  in  Bankruptcy, 
an  order  will  be  passed  by  the  court,  ratifying  said  sale,  on  some  certain  day  named  in 
the  order,  not  less  than  fifteen  days  after  the  date  thereof;  and  unless  otherwise 
specially  ordered  by  the  court,  upon  cause  therefor  being  shown,  at  least  ten  days' 
notice  of  said  order  nisi  shall  be  mailed  to  all  creditors  by  the  Referee;  and  if  no 
exceptions  be  filed  or  cause  exist  for  setting  aside  the  said  sale,  the  same  will,  at  any 
time  after  the  day  so  named,  be  absolutely  ratified  and  confirmed. 

\Yith  the  consent  of  all  the  parties  interested  therein,  or  in  exceptional  cases  which 
appear  to  the  court  to  require  it,  a  special  order  may  be  obtained  for  the  immediate 
ratification  of  a  particular  sale. 

It  shall  be  the  duty  of  the  Referee,  on  or  before  the  day  named  in  the  order  for 
finally  ratifying  and  confirming  said  sale,  to  file  in  the  Clerk's  office,  a  certificate  that 
he  has  given  the  notice  to  creditors  of  the  proposed  sale  and  of  the  order  nisi,  required 
by  tliis  rule. 

RULE  V. 
Duties  of  Referees. 

It  shall  be  the  duty  of  Referees  to  give  all  notices  required  by  the  Act  to  be 
given  to  creditors.  Referees  shall  on  all  applications  for  discharge,  certify  to  the  court, 
not  later  than  the  day  set  for  the  hearing  of  said  application,  that  they  have  given 
tlie  requisite  notice  to  creditors  of  said  hearing,  and  further,  that  they  know  of  no 
reason,  if  such  be  the  case,  why  said  discharge  should  not  be  granted.  Should  the 
Referee  know  of  any  reason  why  said  discharge  should  not  be  granted,  he  should 
certify  to  the  court  his  reasons  therefor. 

In  all  cases  of  sales  of  real  or  personal  property,  where  notice  to  creditors  is 
required  to  be  given,  the  Referee  shall  on  or  before  the  date  fixed  for  the  final  ratifi- 
cation of  said  sale,  certify  to  the  court  that  such  notice  has  been  given. 

The  Referee's  certificate  of  the  appointment  or  election  of  Trustee  or  Trustees 
shall  be  promptly  forwarded  to  the  Clerk,  as  well  as  the  Trustee's  bond,  duly  approved. 
All  other  papers,  left  with  the  Referee  to  be  filed,  except  claims  and  powers  of  attorney, 
shall  be  sent  to  the  Clerk  of  this  court,  to  be  filed  among  the  papers  in  the  case.  And 
if  the  court  papers  are  sent  by  the  Clerk  to  the  Referee,  for  any  purpose  they  shall  be 
returned  to  the  Clerk,  as  soon  as  practicable. 

All  orders  for  the  sale  of  real  and  personal  property,  the  appointment  of  Receivers 
and  approval  of  Receiver's  bonds,  and  for  the  allowance  of  counsel  fees,  in  bankruptcy 
cases,  shall  be  signed  by  the  Judge  of  this  court,  unless  otherwise  ordered. 

RULE  VI. 
Examination  of  Bankrupt. 

At  all  first  meetings  of  creditors,  bankrupts  must  submit  to  the  examination 
provided  in  section  7  (par.  9)  of  the  Bankruptcy  Act,  which  examination  may  be  con- 
ducted by  the  creditors  or  their  counsel,  or  by  the  Referee  sitting  in  the  case;  and 
sa'd  examination  shall  be  sufficient  in  extent  to  enable  the  Referee  to  determine  whether 
tho  bankrupt  has  complied  with  the  law  in  all  particulars. 


808  RULES  IN  DISTRICT  OF  JVIARYLAND. 

RULE  VII. 
Duties  of  Trustees  and  Receivers. 

It  shall  be  the  duty  of  every  Receiver  and  Trvistee  in  Bankruptcy  whether  acting 
alone  or  jointly  with  others,  to  qualify  immediately  after  his  appointment;  they  shall 
then  use  all  due  diligence  in  the  search  for  property  of  every  kind  whatsoever  which 
belongs  to  the  bankrupt  estate  vested  in  them;  and  having  found  the  same  shall  take 
possession  thereof  in  such  manner  as  may  be  lawful.  It  shall  be  the  duty  of  said 
Receiver  or  Trustee  to  ask  for  the  appointment  of  appraisers  without  delay,  and  to  aid 
said  appraisers  ( when  appointed )  in  the  performance  of  their  duties  by  pointing  out  the 
property  of  the  bankrupt,  and  by  furnishing  to  them  all  proper  and  useful  information 
relating  to  said  estate,  to  the  end  that  all  the  property  of  every  kind  belonging  to  said 
estate  shall  be  promptly  inspected,  inventoried,  valued  and  returned  by  said  appraisers 
to  the  court. 

And  before  any  appraisement  and  return  shall  be  filed  with  the  Referee  in  Bank- 
ruptcy, said  Receivers  or  Trustees  shall  ea.ch  sign  and  append  to  every  return  a  certifi- 
cate in  form  following: 

The  aforegoing  is  a  true  and  perfect  inventory  of  all  and  singular  the  estate  of 

every  kind  of bankrupt,  except  ( a ) 

which,  after  due  diligence,  we  (I)    (or  either  of  us)  have  been  able  to  discover.    We  (I) 

have  taken  possession  of  all  said  estate  except  (b) and  now 

hold  the  same;  we  (I)  know  of  no  concealment,  nor  do  we  (I)  suspect  any  to  exist; 
and  should  we  (I)  find  any,  we  (I)  will,  by  proper  proceedings,  promptly  bring  the 
same  to  the  attention  of  the  court. 

The  above  certificate  must  be  sworn  to  by  the  said  Receivers  or  Trustees;  and  in 
case  three  Trustees  have  been  appointed  for  one  estate,  by  at  least  two  of  them :  the 
affidavit  to  be  made  before  some  officer  authorized  by  the  practice  of  this  court,  to 
administer  oaths,  who  shall  certify  thereto. 

It  is  further  ordered,  that  in  the  event  that  a  proper  inventory,  appraisement  and 
return  of  the  property  of  any  bankrupt  estate  shall  not  be  filed  in  accordance  with  the 
provisions  of  the  law  and  this  rule  within  thirty  days  after  the  appointment  of 
Receivers  or  Trustees,  it  shall  be  the  duty  of  the  Referee  to  whom  said  case  has  been 
referred  (unless  previously  to  the  expiration  of  said  thirty  days  the  time  has  ueen 
extended  for  cause  by  order  of  court  upon  petition),  to  notify  said  Receivers  or  Trustees 
of  their  neglect;  and  if  said  return  shall  not  be  filed  within  ten  days  thereafter  it  shall 
be  the  duty  of  said  Referee  to  prepare  and  lay  before  the  Judges  of  this  court  a  rule 
upon  said  Receivers  or  Trustees  to  show  cause  within  five  days  thereafter  why  they 
should  not  be  removed. 

It  shall  be  the  dutv'  of  all  Trustees  in  Bankruptcy  to  report  to  the  court,  in  writing, 
the  condition  of  estates,  amounts  of  money  in  hand,  and  such  other  details  as  may  be 
required  by  the  court,  as  provided  for  by  the  Act.  It  shall  also  be  the  duty  of  Receivers 
appointed  in  bankruptcy  to  report  in  like  manner. 

And  whenever  any  Receiver  or  Receivers,  Trustee  or  Trustees  of  any  bankrupt 
estate,  shall  neglect  to  file  any  report  or  statement,  which  it  is  made  his  or  their  duty 
to  file  or  make  by  the  Act,  or  by  any  general  or  special  order  in  bankruptcy,  within 
three  months  from  the  date  of  their  appointment,  and  within  every  three  months 
thereafter,  it  shall  be  the  duty  of  the  Referee  to  notify  said  Receivers  or  Trustees, 
as  the  case  may  be,  by  mail,  that  unless  said  report  or  statement  shall  be  filed  by  tliem 
in  writing  and  duly  sworn  to  within  ten  days  from  the  date  of  said  notice,  that  a  rule 
will  be  laid  upon  them  requiring  them  to  show  cause  before  the  Judge  why  they  should 
not  be  removed  from  office. 

RULE  VIII. 
Rule  VIII  rescinded  by  order  of  court  passed  20th  February,  1014. 


RULES  IN  DISTRICT  OF  MARYLAND.  809 

RULE  IX. 

Recording  of  Papers. 

The  Clerk  shall,  in  well-bound  books,  make  up  and  complete  a  record  of  all 
bankruptcy  cases  where  the  title  to  real  estate  is  involved;  said  record  to  consist  of 
such  papers  as  may  be  selected  by  the  Clerk  or  designated  by  the  attorney  for  the 
purchaser  or  purchasers. 

The  cost  of  such  recording  shall  be  paid  out  of  the  assets  of  the  estate,  unless 
otherwise  ordered  by  the  court. 

RULE  X. 
Deposits  and  Withdrawals  of  Money  by  Receivers. 

It  shall  be  the  duty  of  Receivers  appointed  by  this  court  to  deposit  all  moneys 
received  by  them  in  one  of  the  designated  depositories;  and  no  money  shall  be  drawn 
from  the  depository  unless  by  check  or  warrant,  signed  by  such  Receiver  or  Receivers, 
and  countersigned  by  the  Judge  of  the  court  or  by  the  Referee  to  whom  the  case  may 
have  been  referred,  or  who  may  be  designated,  for  that  purpose  by  the  Judge,  if  there 
has  been  no  adjudication  and  reference  in  the  case,  which  check  or  warrant  shall  state 
the  date,  the  sum  and  the  account  for  which  it  is  drawn. 

RULE  XT. 

Premiums  on  Bonds. 

Whenever  Trustees  or  Receivers  are  required  to  give  a  bond  with  security  and 
the  same  shall  be  given  with  a  sixrety  company  as  surety,  and  shall  be  approved,  then 
tlie  jjremiums  paid  or  to  be  paid  for  such  bond  and  for  the  renewals  thereof,  if  reason- 
able, may  be  allowed  by  the  Referee  as  jDart  of  the  expenses  of  the  administration  of 
the  estate,  and  the  amount  of  such  premium  paid  or  to  be  paid  shall  be  endorsed  on 
the  bond  before  approval  by  the  Referee. 

RULE  XII. 

It  is  ordered  by  the  District  Court  of  the  United  States  for  the  District  of  Maryland, 
this  second  day  of  July,  1915,  that  with  the  petition  for  confirmation  of  a  composition 
the  debtor  and  his  attorney  shall  file  an  affidavit  or  affidavits,  which,  shall  show  each 
and  every  amount  of  money,  articles  or  other  consideration  paid  theretofore,  or  promised 
or  agreed  to  be  paid  then  or  at  any  subsequent  time,  directly  or  indirectly  to  any 
person,  as  fees  or  otherwise  in  the  furtherance  of.  or  having  any  relation  whatever 
to  said  composition,  except  the  money  or  consideration  specifically  set  forth  in  said 
composition  offer  to  be  paid  to  creditors.  If  any  moneys  or  other  consideration  has 
been  or  is  to  be  paid,  directly  or  indirectly,  in  the  furtherance  of  any  composition  to 
any  Receiver,  Trustee,  solicitor  for  a  Receiver  or  Trustee,  or  solicitor  for  the  petitioning 
or  other  creditors,  there  shall  likewise  be  filed  by  each  of  them,  to  whom  such  payment 
has  been  or  is  to  be  made,  an  affidavit  or  affidavits,  setting  forth  the  amount  thereof, 
and  how  and  when  it  has  been  or  is  to  be  made,  and  the  purpose  thereof.  Brief  notice 
of  said  amount,  articles  or  other  consideration,  if  any,  shall  be  sent  to  all  creditors  in  tlie 
notice  of  the  return  of  the  rule  to  show  cause  why  said  composition  should  not  be 
confirmed. 


SUPREME  COURT  OF  THE  DISTRICT  OF  COLUMBIA. 


RULE  I. 
Petitions. 
Petitions  shall  state  the  full  name  of  the  debtor,  where  he  has  resided,  including 
the  street  and  number,  if  any,  his  principal  place  of  business,  if  any,  during  the 
preceding  six  months,  or  the  greater  part  thereof.  Petitions  by  one  or  more  of  several 
partners  should  state,  in  case  a  discharge  from  copartnership  debts  is  desired,  whether 
there  are  firm  assets,  and,  if  there  are,  the  petition  should  further  state  whether  the  firm 
and  any  other  partners  not  joining  in  the  petition  are  solvent  or  insolvent,  and,  if 
insolvent,  the  place  of  residence  and  whereabouts  of  such  other  partners,  so  far  as 
known,  or  ascertainable,  in  order  that  they  may  be  brought  in  as  parties  in  case  they 
refuse  to  join  in  the  petition. 

RULE  II. 

Schedules. 
Schedules  shall  be  filed  with  the  Clerk  of  the  court,  and  should  be  prepared  upon 
printed  forms  and  should  state  the  street  and  number  of  the  residence,  or  place  of 
business,  so  far  as  known,  of  creditors.  When  a  partnership  and  the  individual 
members  thereof  are  adjudicated  bankrupt,  separate  schedules  shall  be  filed  of  partner- 
ship and  individual  assets  and  liabilities. 

RULE  III. 
Petitions  in  Forma  Pauperis. 

In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt  accompanied  by  an 
affidavit  under  subdivision  2  of  section  51  of  said  Bankruptcy  Act,  it  shall  be  the  duty 
of  the  Clerk  to  file  said  petition  without  exacting  the  payment  of  the  fees  provided 
for  by  the  Bankruptcy  Act.  The  Clerk  may  request  the  Referee  to  examine  into  the 
truth  of  such  affidavit,  or  the  Referee  may,  of  his  own  motion,  make  such  an 
examination. 

If  upon  examination  the  Referee  finds  that  the  bankrupt  is  not  entitled  to  be 
relieved  from  payment  of  the  filing  fees,  the  Referee  shall  order  him  to  pay  such  fees 
within  a  specified  time.  If  the  bankrupt  fails  to  comply  with  the  Referee's  order  such 
fact  shall  be  certified  by  the  Referee  to  the  Judge,  for  dismissal  of  the  petition,  as 
provided  in  General  Order  XXXV  (4)  in  Bankruptcy. 

RULE  IV. 

Reference  of  Cases. 
Cases  shall  be  referred  to  the  several  Referees  in  rotation  unless  o'^/herwise  specially 
ordered  by  the  Judge. 

RULE  V. 
Protection  of  Property  Pending  Election  of  Trustee. 
Upon  an  adjudication  of  bankruptcy  the  attorney  for  the  bankrupt  shall  assume 
responsibility  for  the  care  and  protection  of  the  assets  of  the  bankrupt  until  the  election 
of  a  Trustee,  or  the  appointment  of  a  Receiver,  unless  otherwise  ordered  by  the  court, 
and  any  action  taken  by  such  attorney  for  such  conservation  shall  be  considered  in 
t'etermining  his  compensation  as  attorney  for  the  bankrupt. 

[810] 


RULES  IN  SUPREME  COURT  DISTRICT  OF  COLUMBIA.    811 

RULE  VI. 
Trial. 
In  involuntary  cases  where  an  answer  is  interposed  denying  insolvency  or  acts  of 
bankruptcy,  the  issues  may  be  brought  to  trial  on  a  day  to  be  set  by  the  Judge  upon 
motion.     A  jury  for  such  trial  shall  be  procured  as  provided  by  law  Rule  53. 

RULE  VII. 

Motions. 

Bankruptcy  motions  shall  be  placed  on  the  motion  calendar  of  the  particular 
diTision  hearing  bankruptcy  matters. 

RULE  VIII. 

Publication. 

Notices  required  to  be  published  by  the  Bankruptcy  Act  shall  be  published  once 
only,  unless  otherwise  ordered. 

RULE  IX. 

Newspapers. 

The  following  newspapers  are  designated,  in  pursuance  of  section  28  of  the  Bank- 
ruptcy Act,  for  publication  of  notices: 

The  Evening  Star. 

The  Washington  Herald. 

The  Washington  Post. 

The  Washington  Times. 

RULE  X. 
Depositories. 

Banking  institutions  as  depositories  for  moneys  of  bankrupt  estates  shall  be  desig- 
nated by  orders  entered  for  that  purpose,  and  the  Clerk  shall  keep  a  list  of  authorized 
depositories  open  to  the  inspection  of  the  public. 

RULE  XI. 
Application  for  Discharge. 

An  application  for  discharge  on  behalf  of  bankrupts  shall  be  jfiled  with  the  Clerk 
of  the  court  and  shall  be  forthwith  delivered  to  tlie  Referee  before  whom  the  cause  is 
pending. 

Upon  receiving  the  application  the  Referee  shall  fix  a  time  for  hearing  and  notify 
creditors  and  all  parties  in  interest  thereof  and  that  if  they  purpose  to  oppose  such 
application  an  appearance  must  be  entered  in  the  Clerk's  office  on  or  before  the  time 
fixed  for  such  hearing. 

Notice  of  the  hearing  shall  be  given  by  mail  at  least  thirty  (30)  days  prior  to  the 
date  set  therefor  to  each  creditor  and  party  in  interest  entitled  to  notice  of  proceedings, 
and  by  publication  in  one  of  the  newspapers  designated  by  these  rules,  not  later  than 
five  (5)  days  prior  to  such  fixed  time. 

If  no  appearance  in  opposition  to  the  application  for  a  discharge  is  filed  the 
Referee  shall  return  to  the  Clerk  of  the  court  the  application  with  his  certificate  showing 
that  due  notice  of  the  filing  of  such  application  has  been  sent  to  creditors  and  all  parties 
in  interest,  as  herein  provided,  and  further  certifying  whether  the  bankrupt  has 
complied  with  the  requirements  of  the  Bankruptcy  Act  so  far  as  it  is  known  to  the 
Referee. 

If  an  appearance  in  opposition  is  filed  the  Referee  shall  retain  the  matter  until  the 
expiration   of    the    ten    days    allowed    for    the    filing   of    specifications    of    grounds    of 


812     RULES  IN  SUPREME  COURT  DISTRICT  OF  COLUMBIA. 

opposition,  and  at  the  expiration  of  tliat  time  shall  send  to  the  Clerk  the  application 
for  the  discharge. 

If  an  appearance  in  opposition  to  the  discharge  is  filed,  followed  by  specifications  of 
the  grounds  of  such  opposition,  the  Judge  may  fix  the  time  for  hearing  the  issues 
thus  presented,  or  refer  the  same  to  the  Referee  for  hearing  and  report. 

If  no  opposition  to  the  application  for  a  discharge  is  filed,  or  if  filed  no  specifications 
in  support  thereof  are  filed,  within  the  time  allowed  by  law,  the  application  will  be  for 
hearing  by  the  Judge  without  further  notice  to  the  parties. 

Specifications  in  opposition  to  a  discharge  shall  be  filed  with  the  Clerk  and  shall 
be  verified  in  the  same  manner  as  bills  in  equity  by  the  party  making  the  same.  Each 
ground  of  opposition  shall  be  numbered  and  contain  a  clear  and  concise  statement  of 
the  facts,  without  repetition,  relied  on  as  grounds  to  defeat  the  discharge. 

RULE  XII. 
Composition  Before  Adjudication. 

All  orders  staying  adjudication  of  bankruptcy  for  the  purpose  of  composition  shall 
be  signed  by  the  Judge.  The  order  staying  the  adjudication  shall  refer  the  cause  to  a. 
Referee  to  take  such  proceedings  as  are  required  by  law. 

Upon  an  offer  of  composition  being  duly  made  the  Referee  shall  give  notice  to  each 
creditor  of  the  terms  of  composition  and  of  the  time  when  such  composition  will 
be  considered  and  voted  on,  by  mailing  such  notice  at  least  three  days  prior  to  the  time 
fixed  for  such  purpose. 

Upon  the  acceptance  of  the  composition,  as  required  by  law,  the  consideration  and 
money  is  necessary  to  consummate  the  composition  shall  be  deposited,  as  directed  by 
the  Judge,  and  thereupon  the  Referee  shall  report  to  the  Judge,  showing  the  number  of 
creditors  of  the  bankrupt,  the  amount  of  imsecured  indebtedness  due  by  said  bankrupt, 
the  niunber  of  claims  proven  before  him  and  the  number  of  creditors  and  the  amount 
of  indebtedness  represented  by  those  voting  for  and  those  who  voted  against  the 
composition  and  his  recommendations  in  the  matter. 

Application  for  confirmation  of  the  composition  shall  be  filed  with  the  Clerk.  The 
Judge  shall  fix  a  time  for  hearing  thereon,  of  which  the  Referee  shall  give  notice  as 
required  by  law. 

If  the  terms  of  the  composition  be  rejected  the  Referee  shall  report  such  fact  to 
the  court  so  that  the  cause  may  be  regularly  proceeded  with. 

RULE  XIII. 
Composition  After  Adjudication. 

If  the  bankrupt  desires  to  offer  terms  of  composition  after  adjudication  he  shall 
file  his  proposal  with  the  Referee,  and  thereupon  the  matter  shall  be  proceeded  with  as 
hereinbefore  provided. 

Upon  the  confirmation  of  a  composition  the  Referee  shall  have  and  retain  juris- 
diction of  the  cause  for  allowing  and  disallowing  claims  and  for  the  making  of  all 
necessary  orders  for  carrying  out  the  terms  of  the  composition. 

RULE  XIV. 

Powers   of   Attorney. 

Attorneys  and  other  persons  representing  creditors  of  the  bankrupt  shall  not  be 
allowed  to  vote  at  meetings  or  to  receive  dividends  unless  they  are  named  in  a  power  of 
atto'ney  executed  by  the  creditors  represented  by  them  authorizing  them  so  to  do. 


RULES  IN  SUPREME  COURT  DISTRICT  OF  COLUMBIA.     813 

RULE  XV. 
Dismissal  of  Petition. 

When  an  application  for  the  dismissal  of  a  voluntary  or  involuntary  petition  is 
filed,  as  contemplated  by  section  59  of  the  Bankruptcy  Act,  before  a  reference  to  the 
Referee,  the  Clerk  shall  refer  such  application  and  petition  to  the  Referee  to  whom  said 
case  would  have  been  referred  for  the  purpose  of  giving  notice  to  creditors.  It  shall 
thereupon  be  the  duty  of  the  Referee  to  require  the  bankrupt  to  file  within  five  days  a 
verified  list  of  all  the  creditors  with  their  respective  post-ofliice  addresses,  unless  said 
list  has  theretofore  been  filed.  And  immediately  on  receipt  of  such  list,  the  Referee 
shall,  by  notice  in  writing  mailed  to  all  the  creditors,  as  shown  by  schedules  or  verified 
list  of  creditors  on  file,  notify  all  creditors  of  the  filing  of  the  petition  in  bankruptcy 
and  application  to  dismiss  same,  and  that  the  same  will  be  dismissed  after  ten  days 
from  that  date,  unless  objection  thereto  is  sooner  presented  to  him. 

The  Referee  shall  file  a  certificate  with  the  Clerk  showing  that  such  notice  has  been 
given,  and  the  Judge  will  enter  the  proper  order. 

If  an  application  to  dismiss  a  petition,  or  the  proceedings  in  bankruptcy,  is  made 
after  reference  of  the  case  to  the  Referee,  the  same  shall  be  filed  with  the  Referee 
who  shall  give  ten  days'  notice  thereof  by  mail  to  all  creditors,  and  upon  the  hearing 
of  such  application  shall  make  such  order  with  reference  to  same  as  shall  be  proper 
and  authorized  by  the  Bankruptcy  Act. 

RULE  XVI. 
Dismissal  of  Bankruptcy  Cases  When  Not  Prosecuted. 
The  first  meeting  of  creditors  shall  be  called  by  the  Referee  (to  whom  the  pro- 
ceedings in  bankruptcy  have  been  referred)  within  the  time  specified  under  section  55 
of  the  Bankruptcy  Act,  and  should  the  bankrupt,  after  notice  from  the  Referee,  as 
provided  by  General  Order  X  in  Bankruptcy  fail  to  advance  or  have  advanced,  the  costs 
necessary  for  calling  such  meeting  within  the  time  aforesaid,  the  Referee  shall  certify 
such  facts  to  the  Judge  for  the  dismissal  of  the  proceedings  in  bankruptcy  for  failure 
to  prosecute. 

RULE  xvn. 

Auctioneers. 

Auctioneers  desiring  to  be  designated  to  make  sales  of  the  assets  of  bankrupt 
estates  shall  make  application  to  the  Judge,  setting  forth  their  facilities  for  handling 
business  of  that  character.  Upon  the  Judge's  approval  of  such  application  an  order  will 
be  passed  placing  the  name  of  the  applicant  in  the  list  from  which  auctioneers  may  be 
selected. 

An  auctioneer  upon  being  so  designated,  and  before  acting  as  such,  shall  file  with 
the  Clerk  of  the  covu-t  a  bond  to  the  United  States,  in  the  penal  sum  of  $10,000,  with 
surety  or  sureties  to  be  approved  by  the  Judge,  conditioned  that  such  auctioneer  will 
account  for  and  pay  over  to  the  person  or  persons  entitled  to  the  same  all  moneys 
coming  into  his  hands  by  reason  of  his  employment. 

The  fees  and  compensation  to  be  paid  auctioneers  for  their  services  in  arranging 
the  property  for  and  conducting  sales  shall  not  exceed  five  (5)  per  centum  of  the  gross 
amount  for  which  such  property  is  sold. 

Any  person  entitled  to  a  vote  at  a  meeting  of  creditors  may,  where  an  auctioneer 
is  to  be  employed,  require  that  sealed  bids  be  submitted  by  auctioneers  bonded  under 
this  rule,  and  Referees  are  directed  to  appoint  the  auctioneer  submitting  the  lowest  bid. 


814     KULES  IN  SUPREME  COURT  DISTRICT  OF  COLUMBIA. 

RULE  XVIII. 

Sales  of  Real  Estate. 

All  petitions  for  the  sale  of  real  estate  shall  be  filed  with  the  Referee  who  shall 

thereupon  call  a  meeting  of  creditors  to  consider  the  same  and  the  Referee  shall  report 

to  the  Judge  tlie  action  of  the  creditors  at  said  meeting.     All  sales  shall  be  reported 

to  and  ratified  by  the  Judge. 

RULE  XIX. 

Receivers'  Reports  and  Accounts. 

Immediately  upon  the  appointment  and  qiialification  of  a  Trustee  the  Receiver 
shall  turn  over  to  said  Trustee  all  the  money  and  property  in  the  Receiver's  possession, 
taking  the  Trustee's  receipt  therefor.  Receivers  are  required  to  file  their  reports  and 
accounts  within  ten  (10)  days  after  the  election  of  the  Trustee,  unless  such  time  be 
extended  by  the  Judge  upon  proper  application  and  showing.  The  Referees  are  directed 
to  enforce  this  rule. 

If  no  exceptions  to  such  reports  and  accounts  are  filed  within  ten  (10)  days  after 
the  filing  of  said  reports  and  accounts,  such  accounts  shall  be  approved,  and  the 
receivers  discharged  bj'  the  Judge. 

RULE  XX. 
Bank  Deposits  of  Receivers  and  Trustees. 
Receivers  and  Trustees  shall  deposit  all  moneys  coming  into  their  possession   in 
one  of  the  designated  depositories  as  Receivers  or  Trustees  of  the  particular  bankrupt 
estate  as  follows: 

" Receiver  or  Trustee 

(Name  of  Receiver  or  Trustee.) 

of    Bankruptcy   Xo " 

(Name  of  Bankrupt) 

RULE  XXI. 
Warrants  and  Checks. 

The  Referee  before  whom  a  case  is  pending  is  designated  as  the  one  to  countersign 
all  warrants  and  checks  for  the  withdrawal  of  money  from  the  depository  under  Rule 
29  of  the  General  Orders,  unless  otherwise  specially  ordered  by  the  Judge. 

Dividend  checks  and  receipts  shall  be  in  the  following  form: 

IN  THE  SUPREME  COURT  OF  THE  DISTRICT  OF  COLUIMBIA 
Holding  a  Bankruptcy  Court. 

In  the  matter  of  "^ 

>  In  Bankruptcy  No 

Bankrupt. 


No 

Washington,  D.  C 19 . .  . 

The National  Bank. 

Pay  to  the  order  of or as  attorney  for , 

(Creditor)                                                                                              (Creditor) 
the  sum  of dollars,  being  a  dividend  of per  cent  ( %) 

on  claim  allowed  in  the  above  proceeding. 


Trustee. 

Countersigned : 


KULES  IN  SUPREME  COURT  DISTRICT  OP  COLUMBIA.     815 

Referee  in  Bankruptcy. 

Receipt. 
(Do  not  detach.     If  detached  this  check  will  not  be  honored.) 

$ No 

19 

Received  of trustee  of .a  bankrupt. 

the  sum  of  dollars,  bein^  in  full  of  the   

dividend  of per  cent   ( % )   on   claim  allowed  in  the 

proceeding  of  such  bankrupt. 


(Creditor's  signature  or  signature  of  attorney  as  a'torney  for creditor.) 


RULE  XXII. 

Attorneys. 

Receivers  and  trustees  shall  be  authorized  to  employ  attorneys  only  upon  an  order 
passed  by  the  Judge  designating  such  attorneys,  upon  a  petition  filed  setting  forth  the 
necessity  for  such  employment. 

RULE  XXIII. 

Trustee's  Report  of  Debts  Entitled  to  Priority  of  Payment. 

Trustees  shall  ascertain  and  report  to  the  Referee,  before  any  dividend  is  ordered, 
all  debts  which  it  is  claimed  are  entitled  to  prioritj^  of  payment. 

RULE  XXIV. 

Filing  and  Reference  of  Final  Reports  and  Accounts  of  Trustees. 

The  final  reports  and  accounts  of  trustees  in  all  cases  where  there  are  funds  on 
hand  for  distribution  shall  be  filed  with  the  Clerk  of  the  court,  and  an  order  shall  be 
passed  by  the  Judge  appointing  the  Referee  a  special  master  to  audit  the  account  of 
the  Trustee  and  to  consider  all  petitions  for  fees  and  allowances.  Xo  other  reference 
shall  be  made  to  the  Referee  as  a  special  master  except  in  petitions  in  reclamation. 

RULE   XXV. 
Fees  and  Allowances  to  Receivers,  Trustees,  and  Attorneys. 

Receivers,  trustees,  attorneys  for  receivers,  trustees,  petitioning  creditors,  and  the 
bankrupt,  in  presenting  their  claims  for  allowances  shall  file  with  the  Referee  a  verified 
itemized  statement  of  every  item  of  service  for  which  they  claim  compensation,  stating 
fully  and  particularly  the  character  of  the  services,  the  length  of  time  necessarily  con- 
sumed, and  their  estimate  of  its  value. 

In  the  notice  of  the  final  meeting  of  creditors  (which  notice  shall  be  mailed  in  each 
and  every  case)  the  Referee  shall  state  the  amounts  of  the  claims  for  allowances  and 
that  a  hearing  will  be  had  thereon  at  such  final  meeting. 

At  the  final  meeting  of  creditors,  all  petitions  for  fees  and  allowances  shall  be  con- 
sidered by  the  Referee  as  a  special  master,  and  he  shall  at  such  final  meeting  announce 
his  findings  and  recommendations,  which  shall  later  be  incorporated  in  his  report  to  the 
Judge.  The  final  dividend,  if  any,  shall  at  such  meeting  be  declared  subject  to  the 
approval  of  the  Judge. 

The  Trustee  shall  within  five  (5)  days  after  the  Referee  files  his  report  present  the 
same  to  the  Judge  for  his  action,  after  giving  at  least  two  (2)  clear  days'  notice  of  the 
time  at  which  he  intends  to  present  such  report  to  any  persons  objecting  at  such  final 
meeting  to  the  findings  announced  by  the  Referee. 


816    RULES  IN  SUPREME  COURT  DISTRICT  OF  COLUMBIA. 

The  Referee  shall  state  in  his  report  the  amount  stated  by  the  Trustee  as  on  hand; 
the  total  amount  of  previous  dividends,  the  amount  of  priority  claims,  and  the  amount 
found  to  be  distributable  as  a  final  dividend. 

Upon  final  action  by  the  Judge  on  the  report  of  the  Referee  the  Referee  shall  pre- 
pare a  dividend  sheet  and  deliver  the  same  to  the  Trustee. 

RULE  XXVI. 
Trustees'  Supplemental  Reports. 

All  trustees  shall  file  a  supplemental  report  after  distribution  is  complete,  and 
vouchers  signed  by  the  creditors  and  others  shall  be  filed  therewith.  Upon  the  filing  of 
such  report  with  vouchers,  if  found  to  be  correct,  the  Referee  shall  pass  an  order  dis- 
charging the  Trustee. 

RULE  XXVIL 
Referee's  Record  Book. 

Referees  shall  keep  minutes  of  all  meetings  of  creditors  and  other  proceedings 
before  them  and  shall  post  in  their  docket  all  claims  filed  for  allowance,  and  when  such 
claims  are  allowed  indicate  that  fact  by  stamping  such  claims  "  allowed."  At  the  close 
of  each  case  the  Referee  shall  file  in  the  Clerk's  office  a  certificate  that  the  case  is 
closed  and  his  record  book,  together  with  all  papers  filed  with  him.  Such  record  book 
shall  consist  of  a  flat  file  record  between  covers  substantially  fastened. 

Wlien  such  record  book  shall  be  so  filed,  it  shall  be  the  duty  of  the  Clerk  to  file 
in  a  similar  form  such  other  papers  in  the  case  as  have  been  filed  in  his  office. 

RULE  XXVIII. 

Powers  Delegated  to  Referees. 

The  referees  heretofore  or  hereafter  appointed  are  hereby  respectively  vested  with 
the  jurisdiction  which,  by  Bankruptcy  Law  and  the  general  orders  of  the  Supreme  Court 
of  the  United  States,  the  court  or  Judge  may  delegate  to  or  confer  upon  said  referees ; 
and  they  are  respectively  empowered  and  authorized  to  do  all  acts,  take  all  proceedings, 
make  all  orders  and  decrees  and  perform  all  duties  so  authorized  to  be  delegated  by 
said  act  and  said  general  orders  without  special  authority  in  each  case  and  under  the 
general  authority  conferred  by  this  order,  except: 

1.  The  appointing  of  receivers,  of  attorneys  for  receivers,  and  of  attorneys  for 
trustees. 

2.  The  granting  of  injunctions. 

3.  Directing  the  sale  of  real  estate  or  perishable  property,  or  the  sale  of  real  or 
personal  property  free  from  lien. 

4.  The  settlement  of  fees  and  allowances. 

RULE  XXIX. 

Reimbursement  for  Expenses  of  Referee. 

The  Referee  shall  be  entitled  to  charge  the  sum  of  10  cents  for  each  notice  to  cred- 
itors sent  in  compliance  with  law  in  each  case  by  way  of  reimbursement  for  the  expenses 
of  oflice  rent,  clerk  hire,  stationery,  telephone  service,  etc.,  incident  to  the  conduct  of 
his  olfice. 

RULE  XXX. 

Appointment  of  Appraisers. 

In  addition  to  the  other  duties  of  referees  prescribed  by  the  Bankruptcy  Act,  they 
shall  appoint  appraisers  to  appraise  the  real  and  personal  property  belonging  to  the 
bankrupt  estate.    In  all  appraisements,  the  Referee  shall  select  one  auctioneer  and  two 


RULES  IN  SUPREME  COURT  DISTRICT  OF  COLUMBIA.     817 

persons  who  have  liad  experience,  or  who  are  engaged  in,  tlie  line  of  Imainess  relating 
to  the  assets  comprising  the  bankrupt  estate.  No  person  connected  in  any  way  with 
the  office  of  a  Referee  shall  be  appointed  as  an  appraiser. 

RULE  XXXI. 
Review  of  Referee's  Rulings  by  Judge. 

\Yhen  a  bankrupt,  creditor,  trustee  or  other  person  shall  desire  a  review  by  the 
Judge  of  any  order  made  by  tlie  Referee,  he  shall  file  wdtli  the  Referee  his  petition 
therefor  within  ten  (10)  days  after  the  date  of  such  order,  ruling  or  decision. 

A  petition  for  review  shall  set  forth  specifically  the  error  complained  of.  The 
Referee  shall  forthwith  certify  to  the  .Judge  the  question  presented,  a  summary  of  the 
evidence  relating  thereto  and  the  findings  and  order  of  the  Referee  thereon.  The  Referee 
may  accompany  such  certificate  with  a  statement  of  his  reasons  for  the  order,  ruling 
or  decision  complained  of. 

A  failure  to  comply  with  this  rule  shall  be  held  a  waiver  of  the  right  of  review, 
unless  on  special  order  thereafter  made  by  the  Judge  or  Referee. 

RULE  XXII. 

Fees  of  Referee  and  Trustee. 

The  fees  deposited  with  the  Clerk  for  the  services  of  the  Referee  and  Trustee  shall 
be  paid  by  the  Clerk  on  the  Referee's  report  that  the  case  is  closed. 

RULE  XXXIII. 

Summons. 

All  summons  for  the  attendance  of  witnesses  shall  be  signed  and  issued  by  the 
Clerk  and  be  served  by  the  marshal  of  this  court. 

RULE  XXXIV. 

Intervening  Petition. 

No  motion  by  an  intervener  for  the  appointment  of  a  Receiver  on  behalf  of  the 
intervening  creditors,  shall  be  entertained  imless  one  clear  day's  written  notice  of  the 
motion  has  been  given  to  the  attorney  for  the  petitioning  creditors. 

RULE  XXXV. 

Premium  on  Bonds. 

Whenever  a  Trustee  or  Receiver  is  required  to  give  bond  and  the  same  shall  be 
given  with  a  surety  company  as  surety  and  shall  be  approved,  then  the  premium  paid 
or  to  be  paid  for  such  bond,  and  for  the  renewal  thereof,  if  reasonable,  may  be  allowed 
by  the  Referee  as  part  of  the  expense  of  administration  of  the  estate;  and  the  amount 
of  such  premium  paid  or  to  be  paid  sliall  be  endorsed  on  the  bond  before  approval  by 
the  Referee. 

RULE  XXXVI. 
Instructions  to  Referees. 

1.  Referees  are  directed  to  exercise  an  active  supervision  over  trustees  to  prevent 
delay  in  the  settlement  of  estates.  The  provisions  of  section  47  of  the  Bankruptcy 
Act,  requiring  that  trustees  make  reports  every  two  months,  and  of  section  65, 
requiring  dividends  to  be  paid  within  thirty  days  after  the  adjudication,  if  there  is 
suflicient  money  applicable  thereto  to  pay  same,  and  thereafter  whenever  there  is 
sufficient  money  to  pay  a  dividend  of  10  per  cent  should  be  strictly  enforced.     If  any 


818    RULES  IN  SUPREME  COURT  DISTRICT  OF  COLUMBIA. 

Trustee,  after  due  notice  from  the  Referee,  neglects  to  make  such  reports,  or  to  pay 
such  dividends,  or  unreasonably  delays,  in  any  respect,  the  prompt  settlement  of  the 
estate,  the  Referee  in  charge  is  directed  to  make  a  certificate  of  the  facts  and  upon  it 
to  issue  an  order,  returnable  before  the  Judge  on  any  motion  day,  requiring  tlie 
Trustee  to  show  cause  wliy  he  should  not  be  removed. 

2.  Referees  are  directed  to  make  a  report  to  the  court  in  the  months  of  April  and 
October,  in  each  year,  of  all  unsettled  cases  which  have  been  pending  before  them 
more  than  fifteen  months.  Such  reports  shall  contain  tlie  title  and  number  of  the  case, 
the  date  when  it  was  referred,  and  a  concise  statement  showing  what  substantial  pro- 
ceedings have  been  had  in  the  case,  and  why  it  has  not  been  closed. 

3.  Attention  is  called  to  section  38  (5)  of  the  Bankruptcy  Act,  which  provides  tliat 
stenographers'  compensation  shall  not  exceed  ten  cents  per  folio  for  reporting  and 
transcribing  the  proceedings. 


Creditors,  receivers,  trustees  and  attorneys  should  cons^ult  with  referees  as  to  the 
proper  forms  to  be  used  and  as  to  matters  of  procedure. 

These  rules  shall  be  in  force  on  and  after  April  26,  1915. 

Amendments  to  the  Bankruptcy  Rules. 

By  order  of  the  Supreme  Court  of  the  District  of  Columbia,  in  general  term, 
promulgated  March  15,  1916,  the  Bankruptcy  Rules  were  amended  as  follows: 

"  In  place  of  the  existing  fourth  paragraph  of  Rule  12,  a  paragraph  shall  be  inserted 
thus : 

"Application  for  confirmation  of  the  composition  shall  be  filed  with  the  Clerk.  Tlie 
Judge  shall  fix  a  time  for  a  hearing  thereon  before  the  Referee  as  a  special  master,  whi> 
shall  report  his  findings  and  recommendations,  together  with  any  objections  tliat  may 
be  offered  to  confirmation,  for  the  consideration  of  the  Judge. 

"In  place  of  the  existing  Rule  24,  insert  a  new  rule  which  reads  as  follows: 

"  The  final  reports  and  accounts  of  trustees  in  all  cases  where  there  are  funds 
on  hand  for  distribution  and,  in  special  cases  of  long  duration,  other  accounts,  shall 
be  filed  with  the  Clerk  of  the  court,  and  an  order  shall  be  passed  by  the  Judge 
appointing  the  Referee  a  special  master  to  audit  the  account  of  the  Trustee  and  to 
consider  all  petitions  for  fees  and  allowances.  Xo  other  references  shall  be  made  to 
the  Referee  as  a  special  master  except  in  composition  cases  and  on  petitions  in 
reclamation. 

"In  Rule  25,  insert  an  additional  paragraph  to  read  as  follows: 

"  In  any  special  case  of  long  duration,  but  not  more  than  one  time  in  any  one 
year,  the  Trustee  in  such  case  may  file  a  report  and  account  with  the  Clerk  and  a 
reference  similar  to  that  provided  for  in  Rule  24  may  be  had.  The  Referee  shall 
thereupon  call  a  meeting  of  creditors  as  set  forth  in  paragraph  one  hereof,  and  the 
procedure  with  respect  to  findings,  report,  exceptions  and  confirmation  shall  be  the 
same  as  herein  provided  witli  respect  to  the  final  report  and  account  of  tlie  Trustee. 

"  By  the  Court: 

J.  HARRY  COVINGTON, 

Chief  Justice.'' 


SOUTHERN  DISTRICT  OF  OHIO. 


*RULE  XIV. 
Petitions. 
Petitions  should  state  where  the  debtor  has  resided,  including  the  street  and 
number,  if  any,  and  also  where  his  principal  place  of  business,  if  any,  has  been  during 
the  preceding  six  months,  or  the  greater  part  thereof,  and  also  the  date  of  any  assign- 
ment or  insolvent  proceedings  under  the  laws  of  a  State.  The  petitioner  shall  also 
aggregate  the  liabilities  set  fortli  in  liis  schedule  in  bankruptcy. 

RULE  XV. 

Payment   of  Fees. 

The  Clerk  shall  pay  to  the  Referee  the  fifteen  dollars  deposited  as  the  Referee's 
fees  upon  receiving  his  certificate  that  the  case  has  been  closed  and  his  services  have 
been  rendered.  The  Trustee's  fees  of  five  dollars  deposited  with  the  Clerk  sliall  be 
paid  to  the  Trustee  upon  the  certificate  of  the  Referee  that  the  services  of  the  Trustee 
have  been  actually  rendered  and  that  the  case  has  been  closed.  Wliere  there  are 
no  assets  the  case  shall  be  deemed  closed,  for  the  purpose  of  payment  of  said  fees  to 
the  Referee  and  Trustee,  wlien  a  discharge  has  been  granted  or  refused  to  the  bank- 
rupt. If  no  application  for  a  discharge  has  been  made  the  case  shall  be  deemed 
closed  at  the  expiration  of  two  months  from  the  date  of  the  filing  of  the  report  of 
the  Referee.  In  cases  where  there  are  assets  the  case  shall  be  deemed  closed  upon 
the  confirmation  of  the  composition  or  the  payment  of  the  final  dividend. 

RULE  XVI. 
Newspapers  Designated. 

Tlie  following  newspapers  are  hereby  designated  in  pursuance  of  section  28  of 
the  Bankruptcy  Act: 

WESTERN  DIVISION. 

Adams  county Adams  County  Record West  Union. 

Brown  county The  Bee    Ripley. 

Butler  county   Tlie  Republican  News   Hamilton. 

Champaign  county The  Citizen's  Gazette    Urbana. 

Clark  county The  Sun   ,  .  Springfield. 

Clermont  county The  Courier Batavia. 

Clinton  county The  Journal   Wilmington. 

Darke  county The  Weekly  Tribune  Creenville. 

Greene  county The  Gazette   Xenia. 

Hamilton  county The  Court  Index Cincinnati. 

Highland  county The  Herald  News Hillsboro. 

Lawrence  county The  Register Ironton. 

]\Iiami  county The  Buckeye   Troy. 

Montgomery  county  ....  The  Dayton  .lournal Dayton. 

Preble  county The  Register   Eaton. 

Scioto  county The  Blade Portsmouth. 

Shelby  county Tlie  Journal  Gazette   Sidney. 

Warren  county The  Western  Star   Lebanon. 

[*Note  Rules  I-XIII  do  not  refer  to  bankruptcy  proceedings.! 

[819] 


820  RULES  IN  SOUTHERN  DISTRICT  OF  OHIO. 

EASTERN  DIVISION. 

Athens  county The  Messenger-Herald  Athens. 

Belmont  coiinty  .■ The  Belmont  Chronicle  St.  Clairsville. 

Coshocton  county Coshocton  Age Coshocton. 

Delaware  county The  Gazette Delaware. 

Fairfield  county   The  Lancaster  Gazette  Lancaster. 

Fayette  county Record-Republican    Washington  C.  H. 

Franklin  county The  Ohio  State  Journal Columbus. 

Gallia  county The  Gallia  Times   Gallipolis. 

Guernsey  county The  Republican  Press Cambridge. 

Harrison  county The  Cadiz  Republican  Cadiz. 

Hocking  county The  Journal- Gazette Logan. 

Jackson  county The  Sun   Jackson. 

Jefferson  county The  Herald-Star   Steubenville. 

Knox  county The  Republican  News Mt.  Vernon. 

Licking  county   The  American  Tribune   Newark. 

Logan  county   Index-Republican    Bellefontaine. 

Madison  county    The  Enterprise   London. 

Meigs  county The  Tribune-Telegraph   Pomeroy. 

Monroe  county   Monroe  Republican Woodsfield. 

Morgan  county The  Herald McConnellsville. 

Morrow  county  The  Sentinel    Mt.  Gilead. 

Muskingum  county The  Courier  Zanesville. 

Noble  county The  Republican  Journal  Caldwell. 

Perry  county The  Tribune New  Lexington. 

Pickaway  county   The  Union-Herald    Circleville. 

Pike  county The  News Waverly. 

Ross  county Scioto  Gazette Chillicothe. 

Union  county    The  Tribune Marysville. 

Vinton  county The  Republican McArthur. 

Washington  county  ....  The  Register  Marietta. 

RULE  XVII. 

Banks  Designated. 
The    following    banking    institutions    are    hereby    designated    as    depositories    of 
money  of  bankrupt  estates  by  Trustees: 

WESTERN  DIVISION. 

Adams  county Adams  County  Bank West  Union. 

Brown  county   Citizens  National  Bank Ripley. 

Butler  county   First  National  Bank Hamilton. 

Champaign  county National  Bank  of  Urbana Urbana. 

Clark  county Lagonda  National  Bank Springfield. 

Clermont  county First  National  Bank Batavia. 

Clinton  county   First  National  Bank Wilmington. 

Darke  county Farmers  National  Bank Greenville. 

Greene  county Xenia  National  Bank Xenia. 

Hamilton  county The  Atlas  National  Bank Cincinnati. 

Highland  county Farmers  and  Traders  Bank Hillsboro. 

Lawrence  county First  National  Bank Ironton. 

Miami  county   Troy  National  Bank Troy. 

Montgomery  coimty  ....  Third  National  Bank Dayton. 


RULES  IN  SOUTHERN  DISTRICT  OF  OHIO.  821 

Preble  county   Preble  County  National  Bank Eaton. 

Scioto  county Portsmouth  National  Bank Portsmouth. 

Shelby  county First  National  Exchange  Bank Sidney. 

Warren  county Lebanon  National  Bank Lebanon. 

EASTERN  DIVISION. 

Athens  county First  National  Bank Athens. 

Belmont  county First  National  Bank St.  Clairsville. 

Coshocton  county 

Delaware  county Delaware  County  National  Bank Delaware. 

Fairfield  county    Hocking  Valley  National  Bank Lancaster. 

Fayette  county The  Midland  National  Bank Washington  C.  H. 

Franklin  county Clinton  National  Bank Columbus. 

Gallia  county First  National  Bank Gallipolis. 

Guernsey  county Old  National  Bank Cambridge. 

Harrison  county Fourth  National  Bank Cadiz. 

Hocking  county First  Bank Logan. 

Jackson  county First  National  Bank Wellston. 

Jefferson  county Commercial  National  Bank Steubenville. 

Knox  county First  National  Bank Mt.  Vernon. 

Licking  county Peoples  National  Bank Newark. 

Logan  county    Peoples  National  Bank Belief ontaine. 

Madison  county    The  Central  Bank London. 

Meigs  county Pomeroy  National  Bank Pomeroy. 

Monroe  county   First  National  Bank Woodsfieia. 

Morgan  county Citizens  Bank   McConnellsville. 

Morrow  county  First  National  Bank Cardington. 

Muskingum  county Old  Citizens  National  Bank Zanesville. 

Noble  county Noble  County  National  Bank Caldwell. 

Perry  county Perry  County  Bank  Co New  Lexington. 

Pickaway  county   First  National  Bank Circleville. 

Pike  county Hayes,  Jones  &  Co Waverly. 

Ross  county First  National  Bank Chillicothe. 

Union  county    Peoples  Bank Marysville. 

Vinton  county Vinton  County  National  Bank McArthur. 

Washington  county  ....  First  National  Bank Marietta. 

RULE  XVIII. 
Fees  in  Involuntary  Cases. 
Fees  deposited  by  the  petitioner  in  an  involuntary  case  shall  be  returned  to  him 
by  the  Trustee  out  of  the  estate  of  the  bankrupt  in  all  cases  where  property  suffi- 
cient for  such  purpose  comes  into  the  hands  of  the  Trustee. 

RULE  XIX. 
In  Forma  Pauperis. 

Petitioners  who  have  made  no  deposit  with  the  Clerk  for  services  of  officers 
should  be  examined  by  or  under  direction  of  the  Referee,  on  their  appearance  before 
him,  as  regards  their  means;  and  if  the  Referee  is  not  satisfied  of  the  bankrupt's 
inability  to  make  the  deposit,  a  report  thereof  should  be  made  to  the  Judge. 


822  RULES  IN  SOUTHERN  DISTRICT  OF  OHIO. 

RULE  XX. 
Return  and  Answer  Day. 

In  involuntary  cases  return  day  shall  be  within  fifteen  days,  and  answer  day 
shall  be  within  ten  days  thereafter.  In  involuntary  cases  the  first  hearing  before  the 
Referee  shall  be  within  fifteen  days  of  the  reference,  at  least  ten  days'  notice  of  such 
hearing  having  been  given. 

RULE  XXI. 

Where  no  Referee  or  Newspaper. 
In  case  a  petition  is  filed  by  or  against  a  bankrupt  who  resides  in  any  county 
wliere  there  is  a  vacancy  in  the  office  of  Referee,  or  where  the  Referee  is  dis- 
qualified, absent,  sick  or  otherwise  unable  to  act,  reference  is  made  to  the  Referee 
who  is  most  conveniently  located  to  the  bankrupt's  residence.  In  case  a  petition 
is  filed  bj*  or  against  a  bankrupt  who  resides  in  a  county  where  there  is  no  desig- 
nated newspaper,  or  where  the  designated  newspaper  for  any  reason  refuses  to  act, 
the  notices  required  by  law  may  be  published  in  a  newspaper  named  by  the  parties 
in  interest  published  in  the  county  where  the  bankrupt  resides  or  the  major  part  of 
his  property  is  situated. 

RULE  XXII. 

Countersigning  Checks. 

The  Referee  before  whom  a  case  is  pending  is  designated  as  the  one  to  counter- 
sign all  warrants  and  checks  for  the  withdrawal  of  money  from  the  depository, 
imder  General  Order  XXIX,  unless  otherwise   specially  ordered  by  Judge. 

RULE    XXIII. 
Publication. 

Notices  of  application  for  discharge  as  provided  for  in  section  5Sc  of  the  Bank- 
rupt Act  shall  be  by  publication  in  the  designated  newspaper  in  each  county,  three 
times  in  the  counties  of  Clark,  Franklin,  Hamilton  and  Montgomery,  and  twice  in 
each  of  the  other  counties  of  tlie  district,  and  the  first  publication  shall  be  not  less 
than  ten  days  before  the  day  fixed  for  the  hearing  of  such  application. 

RULE  XXIV. 

Bankruptcy  Districts. 
Each   county   in   this  district   shall   constitute   a   separate  bankruptcy  district   in 
each  of  which  one  or  more  referees  may  be  appointed. 

RULE  XXV. 
Sessions  of  Court. 

Court  will  sit  in  bankruptcy  as  follows: 

In  the  Western  Division  at  Cincinnati,  on  the  last  Monday  of  .January.  February, 
iNlarch,  April,  May,  June.  September.  October,  November  and  December. 

In  the  Eastern  Division,  at  Columbus,  on  the  second  Friday  in  February,  April, 
June,  October  and  December. 

RULE  XXVI. 

Referee  to  Grant  Stay. 

When  a  motion  for  an  injunction  is  pending  or  is  about  to  be  made,  the  Referee 
may,  in  order  to  prevent  injury  to  the  property  of  the  bankrupt,  or  otherwise  grant 
a  temporary  restraining  order  staying  proceedings  until  the  hearing  and  decision  of 
said  motion.  In  case  all  parties  in  interest  agree  that  said  motion  be  heard  by  the 
Referee  in  charge,  they  may  file  with  the  Referee  a  written  stipulation  to  that  effect. 


RULES  IN  SOUTHERN  DISTRICT  OF  OHIO.  823 

The  decision  of  the  Referee  on  such  motion  ?hall  be  fih'd  witli  tlie  Clerk,  and  if  the 
Referee  decide  that  an  injunction  shall  issue,  an  order  to  that  effect  may  be  made  by 
the  Judge. 

RULE   XXVII. 

Hearing  on  Certificates. 
After  a    question   has  been   certified   by   the   Referee,  pursuant   to   General   Order 
Xo.  XXVII,  and  as  provided  in  Form  Xo.  50,  the  papers  may  be  filed  with  the  Clerk, 
and  the  hearing  may  be  brought  on  before  the  Judge  upon  any  Bankrupt  Court  Day, 
by  either  party,  by  giving  the  usual  notice. 

RULE  XXVIII. 

Conditions  of  Discharge. 
Xo   discharge    shall   be   granted   to   a    bankrupt    until    the    Referee   has    filed    his 
final  report,  or  a  report   showing  that  tlie  bankrupt  has   to  the  date  of  such   report 
complied   with    the    provisions   of   the   Act   of    Congress   and    the   orders   of    the    Court 
and  the  Referee. 

RULE   XXIX. 

When  no  Trustee   Appointed. 
When  the  bankrupt  is  entitled  to  no  exemption  under  the  laws  of  the  State,  and 
the  assets  do  not  exceed  the  deposit  required  to   be  made  by  the  bankrupt  for  the 
services  of  the  officers,  and  the  probable  costs  of  the  proceedings,  no  Trustee  shall  be 
appointed  by  the  Referee,  or  elected  by  the  creditors. 

RULE  XXX. 

Repeal  of  Former  Rules. 

All  rules  of  the  United  States  District  Court  for  the  Southern  District  of  Ohio, 
heretofore  made  or  promulgated,  except  such  as  are  herein  contained,  are  hereby 
repealed   and  declared  void. 

RULE   XXXt. 

Adopted  August  3,  1911. 

On  this  day,  August  3,  1011,  it  is  ordered,  which  order  shall  be  in  force  hereafter, 
as  follows,  to-wit: 

Unless  specially  authorized  by  the  court,  receivers  and  trustees  in  bankruptcy 
shall  not  retain  as  their  attorney,  tlie  attorney  of  the  bankrupt,  of  the  petitioning 
creditors,  of  the  person  applying  for  the  appointment  of  a  receiver,  or  of  any  creditor, 
and  trustees  shall  not  retain  as  their  attorney,  any  attorney  who  has  obtained  proxies 
or  voted  upon  the  election  of  such  trustee,  or  who  is  the  attorney  for  persons  holding 
such  proxies. 


DISTRICT  OF  INDIANA. 


RULE  I. 
Adopted  October  3,  1898  —  Undertaking  for  Costs. 
All  petitions  by  or  against  any  person  or  corporation  in  bankruptcy  shall,  in  addi- 
tion to  the  deposit  of  monej^  required  by  law,  be  accompanied  by  an  undertaking 
with  sureties  approved  by  the  Clerk,  for  the  payment  of  such  actual  and  necessary 
expenses  as  may  be  incurred  for  the  publication  of  notices,  travel  of  the  Referee  and 
Trustee,  and  the  blanks,  stationery  and  record  books  of  the  Referee  in  each  case,  and 
all  such  expenses  shall  be  taxed  as  costs  therein. 

RULE  II. 

Adopted  October  26,  1898  —  Bond  of  Trustees. 

It  is  ordered  that  when  the  creditors  of  any  bankrupt  fail  to  select  a  trustee  of  his 

estate,  it  shall  be  the  duty  of  the  Referee  before  whom  the  proceedings  are  pending, 

to  select  a  trustee  and  require  of  him  to  give  a  bond  in  a  sum  not  less  than  the  value 

of  such  estate  as  shown  in  the  schedules. 

All  bonds  taken  by  a  Referee  shall  be  accompanied  by  a  justification  on  the 
part  of  the  sureties  as  required  by  law  and  a  certificate  of  his  approval  thereof. 

RULE  III. 

Adopted   October  29,   1898  —  Amended   November   12,    1906  —  Depositories. 

All  banks  organized  under  the  laws  of  the  United  States  and  all  banks  and 
trust  companies  organized  under  the  laws  of  the  State  of  Indiana,  in  any  Referee 
district,  are  hereby  designated  as  depositories'  for  the  funds  in  bankruptcy  cases 
pending  before  the  Referee  therein,  and  any  one  of  said  banks  or  trust  companies  shall 
be  authorized  to  receive  such  funds  upon  filing  with  the  Clerk  of  this  Court  a  bond 
in  the  sum  of  $5,000,  witli  sureties  approved  by  said  Referee. 

Trustees  shall  report  their  deposits  as  they  are  made  in  each  case  to  the  Referee 
before  whom  the  same  is  pending,  and  their  checks  against  such  deposits  shall  be 
countersigned  by  him;  and  whenever  the  bankruptcy  deposits  in  any  bank  or  trust 
company  shall  equal  or  approximate  the  amount  of  its  bond,  it  shall  be  the  duty  of 
said  Referee  to  require  of  such  bank  or  trust  company  an  additional  bond  in  an 
amount  large  enough  to  cover  any  further  deposits  that  may  be  made  therein. 

RULE  IV. 

Adopted  March  i,  1899  —  Solicitors'  Fees. 
Ordered  by  the  Court  that  all  petitions  for  the  allowance  of  solicitors'  fees  in 
any  bankruptcy  case  shall  be  presented  to  the  Referee  in  charge  thereof,  and  there- 
upon evidence  shall  be  taken  by  the  Referee  concerning  the  character  and  value  of 
the  services  of  the  petitioner,  and  such  evidence  shall  be  forthwith  returned  into  the 
Clerk's  office  with  the  finding  and  opinion  of  the  Referee  thereon  and  the  recom- 
mendation of  the  Trustee  concerning  the  same;  and  all  allowances  by  the  Court  shall 
be  subject  to  the  right  of  any  creditor  on  the  submission  of  the  accounts  of  the 
Trustee  at  a  meeting  of  the  creditors  to  file  exceptions  thereto. 

[824] 


RULES  IN  DISTRICT  OF  INDIANA.  825 

RULE   V. 

Adopted  April  14,  1899  —  Referee's  Record. 

In  all  cases  where  it  appears  to  the  satisfaction  of  a  Referee  that  there  are  no 

assets,  after  exemption  of  property  to  the  bankrupt  and  payment  of  costs,  it  shall 

be  the  duty  of  the  Referee  to  tile  his  final  record  with  the   Clerk  on  or  before  the 

expiration  of  thirty  days  from  the  date  of  adjudication. 

RULE  VI. 
Adopted  October  30,  1900  —  Petitions  for  Review. 

All  petitions  for  tlie  review  of  any  order  or  decision  by  a  Referee  shall  be  filed 
with  him  within  ten  days  after  the  same  is  made,  and  be  accompanied  by  an  assign- 
ment of  errors  and  the  brief  of  the  petitioner,  and  the  proceedings  shall  thereupon 
be  certified  by  the  Referee  into  the  Clerk's  office  of  this  Court,  as  required  hj 
General  Order  Xo.  27,  and  Form  50,  of  the  General  Orders  and  Forms  in  Bankrviptcy 
of  the  Supreme  Court  of  the  United  States.  And  the  opposing  party  sliall  have  ten 
days  after  the  filing  thereof  in  the  Clerk's  ofRce  within  which  to  file  his  brief  in 
answer  thereto;  and  upon  the  expiration  of  that  period  of  time  the  case  shall  be 
taken  as  submitted. 

All  petitions  and  accompanying  assignment  of  errors  and  all  briefs  shall  be  filed 
in  duplicate,  and  a  failure  to  file  them  within  the  time  fixed  shall  be  taken  as  a 
waiver  of  the  rights  of  the  parties  respectively. 

RULE  VII. 
Adopted  February  5,  1901  —  Solicitors'  Fees. 

Every  attorney  in  presenting  his  claim  for  legal  services  in  any  bankruptcy  pro- 
ceeding to  the  Referee  shall  file  with  him  an  itemized  statement  of  every  item  of 
service  for  which  he  asks  compensation,  stating  fully  and  particularly  the  character 
of  the  service,  the  length  of  time  necessarily  employed,  and  his  estimate  of  its  value 
under  oath;  and  no  claim  for  such  services  shall  be  received  imless  such  itemized 
claim  is  presented  to  the  Referee. 

On  receiving  such  claim,  the  Referee  shall  hear  the  evidence  thereon,  reporting 
to  the  Court  his  finding  thereon  as  to  the  value  of  such  services,  and  return  such 
finding  with  all  the  evidence  to  the  Judge  of  the  Court  with  all  convenient  dispatch. 


NORTHERN  DISTRICT  OF  ILLINOIS,  E.  D. 


It  is  hereby  ordered,  that  until  otlierwise  ordered  by  the  Court  the  following  tem- 
porary rules  be  and  are  hereby  adopted  and  prescribed  for  the  regulation  of  proceed- 
ings in  bankruptcy  in  the  United  States  District  Court  for  the  Northern  District  of 
Illinois: 

Rule  I.— Adopted  March  29,  1899. 

All  notices  required  to  be  given  under  section  58  of  said  Act  shall  be  printed  on 
postal  cards  or  on  cards  to  which  one  cent  stamps  may,  by  postal  regulations,  be 
attached,  and  said  cards  properly  stamped  and  addressed,  together  with  proper  blank 
affidavit  of  mailing,  which  shall  contain  a  list  of  the  names  of  the  creditors  to  whom 
notices  are  to  be  sent  and  their  respective  addresses,  as  appears  by  the  schedule  iiled 
by  the  bankrupt,  shall  be  delivered  by  the  bankrupt  or  his  attorney  to  the  Referee 
(except  the  notice  of  the  petition  for  final  discharge  and  affidavit  of  mailing  thereof, 
which  shall  be  delivered  in  like  manner  to  tlie  Clerk  of  this  Court)  at  least  one  day 
before  the  same  are  required  to  be  mailed  under  the  provisions  of  this  Act;  and  the 
same  Referee  or  Clerk,  or  some  person  in  their  employ,  shall  mail  said  notices  and 
execute  the  proper  affidavit  thereof.  The  Referee  or  Clerk  shall  direct  the  form  or 
manner  of  publication  and  proof  thereof,  of  the  notices  mailed  by  them  respectively, 
and  shall  sign  the  original  of  each  notice. 

Rule  II.— Adopted  February  8,  1899. 

Where  voluntary  bankrupts  have  heretofore  omitted  to  subscribe  the  several  sheets 
of  their  schedules  attached  to  their  jjetitions,  they  are  hereby  ordered  so  to  do,  whether 
tlieir  said  petitions  are  in  possession  of  the  Clerk,  Referee,  or  Trustee,  without  any 
further  order  in  their  respective  cases. 

Rule  III.— Adopted  March  4,  1899. 

The  petition  for  a  discharge  must  be  in  the  form  prescribed  by  the  Supreme  Court 
(No.  57),  and  shall  be  filed  with  the  Clerk,  who  upon  the  presentation  of  such  petition 
to  him  shall  enter  the  order  which  is  part  of  Form  No.  57,  and  shall  set  a  day  for  a 
hearing,  not  less  than  ten  days  after  the  date  of  entry  of  such  order.  The  Clerk  shall 
also  attend  to  the  publication  and  mailing  of  such  order,  and  certify  to  the  same  as 
provided  in  Form  No.  57,  but  the  Clerk  may  require  the  bankrupt  or  his  attorney  to 
prepare  all  necessary  copies  and  notices  in  form  as  directed.  The  publication  as  afore- 
said shall  be  made  at  least  one  week,  and  the  copies  shall  be  mailed  to  creditors  at 
least  ten  days  prior  to  tlie  day  named  for  the  hearing  on  such  petition. 

There  must  also  be  presented  to  the  Clerk  at  some  time  before  the  final  discharge 
is  granted  a  report  or  certificate  of  the  Referee  that  the  bankrupt  has  in  all  things  con- 
formed to  the  requirements  of  the  Act  and  that  so  far  as  tlie  Referee  has  been  able  to 
ascertain,  the  said  bankrupt  has  committed  none  of  the  oftenses  and  done  none  of  the 
acts  prohibited  in  subdivision  (b)  of  section  14  of  the  Act,  and  that  such  bankrupt  is 
in  the  opinion  of  the  Referee  entitled  to  his  discharge. 

If  no  creditor  or  other  party  in  interest  appears  and  opposes  on  or  before  the  day 
named  in  the  order  to  show  cause,  the  discharge  may  be  granted.  Opposition  to  the 
discharge  by  a  creditor  or  other  party  in  interest  shall  be  made  in  the  manner  jire- 
scribed  in  General  Order  XXXII.  The  issue  thus  joined  may  be  referred  to  tlie  Referee 
to  ascertain  and  report  the  facts  with  his  conclusions  thereon.     Either  party  may  except 

[826] 


KULES  IN  NORTHERN  DISTRICT  OF  ILLINOIS,  E.  D.       827 

to  such  report,  and  the  exceptions  may  be  heard  by  the  Judge  upon  one  of  the  days 
designated  by  liim  for  such  hearings. 

Rule  IV.— Adopted  March  30,  1899. 

Upon  the  filing  of  a  petition  for  a  meeting  of  creditors  to  consider  a  composition 
as  per  Form  60  prescribed  by  the  Supreme  Court,  the  matter  shall  be  referred  by  the 
Clerk  to  the  proper  Referee,  who  shall  give  the  notice  therefor  as  prescribed  by  Rule  I 
of  this  Court. 

Upon  the  filing  of  a  petition  for  confirmation  of  a  composition  the  Referee  shall  fix 
a  day  within  which  parties  in  interest  shall  show  cause  in  opposition  thereto  in  the 
manner  provided  in  General  Rule  XXXII,  of  the  Supreme  Court,  and  shall  mail  notices 
thereof  to  the  creditors  in  accordance  with  Rule  I  of  this  Court,  which  notices  shall  be 
mailed  at  least  ten  days  before  the  said  date  fixed  by  the  Referee.  If  no  creditor  or 
other  party  in  interest  shall  appear  in  opposition  to  the  confirmation  of  such  composi- 
tion within  the  time  so  fixed,  as  provided  in  said  Rule  XXXII,  and  the  bankrupt  shall 
file  the  written  approval  of  the  Referee  of  the  composition,  the  same  may  be  confirmed 
by  the  Court,  but  if  opposition  is  made  to  such  confirmation,  the  issues  shall  be  by  the 
Clerk  referred  to  the  Referee  to  ascertain  and  report  the  facts,  together  with  his  con- 
clusions thereon.  Either  party  may  except  to  such  report,  and  the  exceptions  may  be 
heard  by  the  Judge  upon  one  of  the  days  designated  by  him  for  such  hearings. 

Rule  v.— Adopted  April  26,  1899. 

The  petitioner  or  petitioners  in  all  cases  in  bankruptcy  shall,  at  the  time  of  filing 
their  respective  petitions,  deposit  with  the  Clerk  the  sum  of  five  dollars  ($5)  to  indem- 
nify the  Referee  for  his  necessary  incidental  expenses,  including  office  rent,  clerical  aid, 
stationery,  etc.,  and  out  of  which  sum  the  Referee  may  be  reimbursed  for  such  expense. 
The  sum  so  advanced  by  the  bankrupt  or  other  person,  may  be  repaid  him  out  of  the 
assets  of  the  estate,  if  any,  as  costs  of  administration. 

Where  expenses  shall  be  incurred  by  tlie  Referee  in  excess  of  said  deposit  of  five 
dollars,  in  any  particular  case,  a  special  order  with  reference  to  the  same  may  be  made 
by  the  Judge  on  application  of  the  Referee. 

The  Referee  shall  keep  an  account  as  against  said  fund,  showing  the  items  of  dis- 
bursements and  incidental  expenses  incurred  in  eacli  case. 

Rule  VI.— Adopted  May  15,  1899. 

In  all  cases  in  this  district,  wherever  funds  are  to  be  distributed  by  the  Clerk, 
Trustee  or  Referee,  the  same  shall  be  by  check  payable  to  the  order  of  the  creditor  in 
whose  name  the  account  is  proved,  or  to  the  attorney  in  fact  of  such  creditor  or  to 
the  assignee  of  such  account  (provided  the  power  of  attorney  or  assignment  is  filed  with 
the  Referee) ;  but  such  check  may  be  delivered  to  the  attorney  of  record  in  this  Court  of 
such  creditor  or  assignee.  And  in  all  cases  which  have  been  referred  to  a  Referee,  all 
checks  shall  be  signed  by  the  Clerk  or  proper  Trustee  and  also  by  the  Referee  to  whom 
the  cause  has  been  referred,  before  tbey  are  issued;  and  whenever  the  statute  or  general 
rules  provide  for  the  deposit  of  funds  and  the  checking  out  thereof  under  the  direction 
of  the  Judge  of  this  Court,  it  shall  be  proper  to  have  same  deposited  in  the  name  of  the 
Clerk,  and  checks  against  said  fund  shall  be  signed  by  the  Clerk  and  also  by  the  proper 
Referee  before  they  are  issued,  except  on  special  cause  shown  in  a  particular  case. 

Rule  VII.— Adopted  October  24,  1899. 

All  specifications  of  objections  to  discharge  of  bankrupts  when  duly  filed,  will  be 
referred  by  the  Clerk  to  the  proper  Referee  to  take  testimony  and  report  the  same 
together  with  his  conclusions  thereon  to  the  Court. 


828       RULES  IN  NORTHERN  DISTRICT  OF  ILLINOIS,  E.  D. 

Rule  VIII.— Adopted  January  5,  1900. 

The  referees  in  bankruptcj-  appointed  by  this  Court  are  hereby  designated  and 
authorized  to  countersign  checks  drawn  on  funds  in  the  depositories  of  this  Court,  in 
the  cases  assigned  to  them  respectively,  -whenever  sucli  checks  are  required  by  the  terms 
of  Supreme  Court  Rule  XXIX  to  be  countersigned  by  a  Judge  or  Referee. 

Rule  IX.— Adopted  July  24,  1905. 

Receivers. 

Upon  every  application  for  a  receiver  in  bankruptcy,  notice  thereof  shall  be  first- 
given  to  the  bankrupt  unless  it  be  made  to  appear  to  the  Court,  by  the  petition  or 
aflBdavit  showing  the  facts,  that  the  service  of  such  notice  is  impracticable. 

The  Receiver,  upon  his  appointment  and  qualification,  shall  proceed  without  delay, 
to  make  an  inventory  of  the  property  coming  to  his  possession,  and  shall  file  the  same 
immediately  upon  its  completion,  with  the  Clerk  of  this  Court. 

The  Receiver  shall  not  employ  an  attorney  or  counsel  without  liaving  obtained 
leave  of  Court  therefor,  upon  written  application,  setting  forth  the  facts  showing  the 
necessity  for  such  employment,  and  no  attorney  or  counsel  for  such  Receiver  shall  be 
allowed  compensation  out  of  the  estate  for  services  other  than  for  such  as  are  reason- 
ably necessary,  and  of  a  strictly  legal  character. 

No  sale  of  property  shall  be  made  by  a  Receiver  unless  he  present  to  the  Court  his 
verified  petition  setting  forth  the  necessity  therefor,  and  also  make  it  appear  to  the 
satisfaction  of  the  Court,  that  the  estate  will  suffer  loss  unless  such  sale  be  made  before 
the  election  of  the  Trustee.  In  no  case  shall  a  sale  be  made  without  notice  to  creditors 
as  provided  in  section  58-a,  nor  shall  a  sale  be  made  before  adjudication  without  the 
bankrupt's  consent,  except  as  provided  for  in  section  2  (5)  and  General  Order  in  Bank- 
ruptcy XVIII. 

All  moneys  belonging  to  a  bankrupt  estate,  coming  into  a  Receiver's  hands,  shall  be 
by  him  immediately  deposited  in  one  of  the  designated  depositories,  and  the  same  shall 
not  be  withdrawn  except  on  checks  signed  by  the  Receiver  and  countersigned  by  the 
Clerk  of  this  Court,  upon  the  order  of  the  Judge  (unless  otherwise  provided  where  the 
Receiver  is  conducting  the  business  under  orders  of  the  Court),  provided  checks  may 
be  drawn  and  signed,  as  aforesaid,  to  cover  small  incidental  expenses  in  advance  if  the 
Judge  so  orders. 

Immediately  upon  the  appointment  and  qualification  of  a  Trustee,  the  Receiver 
shall  turn  over  to  such  Trustee  all  the  money  and  property  in  the  Receiver's  possession, 
taking  the  Trustee's  receipt  therefor,  and  the  Receiver  shall  file  his  final  report  and 
account  within  five  days  after  the  qualification  of  the  Trustee  unless  such  time  be 
extended  by  order  of  the  Judge. 

Receivers  shall  receive  for  their  services,  payable  after  they  are  rendered,  out  of 
the  first  moneys  coming  to  the  hands  of  the  Trustee,  such  compensation  as  the  Court 
may  allow,  provided  that  the  maximum  allowance  to  tlie  Receiver  shall  not  exceed  the 
maximum  to  be  alloAved  trustees  for  their  services  under  section  48  (a)  of  the  Bank- 
ruptcy Act  as  amended  February  5,  1903,  for  moneys  disbursed  by  them,  and  provided,, 
also,  that  where  tangible  property  other  than  money  is  turned  over  to  a  Trustee  by 
the  Receiver,  such  Receiver's  maximum  compensation  shall  be  based  upon  the  fair  value 
of  such  property  in  addition  to  the  aggregate  of  the  money  actually  disbursed  and 
turned  over  to  the  Trustee,  or  the  Receiver's  fees  be  held  in  abeyance  until  the  Trustee 
reduces  the  property  to  money.  See  opinion  of  Judge  Lowell,  In  re  Cambridge  Lumber 
Co.,  136  Fed.  Rep.  983. 

Rule  X.— Adopted  July  24,  1905. 
Petitioning  Creditors. 

It  shall  be  the  duty  of  the  petitioning  creditors,  through  their  attorneys,  to  procare 
the  adjudication  of  the  bankrupt,  as  speedily  as  the  law  permits.     The  attention  of 


RULES  IN  NORTHERN  DISTRICT  OF  ILLINOIS,  E.  D.       829 

petitioning   creditors   and  their   attorneys   is   especially   directed   to   General   Order   in 
Bankruptcy  IX. 

Rule  XI.— Adopted  July  24,  1905. 

Petition  to  Dismiss  Proceedings. 
Every  application  to  dismiss  a  voluntary  or  involuntary  petition  in  bankruptcy, 
as  contemplated  by  section  59g  of  the  Bankruptcy  Act,  must  be  by  petition  in  writing, 
signed  by  such  applicant  or  his  attorney  of  record  in  the  case,  and  if  made  in  an  invol- 
untary case  before  the  schedules  provided  for  in  section  7  of  the  Act  have  been 
filed,  such  application  must  be  accompanied  by  a  list  of  all  the  known  creditors  of  the 
bankrupt,  which  list  must  either  have  been  sworn  to  by  the  bankrupt,  or  by  one  of  thj; 
petitioning  creditors  or  his  attorney  in  the  case.  Upon  the  filing  of  such  petition  to 
dismiss,  an  order  will  be  entered  of  record  in  the  case,  fixing  a  day  more  than  ten  days 
after  the  filing  of  the  application,  upon  which  creditors  and  all  parties  in  interest  may 
show  ca*use  before  the  Judge,  if  any  there  be,  in  opposition  to  such  petition  to  dismiss, 
which  order  shall  also  provide  for  notice  to  be  given  in  accordance  with  section  58a  (8) 
of  the  Bankruptcy  Act.  If  such  application  to  dismiss  is  presented  before  adjudication 
and  reference,  the  notice  aforesaid  may  be  given  by  the  Clerk;  if  filed  after  the  adjudi- 
cation and  reference,  the  notice  shall  be  given  by  the  Referee  to  whom  the  case  stands 
generally  referred,  and  in  such  case,  a  certified  copy  of  the  order  to  show  cause  shall  at 
once  be  furnished  the  Referee.  The  certificate  of  the  Clerk  or  Referee,  as  the  case  may 
Tie,  showing  that  the  aforesaid  notice  has  been  duly  given,  shall  be  filed  in  the  Clerk's 
■ofiice  on  or  before  the  day  fixed  in  the  order  to  show  cause. 

REFEREES'  RULES  CONCERNING  PETITIONS  IN  BANKRUPTCY. 

The  following  rules  governing  the  preparation  of  petitions  and  schedules  in  bank- 
ruptcy, and  amendments  thereto,  are  hereby  adopted  by  the  referees  for  the  counties  of 
Cook,  Lake  and  McHenry  in  said  district: 

1.  Petitions  in  voluntary  cases  and  schedules  in  all  cases  must  be  in  the  printed 
form  prescribed  by  the  United  States  Supreme  Court,  and  the  information  therein 
required  must  be  set  out  in  full  under  the  appropriate  headings,  without  erasure  or 
interlineation.  In  Schedule  A,  the  data  called  for  by  each  heading  must  be  placed  in 
the  column  directly  below  such  heading  and  must  be  confined  within  the  vertical  lines 
enclosing  that  column.  The  columns  must  be  so  ruled  as  to  provide  a  reasonable  space 
for  inserting  the  appropriate  matter,  and  in  order  to  comply  with  this  rule  as  to 
Schedules  A  and  B  (1)  it  will  be  necessary  to  use  forms  with  the  printed  matter  run- 
ning lengthwise  of  the  legal  cap  page  so  that  the  requisite  space  may  be  afl^orded. 

2.  The  post  office  address  of  the  bankrupt,  as  well  as  that  of  his  lawyer,  if  any, 
shall  be  endorsed  on  the  wrapper  of  the  petition. 

3.  The  address  of  each  creditor  must  contain  the  street  number,  city,  and  tliat  fact 
shall  be  stated. 

4.  The  use  of  ditto  marks  is  forbidden  by  Supreme  Court  General  Order  V.  {In  re 
Orne,  Fed.  Cas.  10582.) 

5.  Claims  for  exemption  must  be  itemized  with  amount  of  the  bankrupt's  valuation 
against  each  item,  and  the  total  stated.  The  appropriate  allegation  must  be  made  if 
the  bankrupt  claims  the  exem))tion  as  the  head  of  a  family. 

G.  Oaths  to  the  petition  and  schedules  must  not  be  administered  by  the  attorney 
of  the  affiant. 


EASTERN  DISTRICT  OF  MISSOURI. 

Adopted  February  1,  1913. 


RULE  I. 

All  notices  and  orders  required  by  law  to  be  published  in  a  newspaper  published  in 
any  county  within  the  Eastern  District  of  Missouri,  outside  of  the  City  of  St.  Louis, 
sliall  be  inserted  in  such  newspaper  published  in  such  county  as  shall  be  designated  by 
the  Referee  acting  in  the  case  wherein  sucli  publication  is  required. 

RULE  II. 

Notice  of  the  first  meeting  of  creditors  shall  be  published  once,  unless  otherwise 
ordered  by  the  Court  or  Referee,  and  such  publication  shall  be  made  at  least  one  week 
prior  to  the  day  fixed  for  such  meeting. 

RULE  III. 

The  Referee  is  authorized  to  designate  depositories  for  the  money  of  bankrupt 
estates,  fix  the  amount  of  the  bond  required  from  such  depositories  and  approve  the 
same,  as  required  by  section  61  of  said  Act. 

RULE  IV. 

The  Referee  shall  have  authority  to  cause  the  first  meeting  of  creditors  to  be  held 
and  fix  the  time  and  place  for  holding  the  same;  direct  the  bankrupt  by  order  to 
attend  the  first  meeting  of  creditors,  and  enforce  such  order,  as  in  the  case  of  a  witness 
subpoenaed  to  attend  before  the  Referee;  appoint  a  Trustee  or  Trustees  for  each  bank- 
rupt estate  when  the  creditors  fail  to  do  so;  fix  the  amount  of  the  bond  or  bonds  of 
such  Trustee  or  Trustees,  as  required  by  law,  and  properly  record  the  order  of  approval; 
appoint  appraisers  of  the  real  and  personal  estate  of  the  bankrupt  in  conformity  to 
law;  determine  all  controversies  touching  the  claim  of  the  bankrupt  to  exemptions; 
authorize  the  Trustee  or  Trustees  to  institute  suits  to  recover  property,  debts  and 
choses  in  action  belonging  to  the  estate  of  the  bankrupt,  and  to  continue  the  prosecu- 
tion of  suits  begun  by  the  bankrupt  prior  to  the  adjudication  of  bankruptcy;  allow 
claims,  disallow  claims,  reconsider  allowed  or  disallowed  claims,  and  allow  them  or  dis- 
allow them  against  the  estate  of  the  bankrupt,  subject  to  review  by  the  Court  on  excep- 
tions filed  within  ten  days;  and  shall  have  and  exercise  all  powers  and  jurisdiction 
vested  by  law  in  the  Court  in  respect  of  the  duties,  acts  and  proceedings  aforesaid. 

RULE  V. 
When  the  Judge  is  absent  from  a  Division  of  the  District,  and  a  certificate  stating 
that  fact,  signed  by  the  Clerk  of  the  Court,  shall  be  delivered  to  the  Referee  therein, 
the  Referee  is  authorized  and  empowered  to  appoint  receivers,  or  the  ifarshal,  upon 
application  of  parties  in  interest,  in  case  the  Referee  sliall  find  it  absolutely  necessary 
for  the  preservation  of  the  estate,  to  take  charge  of  tlie  property  of  the  bankrupt  after 
the  filing  of  the  petition  and  prior  to  its  being  dismissed  or  the  Trustee  being  appointed, 
and  to  exercise  such  jurisdiction  over  the  acts  and  proceedings  of  the  Receiver  or  Mar- 
shal in  respect  to  their  acts  and  proceedings,  as  the  Court  may  by  law  exercise. 

[830] 


RULES  IN  EASTERN  DISTRICT  OF  MISSOURI.  831 

RULE  VI. 

When  the  Judge  is  absent  from  a  Division  of  the  District  and  a  certificate  statinfj 
that  fact,  signed  by  the  Clerk  of  the  Court,  shall  be  delivered  to  the  Referee  therein, 
the  Referee  is  authorized  and  empowered  to  direct  the  business  of  the  bankrupt  to  be 
conducted  for  a  limited  time  by  the  Receiver  or  Marshal,  and  to  order  the  Receiver  or 
Marshal  to  sell  at  public  or  private  sale  such  perishable  property  of  the  estate  as  can- 
not, without  great  loss  or  deterioration,  be  kept  until  the  Trustee  is  appointed  and 
qualified. 

RULE  VII. 

Each  of  the  counties  composing  the  Northern  Division  of  the  Eastern  Judicial  Dis- 
trict of  Missouri,  is  hereby  designated  as  a  "  Referee's  District,"  under  and  pursuant  to 
section  34  of  the  Act.  The  Referee  for  the  District  of  Marion  county  is  directed  and 
authorized  to  act  as  Referee  in  all  Referee  Districts  in  the  Northern  Division  of  the 
Eastern  Judicial  District  of  Missouri  in  which  the  services  of  a  Referee  may  be  required, 
and  in  which  at  the  time  said  services  are  required  to  be  performed,  the  office  of  Referee 
for  that  District  may  be  vacant.  Each  of  the  counties  composing  the  Southeastern 
Division  of  the  Eastern  Judicial  District  of  Missouri,  is  hereby  designated  as  a 
"  Referee's  District."  The  Referee  for  the  District  of  Cape  Girardeau  county  is  directed 
and  authorized  to  act  as  Referee  in  all  Referee  Districts  in  the  Southeastern  Division 
of  the  Eastern  Judicial  District  of  Missouri  in  which  the  services  of  a  Referee  mav 
be  required,  and  in  which  at  the  time  said  services  are  required  to  be  performed,  the 
ofl[ice  of  Referee  for  that  District  may  be  vacant.  Each  of  the  counties  composing  the 
Eastern  Division  of  the  Eastern  Judicial  District  of  Missouri,  and  not  including  the  City 
of  St.  Louis,  is  hereby  designated  as  a  "  Referee's  District."  The  City  of  St.  Louis  is 
hereby  designated  as  a  Referee's  District,  to  be  known  as  the  District  of  St.  Louis.  The 
Referee  for  the  City  of  St.  Louis  is  directed  and  authorized  to  act  as  Referee  in  all 
Referee  Districts  in  the  Eastern  Division  of  the  Eastern  Judicial  District  of  Missouri  in 
which  the  services  of  a  Referee  may  be  required,  and  in  which  at  the  time  said  services 
are  required  to  be  performed  the  office  of  Referee  for  that  District  may  be  vacant. 

RULE  VIII. 

The  Referee  to  whom  any  case  has  been  or  may  be  hereafter  referred,  shall  be 
empowered  and  authorized  to  order  the  examination  of  the  bankrupt  or  any  other 
designated  person  upon  the  application  of  any  officer,  bankrupt  or  creditor,  in  accord- 
ance with  the  provisions  of  sections  7,  21  and  58  of  the  Bankrupt  Act. 

RULE  IX. 

The  money  of  bankrupt  estates  on  deposit  in  designated  depositories  shall  be 
drawn  out  only  by  check  or  warrant  signed  by  the  Trustee  or  Trustees  of  the  estate 
and  countersigned  by  the  Referee  acting  in  the  case.  There  shall  be  written  or 
printed  on  the  face  of  each  check  so  drawn  a  brief  statement  of  the  general  purpose 
for  which  the  disbursement  is  made  and  the  Trustee  or  Trustees  of  each  estate  shall 
keep  a  record  of  all  checks  drawn  by  him  in  the  manner  prescribed  in  General 
Order  XXIX. 

RULE  X. 

No  paper  prepared  for  filing  shall  be  received  unless  it  is  legibly  written  or 
printed  on  paper  of  the  size  commonly  called  "  legal  cap,"  with  a  margin  of  at  least 
one  and  one-half  inches  on  the  upper  end  of  each  page  and  with  a  margin  of  one  inch 
on  the  left  of  each  page.  No  such  paper  shall  be  less  than  one  sheet  and  shall  be 
properly  endorsed  with  the  style  and  number  of  the  case  and  the  character  of  the 
paper  filed. 


832  RULES  IN  EASTERN  DISTRICT  OF  MISSOURI. 

RULE  XI. 
Upon  the  entry  of  an  order  of  adjudication  of  bankruptcy,  unless  otherwise 
ordered  by  the  Court,  the  case  shall  be  forthwith  referred  generally  to  the  Referee 
for  the  district  in  Avhich  the  bankrupt  has  his  principal  place  of  business,  resides  or 
has  his  domicile  and  aiter  such  reference  the  Referee  is  authorized  to  fix  the  time 
when,  and  place  where,  he  will  act  upon  matters  arising  in  the  case. 

RULE  XII. 

All  notices  required  to  be  given  by  this  Act  shall  be  served  by  mail,  unless  other- 
wise required  by  law  or  the  order  of  the  Court. 

RULE  XIII. 

The  Clerk  shall  cause  to  be  prepared  for  the  use  of  Referees,  and  deliver  to  them 
upon  application,  blank  forms  of  process,  summons  and  subpoenas,  properly  attested 
with  the  signature  of  the  Clerk  and  the  seal  of  the  Court,  as  required  by  General 
Order  III. 

RULE  XIV. 

The  Referee  is  authorized  to  permit  an  amendment  of  the  petition  and  schedules 
upon  the  application  of  the  bankrupt;  and  the  Referee  may,  upon  his  own  motion, 
require  the  bankrupt  to  amend  the  schedules. 

RULE  XV. 

When  a  Trustee  desires  to  procure  an  order  for  the  sale  of  the  property  of  the 
bankrupt,  or  any  part  thereof,  such  'trustee  shall  tile  with  the  Referee  acting  in 
the  case  a  petition  in  accordance  with  the  requirements  of  General  Order  XVIII, 
describing  the  property  to  be  sold  and  praying  that  the  Referee  make  an  order  direct- 
ing the  sale  of  the  same  in  such  one  of  the  modes  prescribed  in  said  General 
Order  XVIII  as  the  Trustee  may  deem  for  the  best  interest  of  the  estate.  L'pon  the 
filing  of  such  petition  (unless  it  appears  that  the  property  sought  to  be  sold  is  of 
such  a  perishable  nature  that  there  will  be  a  loss  if  the  same  is  not  sold  immediately 
and  without  notice  to  the  creditors),  the  Referee  shall  give  notice  by  mail  to  the 
creditors  of  the  bankrupt  by  addressing  such  notices  to  them  respectively  at  their 
places  of  abode  or  addresses  as  stated  in  the  bankrupt's  schedules,  of  the  fact  of  the 
filing  of  such  petition,  and  that  the  same  will  be  acted  upon  on  a  day  to  be  named 
in  such  notice,  which  'day  shall  not  be  less  than  ten  days  after  the  day  of  mailing 
said  notice.  Upon  the  day  fixed  for  the  hearing  of  such  application  the  Referee  may, 
after  due  hearing,  make  an  order  directing  the  Trustee  to  sell  the  property  described 
in  the  petition,  or  any  part  thereof,  either  at  public  or  private  sale  as  may  appear 
to  the  Referee  to  be  for  the  best  interest  of  the  estate:  or  the  Referee,  in  his  dis- 
cretion, may  continue  such  application  to  a  later  day  to  be  fixed  by  him. 

RULE  XVI. 

Trustees  shall  deposit  all  moneys  and  funds  of  the  estate  in  the  depository  desig- 
nated for  that  purpose,  and  the  moneys  so  deposited  shall  only  be  withdrawn  upon 
an  order  of  the  Court  or  the  Referee,  in  accordance  with  the  requirements  of  the 
General  Orders  and  Rules  in  Bankruptcy. 

RULE  XVII. 

Wlien  any  witness  shall  attend  before  the  Court  or  the  Referee,  in  response  to  a 
subpoena  or  other  process  in  any  proceeding  in  bankruptcy,  such  witness  shall  make 


KULES  IN  EASTERN  DISTRICT  OF  MISSOURI.  833 

claim  to  his  fees  and  mileage,  if  any,  to  the  Clerk  of  the  Court,  who  shall  make  an 
entry  in  a  book  to  be  kept  for  the  purpose  of  the  amount  allowed  such  witness, 
and  tax  the  same  as  costs  accruing  in  the  cause. 

RULE  XVIII. 

Where  the  proper  administration  of  a  bankrupt  estate  renders  it  necessary  for 
the  Trustee  to  secure  the  services  of  an  attorney,  the  Trustee  is  authorized  to  employ 
an  attorney  to  represent  the  bankrupt  estate,  but  no  Trustee  shall  employ  more  than 
one  attorney  or  firm  of  attorneys,  without  first  securing  an  order  from  the  Referee, 
authorizing  him  to  do  so. 

RULE  XIX. 

"^AThen  an  attorney  sliall  be  entitled  to  the  allowance  of  a  fee  for  professional 
services  rendered  the  bankrupt,  the  petitioning  creditors  in  involuntary  proceedings, 
or  the  Trustee,  shall  file  with  the  Keferee  a  petition  stating  the  nature  and  char- 
acter of  the  services  performed  by  him  and  the  amount  to  which  he  deems  himself 
entitled  therefor,  and  praying  that  the  same  may  be  allowed  him.  If  any  party  is 
represented  by  more  than  one  attorney  they  shall  all  join  in  any  petition  for  the 
allowance  of  attorneys'  fees.  The  petition  shall  not  be  acted  upon  by  the  Referee 
until  it  has  remained  on  file  for  at  least  five  days.  The  Referee  shall  consider  such 
petition  and  the  objections  thereto,  if  any,  of  any  party  in  interest,  and  shall  allow 
the  attorney  or  attorneys  such  sum  as  may  be  just,  and  the  same  shall  be  paid  by 
the  Trustee  when  he  has  funds  available  for  that  purpose. 

RULE  XX. 

Within  the  first  month  after  their  appointment,  and  at  the  expiration  of  every 
period  of  two  months  thereafter,  the  Trustee  shall  file  with  the  Referee  a  report  in 
writing  stating  the  property  which  has  come  into  his  hands  during  such  period,  the 
part  thereof,  if  any,  which  has  been  disposed  of  and  how  disposed  of;  the  amount 
of  money  which  has  been  received  by  him  and  from  what  sources  received ;  the 
amount  of  money  paid  out  and  on  what  account  disbursed;  the  amount  of  money  on 
hand;  the  condition  of  any  suits  or  other  controversies  afl'ecting  the  property  of  the 
estate  to  which  the  Trustee  is  a  party  or  in  wliicli  he  is  interested,  together  with 
such  additional  statements  concerning  the  assets  of  such  estate  as  may  be  necessary 
to  a  correct  understanding  of  the  true  condition  thereof. 

RULE  XXI. 

Preparatory  to  the  declaration  and  payment  to  creditors  of  the  final  dividend  in 
any  estate,  tlie  Trustee  shall  prepare  and  file  with  the  Referee  a  statement  showing: 

1.  The  gross  amount  of  money  on  hand. 

2.  The  amount  to  be  deducted  therefrom  on  account  of  debts  having  priority  over 
dividends  and  including:  (a)  taxes;  (b)  the  actual  and  necessary  cost  of  preserving 
the  estate  subsequent  to  the  filing  of  the  petition;  (c)  costs  of  administration,  includ- 
ing Court  costs,  attorneys'  fees,  sums  due  officers  for  fees,  or  commissions  earned, 
or  expenses  incurred;  (d)  wages  due  to  workmen,  clerks  or  servants  having  priority; 
(e)  other  debts,  if  any,  entitled  to  priority  by  the  laws  of  the  State  or  the  United 
States. 

3.  The  net  amount  to  be  distributed  to  general  creditors  by  way  of  dividend. 

RULE  XXII. 

When  an  estate  has  been  fully  administered  the  Trustee  shall  file  with  the 
Referee  a  final  report  stating  that  such  estate  has  been  fully  administered  and  pray- 
ing to  be  discharged  from  his  trust.     The   Trustee   shall  file  with   such   final   renort 


834  RULES  IN  EASTERN  DISTRICT  OF  MISSOURI. 

ail  account,  duly  veritied  by  affidavit,  showing  in  detail  the  amount  of  money 
received  by  him  as  Trustee,  the  amount  disbursed  and  on  what  account  disbursed, 
with  proper  vouchers  for  all  disbursements  where  it  is  practicable  to  secure  such 
vouchers.  Upon  the  filing  of  such  final  report  and  account  the  Referee  shall  call  a 
final  meeting  of  creditors,  upon  a  day  to  be  named  by  him,  not  less  than  fifteen 
days  after  the  day  on  which  said  report  and  account  are  filed,  and  the  Referee  shall 
state  in  the  notice  given  creditors  of  such  final  meeting  that  the  Trustee  has  filed 
his  final  report  and  accounts,  and  that  the  same  will  be  acted  upon  at  said  meeting. 
The  Trustee  shall  attend  before  the  Referee  at  the  time  and  place  fixed  for  sucli 
final  meeting,  and,  if  called  upon  to  do  so,  shall  offer  any  evidence  or  explanation 
required  of  him  touching  his  conduct  or  the  administration  of  the  estate."  At  the 
time  and  place  fixed  for  such  final  meeting  the  Referee  shall  audit  said  final  account, 
and  if  it  appears  that  the  Trustee  has  fairly  and  honestly  administered  such  estate, 
and  duly  accounted  for  all  property  or  money  coming  to  his  hands,  in  accordance  with 
law,  shall  approve  such  account  and  enter  an  order  discharging  the  Trustee  from  his 
trust. 

RULE  XXIII. 
If  the  schedule  of  a  voluntary  bankrupt  discloses  no  assets,  other  than  such  as 
the  bankrupt  is  entitled  without  regard  to  value,  to  hold  as  exempt,  and  if  no 
creditor  appears  at  the  first  meeting,  the  Referee  may,  by  order  setting  out  the  facts, 
direct  that  no  Trustee  be  appointed;  but  at  any  time  thereafter  a  Trustee  may  be 
appointed  if  the  Referee  shall  deem  it  desirable.  If,  in  accordance  with  the  foregoing 
provision,  no  Trustee  is  appointed  for  an  estate,  the  Referee  may  order  that  no  meet- 
ing of  creditors,  other  than  the  first  meeting,  shall  be  called,  and  close  the  admin- 
istration of  the  estate. 

RULE  XXIV. 
Where  the  bankrupt  has  no  property,  other  than  such  as  is  exempt,  and  no 
assets  have  come  into  the  hands  of  the  Trustee,  it  shall  be  imnecessary  to  call  a 
final  meeting  of  creditors  and  the  Trustee  shall  be  entitled  to  secure  a  discharge 
from  his  trust  by  filing  a  report  with  the  Referee  stating  such  facts  and  making  it 
appear  to  the  satisfaction  of  the  Referee  that  there  is  no  property  of  the  bankrupt 
available  as  assets  of  the  estate. 

RULE  XXV. 

Referees  shall  be  entitled  to  an  allowance  of  two  dollars  from  each  estate 
administered  before  them,  to  cover  necessary  expenses  incurred  by  them  in  the 
administration  of  the  estate,  for  stationery,  other  than  printed  notices.  Whenever 
it  is  necessary  for  any  Referee  to  rent  and  maintain  an  office  devoted  exclusively  to 
the  conduct  of  bankruptcy  business,  such  Referee  shall  be  entitled  to  a  pro  rata 
allowance,  not  exceeding  five  dollars,  from  each  estate  administered  before  him  on 
account  of  rent,  said  sum  to  be  allowed  and  paid  as  other  expenses  incurred  by  the 
Referee.  Referees  shall  be  allowed  the  sum  of  five  dollars  in  each  case  administered 
before  them  as  a  necessary  expense  for  clerical  aid. 

RULE  XXVI. 

Where  it  appears  from  the  schedule  that  the  bankrupt  has  no  property  of  value, 
other  than  such  as  is  exempt,  the  Referee  shall  not  be  required  to  proceed  with  'the 
administration  of  the  estate  or  to  take  any  action  therein  until  the  petitioner,  or 
some  other  person  for  him,  has  deposited  with  the  Referee  the  sum  of  twenty-five 
dollars  to  cover  the  costs  of  advertising,  printing  and  other  expenses  incidental  to 
the  administration   of  the   estate. 


RULES  IN  EASTERN  DISTRICT  OF  MISSOURI.  835 

RULE  XXVII. 

Applications  for  discharge  in  bankruptcy  shall  be  verified  by  the  bankrupt  and 
filed  with  the  Clerk,  and  shall  forthwith,  without  further  order,  be  referred  by  the 
Clerk  to  the  Referee  in  charge  of  the  case,  in  which  the  application  is  made.  Upon 
the  receipt  of  said  application  the  Referee  shall  immediately  examine  the  same  and 
ascertain  if  it  be  in  proper  form,  and  if  not  in  the  prescribed  form,  he  shall  return 
the  same  to  tlie  Clerk  and  notify  the  bankrupt  or  his  attorney  of  record  by  mail 
of  the  defect  therein,  and  upon  the  correction  of  said  application,  the  Clerk  shall 
forthwith  return  the  same  to  the  Referee.  \Mien  the  application  is  found  to  be  in 
proper  form,  and  when  the  administration  of  the  estate  is  closed,  or,  in  the  opinion 
of  the  Referee,  so  far  advanced  as  to  render  it  proper  for  the  Court  to  act  upon 
the  bankrupt's  application  for  discharge,  the  Referee  shall  file  with  the  Clerk  a 
report  stating  whether  or  not  the  bankrupt  has  in  all  things  complied  with  the 
Bankrupt  Act,  and  that  the  administration  of  the  bankrupt's  estate  has  been  closed, 
or,  in  his  opinion,  is  so  far  advanced  as  to  entitle  the  bankrupt  to  have  his  appli- 
cation acted  upon.  If  specifications  of  objections  to  the  bankrupt's  discharge  are 
filed,  the  Court  may  hear  the  issues  thus  presented,  or,  in  its  discretion,  refer  the 
matter  to  a  special  master  for  hearing  and  report  as  in  equity  cases. 

RULE  XXVIII. 

When  any  person  shall  desire  a  review  by  the  Judge  of  any  order  made  by  the 
Referee,  he  shall  file  with  the  Referee  his  petition  therefor,  pursuant  to  General 
Order  Xo.  XXVII  within  ten  days  of  the  date  of  making  such  order,  and  if  such 
petition  be  not  filed  within  said  period  of  ten  days,  the  person  affected  by  such 
order  shall  be  deemed  to  acquiesce  therein,  and  to  have  waived  all  right  to  have 
the  same  reviewed  by  the  Judge.  For  good  cause  shown  the  Referee  may  at  any 
time,  within  ten  days  after  the  making  of  any  order  by  him,  extend  the  time  within 
which  a  petition  for  review  may  be  filed  for  a  period  not  to  exceed  thirty  days  from 
tl'.e  date  of  granting  such  extension  of  time. 

RULE  XXIX. 

When  the  Court  refers  any  matter  arising  in  bankruptcy  to  a  special  master  to 
take  the  evidence,  or  to  report  upon  any  specified  issue,  or  issues  of  law  or  fact, 
for  the  information  of  the  Court,  tlie  special  master  shall  be  entitled  to  a  per  diem 
compensation  at  the  rate  of  ten  dollars  per  day  for  each  day  he  is  necessarily  engaged 
under  said  order  of  reference.  Five  hours  sliall  constitute  a  day's  work  within  the 
meaning  of  this  rule,  but  the  special  master  shall  be  entitled  to  a  minimum  fee  of 
ten  dollars  for  each  matter  so  specially  referred.  The  fees  of  the  special  master 
under  each  order  of  reference  shall  be  stated  in  his  report,  and  unless  excepted  to 
and  disallowed  by  the  Court,  shall  be  paid  by  the  Trustee  Avhen  he  has  funds  avail- 
able for  the  purpose  or  by  the  moving  party  in  the  matter  which  is  the  subject  of 
the  reference.  Exceptions  to  the  report  of  a  special  master  shall  be  filed  within 
five  days  from  the  time  of  the  filing  of  the  report  and  if  no  exceptions  are  filed  within 
that  period,  the  report  shall  stand  confirmed. 

RULE  XXX. 

TIip  Clerk  shall  be  allowed  a  fee  of  seventy-five  cents  for  each  certified  copy  of 
the  petition  for  discharge  and  order  of  notice  thereon  as  expressed  in  Form  57  of 
P'orms  in  Bankruptcy,  mailed  pursuant  to  any  order  of  Court  to  the  creditors  of  a 
bankrupt,  the  same  to  be  taxed  as  costs,  provided  that  if  there  be  more  than  twenty 
creditors   in   any   case,   the   fee   for   all   such   certified   copies   above    twenty   shall    be 


836  RULES  IN  EASTERN  DISTRICT  OF  MISSOURI. 

twenty-five  cents  each  instead  of  seventy-five  cents,  and  upon  the  filing  of  any  applica- 
tion for  discharge,  the  Clerk  is  authorized  to  require  of  the  bankrupt  a  deposit  of 
a  sum  of  money  sufficient  to  pay  such  allowance,  the  same  to  be  refunded  to  the 
bankrupt  in  case  there  be  foimd  to  be  sufficient  assets  in  the  estate  to  satisfy  the 
same. 

RULE  XXXI. 

In  case  a  petition  is  filed  by  a  volimtary  bankrupt  which  is  accompanied  by  an 
affidavit  under  subdivision  2  of  section  51  of  the  Act,  it  shall  be  the  duty  of  the 
Clerk  to  file  said  petition  without  the  pa\Tnent  of  the  fees  provided  by  law.  If  the 
Clerk  or  the  Referee  to  whom  said  petition  is  referred,  has  reason  to  believe  such 
affidavit  is  false,  he  may  file  a  certificate  to  that  effect,  and  cause  the  bankrupt  to 
be  examined.  If,  upon  such  examination,  the  Referee  reports  in  writing  that  the 
statements  contained  in  such  affidavit  are  false,  and  the  bankrupt  has  or  can  procure 
money  with  which  to  pay  said  fees,  such  report  shall  be  sufficient  proof  upon  which 
to  base  proceedings  under  subdivision  4  of  General  Order  X^iXV. 

RULE  XXXII. 

When  a  bankrupt  shall  desire  to  secure  the  confirmation  of  a  composition  with 
creditors,  he  shall  deposit  the  money  necessary  to  carry  such  composition  into  efi'ect 
with  the  designated  depository  to  the  credit  of  the  Judge  of  the  Court.  ^Mlere  any 
part  of  the  consideration  to  be  distributed  under  the  proposed  compensation  shall 
consist  of  promissory  notes,  he  shall  deliver  such  notes,  properly  executed,  to  the 
Clerk. 

The  application  for  the  confirmation  of  a  composition  shall  be  filed  with  the 
Clerk,  and  such  application  shall  be  accompanied  by  the  document,  or  documents, 
evidencing  the  acceptance  of  the  requisite  number  of  creditors,  whose  claims  represent 
the  required  amount.  L  pon  the  filing  of  the  application  for  confirmation,  the  Court 
will,  irpon  application,  fix  a  day  for  heailng  the  same,  and  it  shall  he  the  duty  of 
the  Clerk,  at  least  ten  days  before  the  day  so  fixed,  to  forward  by  mail  to  each 
creditor  named  in  the  bankrupt's  schedules,  directed  to  their  respective  addresses  as 
stated  therein,  a  certified  copy  of  the  order  fixing  the  date  of  such  hearing. 

The  Clerk  shall,  at  least  five  days  before  the  day  fixed  for  the  hearing  on  said 
application,  transmit  said  application  to  the  Referee,  to  wdiom  the  case  has  been 
referred,  and  it  shall  be  the  duty  of  the  Referee  to  file  with  the  Clerk  prior  to  the 
day  fixed  for  the  hearing,  a  report  in  writing,  stating: 

First.  \\'hether  the  bankrupt  has  been  examined  in  open  Court,  or  at  a  meeting 
of  his  creditors,  and  filed  in  Court  the  schedules  required  to  be  filed  by  the  bankrupt. 
Second.  The  number  and  aggregate  amount  of  the  claims  of  creditors,  which 
have  been  allowed  against  the  estate  of  the  bankrupt,  and  the  number  and  aggregate 
amount  of  the  claims  of  those  creditors  who  have  accepted  in  writing  the  proposed 
composition. 

Third.  The  aggregate  amount  of  the  claims  of  creditors  which  are  entitled  to 
priority. 

Fourth.  The  approximate  costs  of  the  proceedings  in  the  event  that  the  com- 
position is  confirmed,  including  the  expenses  and  fees  of  the  Trustee,  Referee  and 
Clerk. 

If,  upon  the  hearing,  the  Court  shall  make  an  order  confirming  the  proposed 
composition,  it  shall  be  the  duty  of  the  Referee  to  whom  the  case  has  been  referred 
to  forthwith  file  with  the  Clerk  the  record  of  proceedings  had  before  him  in  the 
case.  I'pon  the  filing  of  the  record  of  proceedings  had  before  the  Referee,  the  Clerk 
shall  proceed  to  make  distribution,  in  accordance  with  the  terms  of  the  composition, 


RULES  IN  EASTERN  DISTRICT  OP  MISSOURI.  837 

the  amount  to  be  distributed  being  computed  upon  the  basis  of  the  allowed  claims, 
in  case  the  claim  has  been  allowed,  and  where  the  claim  has  not  been  presented  for 
allowance,  upon  the  amount  stated  in  the  schedule  as  owing  to  the  creditor. 

After  making  distribution  in  accordance  with  the  terms  of  the  composition,  the 
Clerk  shall  file  a  written  report,  with  proper  vouchers,  showing  the  amount  of 
money,  deposited  to  the  credit  of  the  Judge,  the  amount  distributed  to  each  creditor 
entitled  to  share  in  the  distribution,  and  the  amount  paid  out  for  costs  or  fees,  and 
the  amount,  if  any,  returned  to  the  bankrupt. 

RULE  XXXIII. 

In  all  suits  instituted  by  Trustees  in  Bankruptcy,  process  shall  issue  therein  in  the 
form  of  a  subpoena  directed  to  the  defendant  or  defendants  commanding  them  to  appear 
upon  a  day  to  be  named  therein,  not  less  than  twenty  days  from  the  date  of  issuing 
such  subpoena.  The  defendant  shall  appear  and  plead  within  five  days  after  the  return 
day  named  in  the  subpoena,  provided  he  shall  have  been  served  with  process  at  least 
fifteen  days  before  that  time,  and  if  he  shall  not  have  been  so  served,  then  he  shall 
appear  and  plead  within  twenty  days  after  he  shall  have  been  served  with  process,  and 
any  counter  pleading  on  behalf  of  plaintiff  or  complainant,  shall  be  filed  within  five 
days  thereafter.  In  trials  in  equity  suits  the  testimony  of  witnesses  shall  be  taken 
orally  in  open  Court,  except  as  otherwise  provided  by  statute  or  the  Equity  Rules.  In 
equity  cases  the  complainant  shall  take  any  evidence  he  may  be  entitled  to  take  within 
thirty  days  after  the  cause  is  at  issue;  the  defendant  shall  take  any  evidence  he  may 
be  entitled  to  take  within  thirty  days  thereafter;  and  complainant  shall  take  any  evi- 
dence he  may  be  entitled  to  take  in  rebuttal  within  fifteen  days  thereafter.  For  good 
cause  shown,  and  after  notice  to  the  adverse  party,  the  Court  may  enlarge  the  time 
within  which  the  parties  are  required  to  take  such  evidence.  When  a  cause  is  at  issue, 
and  ready  for  trial,  the  Court,  upon  application,  and  after  notice  to  the  adverse  party, 
will  set  the  same  down  for  trial  upon  a  day  to  be  designated  by  the  Court. 

RULE  XXXIV. 
On  the  filing  of  an  application  for  trial  by  jury,  by  an  alleged  bankrupt,  there  shall 
be  deposited  with  the  Clerk  at  the  time  of  filing  svich  application,  the  sum  of  one  hun- 
dred dollars,  to  cover  the  costs  of  the  trial. 

RULE  XXXV. 

No  Receiver  in  Bankruptcy  shall  employ  any  attorney  or  counsel,  except  upon  the 
order  of  the  Court,  or,  if  the  Receiver  is  appointed  by  a  Referee,  upon  the  order  of  the 
Referee.  Such  order  shall  be  granted  only  upon  the  petition  of  the  Receiver,  setting 
forth  the  name  of  the  counsel  whom  he  wishes  to  employ,  the  reasons  for  the  selection 
of  that  person,  and  showing  the  necessity  of  employing  any  attorney  or  counsel. 

RULE  XXXVI. 
(Adopted   October   23,    1914.) 

Petitions  of  Receivers  in  Bankruptcy  for  authority  to  employ  counsel,  final  reports 
of  Receivers  in  Bankruptcy,  including  applications  of  Receivers  and  their  attorneys  for 
com.pensation,  and  intervening  petitions  for  reclamation  of  property  in  bankruptcy 
cases,  when  filed  in  this  Court,  shall  stand  referred  and  be  forthwith  transmitted  by 
the  Clerk  to  the  Referee  in  Bankruptcy  to  whom  the  case  has  been  referred,  or,  if  no 
order  of  reference  has  been  made,  then  to  the  Referee  to  whom  the  case  would,  in  the 
ordinary  course,  be  referred,  and  such  Referee  shall  thereupon  have  full  autliority  and 
jurisdiction  to  hear  and  determine  all  said  matters,  and  to  make  such  order  or  orders 
in  respect  thereto  as  may  be  appropriate  in  the  premises. 


DISTRICT  OF  NEBRASKA. 


RULE  I. 

First  Name  of  Bankrupt  to  be  Set  Forth  in  Full. 
In  all  petitions  for  an  adjudication  of  bankruptcy,  whether  voluntary  (see  general 
forms  Nos.  1  and  2)  or  involuntary  (see  general  form  No.  3),  the  first  name  of  the 
alleged  bankrupt  must  be  given  in  full.  And  no  adjudication  of  bankruptcy  will  be 
made,  or  other  proceedings  taken,  by  the  Referee,  imtil,  either  in  the  original  petition 
or  in  amendment  thereto  duly  made,  the  first  name  of  the  alleged  bankrupt  is  set 
forth  in  full,  and  not  by  initial  only. 

RULE  II. 

Attorney  Appearing  Shall  Sign  Each  Paper  Offered  for  Filing. 

Except  as  to  a  paper  filed  by  the  bankrupt  or  such  creditor  in  a  proceeding  in 

bankruptcy  conducted  by  the  bankrupt  in  person,  or  by  creditor  or  creditors  in  person, 

every  paper  offered  to  be  filed  sliall  be  signed  on  its  face  by  the  attorney  or  counselor 

appearing  or  having  appeared  for  the  party  in  whose  behalf  the  paper  is  ofi"ered. 

RULE  III. 

Duty  of  Trustee  and  Referee  Concerning  Taxes. 
In  all  cases  wherein  there  are  assets  coming  under  charge  of  tlie  Trustee,  it  shall  be 
the  duty  of  the  Trustee  forthwith  to  ascertain  from  the  proper  sources,  what  taxes,  if 
any,  are  claimed  to  be  due  and  owing  by  the  bankrupt  to  the  United  States,  to  the 
State  of  Nebraska,  to  the  county  and  town  or  city  in  which  tlie  bankrupt  resides,  or  in 
whicli  any  part  of  the  estate  is  situated  for  taxing  purposes,  and  to  make  a  written 
report  thereof  to  the  Referee,  specifying  the  taxes  upon  each  piece  of  property,  so  far 
as  the  same  are  shown  by  the  tax  lists;  and  the  Referee  sliall  in  writing,  pursuant  to 
section  64  of  the  Bankrupt  Act,  order  the  payment  by  the  Trustee  of  all  taxes  foimd 
by  the  Referee  to  be  legally  due  and  owing  by  the  bankrupt  according  to  said  report. 

Notice  of  Hearing  of  Issues  Concerning  Taxes. 

But  if  any  question  arises  touching  the  taxes,  or  any  part  thereof,  claimed  or 
reported  to  be  due,  the  Referee,  after  due  notice  given  by  mail  (section  58,  Bankrupt 
Act)    shall  hear  and  determine  the  question  at  issue  and  order  payment  accordingly. 

RULE  IV. 
Duty  of  Trustee  and  Referee  Concerning  Assets. 
In  all  cases  where  there  are  assets  coming  under  charge  of  the  Trustee,  it  shall  be 
the  duty  of  the  Trustee  to  ascertain,  and  report  to  the  Referee  a  schedule  of  all  debts 
which  are  claimed  to  be  entitled  to  priority  of  payment  under  the  provisions  of  section 
64  of  the  Bankrupt  Act,  together  with  the  order  of  priority  thereof,  and  the  Referee 
shall  make  the  proper  order  for  payment  thereof  by  the  Trustee,  according  to  said 
report. 

But  if  any  question  arises  with  respect  to  payment  of  any  one  or  more  of  such 
claims  in  accordance  with  said  report  of  the  Trustee,  tlie  Referee,  after  due  notice 
given  by  mail  (section  58,  Bankrupt  Act),  shall  hear  and  determine  the  question  at 
issue,  and  order  payment  accordingly. 

[83S] 


RULES  IN  DISTRICT  OF  NEBRASKA.  839 

RULE  V. 
Dividend  Declared  —  Allowances  for  Costs  and  Expenses. 
In  cases  where  a  first  dividend  is  declared  within  thirty  days  after  the  adjudication, 
under  the  provisions  of  section  65,  of  the  Bankrupt  Act,  the  iReferee  must  make  due 
and  full  allowance  for  the  estimated  costs  and  expenses  that  may  be  payable  out  of 
the  estate  (sections  40,  48  and  52,  Bankrupt  Act,  and  general  order  No.  X),  and  for  the 
amount  necessary  to  pay  tlie  debts  liaving  priority  (section  64,  Bankrupt  Act),  and  shall 
tlien  declare  a  dividend  at  a  per  cent,  which  enables  payment  thereof  to  bo  made  upon 
all  cla.ms,  which  up  to  that  time  have  been  scheduled  or  filed  for  allowance. 

RULE  VI. 
Payment  of  Dividend. 
^Mien  a  dividend  has  been  declared  the  Referee  shall  fix  tlie  time  of  paynirnt  tliereof 
at  a  date  enabling  the  giving  by  mail  of  ten  days'  notice  tliereof  to  the  creditors ;  and 
said  Referee  shall  thereupon  prepare  and  deliver  to  the  Trustee  a  dividend  sheet  (see 
general  form  No.  40)  which  sliall  contain  the  names  of  the  creditors  whose  claims  have 
been  proved  and  allowed,  their  postoffice  addresses,  the  amount  of  dividend  payable  to 
each  creditor,  the  date  when  the  dividend  has  been  declared  to  be  payable,  and  a 
statement  of  tlie  person  by  whom  tlie  checks  of  the  Trustee  in  payment  of  the  dividend 
(see  general  order  Xo.  XXIX)  are  to  be  countersigned. 

RULE   VII. 

Checks  to  Pay  Dividend  —  When  and   How  Delivered. 

Upon  receiving  the  dividend  sheet  from  the  Referee,  the  Trustee  shall  forthwith 
prepare  and  have  properly  countersigned  the  checks  upon  the  depository  necessary  for 
the  payment  of  the  dividend  declared  as  sliown  by  the  dividend  sheet,  and  within  ten 
days  from  the  date  of  payment  fixed  by  the  Referee  on  the  dividend  sheet,  shall  deliver 
or  forward  to  the  creditors  entitled  thereto  the  check  for  the  dividend  declared. 

RULE  VIII. 
Checks  —  How  and  by  Whom  Signed. 
Except  where  otherwise  directed  by  special  order  of  this  court,  the  dividend  checks 
in  each  estate  will  be  signed  by  tlie  Trustee  thereof,  and  countersigned  by  the  Referee 
before  whom  proceedings  are  tlierein  pending. 

RULE  IX. 
Clerk's  Report  Concerning  Concluded  Case. 
Upon  receiving  from  the  Referee  his  record  of  a  concluded  case,  it  shall  be  the 
duty  of  the  Clerk  to  examine  such  record  in  order  to  ascertain  whetiier  it  complies  with 
the  Bankrupt  Act.  the  general  orders  thereunder  and  the  rules  nf  this  court.  If  omissions 
are  found  therein,  the  Clerk  shall  notify  tlie  Referee  tliereof.  to  the  end  tliat  the  record 
filed  by  the  Referee  shall  be  complete. 

Final  Order  Closing  Estate. 
When  upon  report  of  the  Clerk  it  appears  that  a  complete  record  has  been  filed,  and 
that   all  things   have   been   done   necessary  to   properly   close  the   estate,  the    District 
Court,  or  the  Judge  thereof,  will  make  an  order  directing  the  final  closing  of  the  estate 
and  the  payment  by  the  Clerk  of  the  fees  belonging  to  the  Referee  and  Trustee. 

RULE  X. 
Date  Bankrupt  Becomes  Subject  to  Order  of  Court. 
The  day  named  in  the  order  of  reference  for  the  attendance  of  the  bankrupt  befor-! 
the  Referee,  shall,  by  said  Referee,  be  entered  in  his  docket  as  the  date  from  v.-liich  the 


840  RULES  IN  DISTRICT  OF  NEBRASKA. 

bankrupt  becomes  subject  to  the  order  of  tlie  court,  as  provided  in  general  order  in 
Bankruptcy  No.  XII. 

Duty  of  Referee —  Notice  to  Bankrupt  of  First  Meeting  of  Creditors. 
Unless  cause  to  the  contrary  exists,  the  Referee  may  continue  the  time  so  named 
for  the  personal   attendance  of   said   bankrupt,  to   the   time   and   place   fixed  for  the 
first  meeting  of  creditors,  giving  notice  thereof  by  mail  to  the  bankrupt. 

RULE  XI. 
Application  for  Discharge  Shall  Be  Verified  by  Bankrupt  and  by  Clerk  Sent  Forthwith 

to  Referee. 

Application  for  a  discharge  on  behalf  of  a  bankrupt  (see  general  form  57)  shall  be 
verified  by  the  bankrupt  and  be  filed  with  the  Clerk  of  the  District  Court,  and  shall  by 
said  Clerk  be  forthwith  sent  to  the  Referee  having  charge  of  the  bankruptcy  proceedingiJ 
of  said  bankrupt. 

Notice  to  Be  Given  by  Referee  to  Creditors  and  Referee  Concerning  Application  for 

Discharge. 

Upon  receipt  of  said  application  in  proper  form  the  Referee  shall  forthwith  notify 
the  creditors  by  mail  of  the  filing  of  said  application,  and  that  if  they  propose  to  show 
cause  against  such  application,  an  appearance  in  opposition  must  be  entered  in  writing 
before  the  Referee,  at  the  place  and  on  or  before  the  date  fixed  in  said  notice;  and  said 
notice  shall  be  published  once  (unless  the  Referee  for  good  cause  shall  order  further 
publication)  in  the  newspaper  wherein  was  published  notice  of  first  meeting  of  the 
creditors  of  said  bankrupt.  Notice  of  the  time  and  place  thus  fixed,  and  that  he  is 
required  then  and  there  to  attend,  sliall  also,  by  said  Referee  be  mailed  or  given  in 
person  to  said  bankrupt,  and  it  shall  be  the  duty  of  the  bankrupt  to  attend  accordingly. 

Referee's  Certificate  Returning  Application  for  Discharge  to  Clerk's  Office. 

If  no  appearance  in  opposition  to  such  application  for  discharge  is  filed  with  said 
Referee,  on  or  before  the  time  thus  fixed,  said  Referee  shall  forthwith  mail  to  tlie  Clerk 
the  application  for  such  discharge,  with  his  certificate  showing  that  due  notice  of  the 
filing  of  application  for  such  discharge  had  been  given  to  said  creditors,  and  duly  pub- 
lished as  directed;  that  no  appearance  in  opposition  had  been  filed  on  behalf  of  anyone; 
the  amount,  if  any,  of  costs  and  expenses  remaining  unpaid  to  the  Referee  or  Trustee, 
and  also  certifying  whether  the  bankrupt  has  or  has  not  fully  complied  with  the  require- 
ments of  the  Bankrupt  Act  so  far  as  known  to  the  Referee. 

If  an  appearance  in  opposition  to  said  application  for  discharge  is  filed,  the  Referee 
shall  retain  the  matter  until  the  expiration  of  the  ten  days  allowed  (see  general  order 
No.  XXXII) — after  date  fixed  in  said  notice  —  for  filing  specifications  of  the  ground  of 
opposition  (see  general  form  No.  58);  and  at  the  expiration  of  said  ten  days  the 
Referee  shall  send  to  the  Clerk  the  application  for  such  discharge,  with  his  certificate 
showing  the  action  had  before  him,  and  also  showing  so  far  as  applicable,  the  several 
matters  by  last  preceding  paragraph  required  to  be  certified.  Thereupon  the  Judge  will 
fix  the  time  and  place  for  hearing  the  issues  thus  presented  and  will  prescribe  the  notice 
to  be  given  thereof. 

Time  of  Hearing  Application  for  Discharge  by  Judge. 
If  no  appearance  in  opposition  to  the  application  for  a  discharge  is  filed  before  the 
Referee,  or  if  filed,  no  specifications  in  support  thereof  are  filed  before  the  Referee  within 
the  ten  days  allowed  therefor,  said  amplication  for  a  discharge  will  then  be  for  hearing 
before  the  Judge  without  further  notice  to  the  parties. 


DISTRICT  OF  COLORADO. 


RULE  I. 
Bankruptcy  Districts. 

In  order  to  appoint  Referees  and  define  the  territory  in  ■which  they  shall  have 
jurisdiction,  pursuant  to  the  Act  of  Congress  approved  July  1,  1898,  entitled  "An  act  to 
Establish  a  Uniform  System  of  Bankruptcy  Throughout  the  United  States,"  the  State 
of  Colorado  is  hereby  divided  by  counties  into  five  bankruptcy  districts,  as  follows, 
namely: 

The  first  district  shall  be  composed  of  the  counties  of  city  and  county  of  Denver, 
Elbert,  Jackson,  Arapahoe,  Adams,  Yuma,  Washington,  Morgan,  Phillips,  Sedgwick, 
Logan,  Weld,  Jefl'erson,  Park,  Clear  Creek,  Gilpin,  Boulder,  Larimer,  Grand,  Routt  and 
Moffat. 

The  second  district  shall  be  composed  of  the  coimties  of  El  Paso,  Teller,  Douglas, 
Lincoln,  Cheyenne  and  Kit  Carson. 

The  third  district  shall  be  composed  of  the  counties  of  Pueblo,  Fremont,  Chaffee, 
Custer,  Huerfano,  Otero,  Bent,  Prowers,  Kiowa,  Las  Animas,  Baca,  Rio  Grande,  Mineral, 
Saguache,   Costilla,  Conejos  and  Crowlej-. 

Tlie  fourth  district  shall  be  composed  of  the  counties  of  San  Miguel,  Hinsdale, 
Ouray,  Montrose,  Gunnison  and  Delta. 

The  fifth  district  shall  be  composed  of  the  counties  of  Mesa,  Pitkin,  Garfield,  Rio 
Blanco,  Lake,  Eagle  and  Summit. 

The  sixth  district  shall  be  composed  of  the  counties  of  Archuleta,  La  Plata,  San 
Juan,  Montezuma  and  Dolores. 

RULE  II. 
Petitions  —  Where  Filed. 

1.  Petitions  in  bankruptcy  shall  be  filed  in  the  District  Court  at  Denver,  when 
the  bankrupt  resides  or  does  business  in  any  of  the  counties  of  city  and  county  of 
Denver,  Douglas,  Elbert,  Lincoln,  Cheyenne,  Kit  Carson,  Arapahoe,  Adams,  Yuma,  Wash- 
ington, Morgan,  Phillips,  Sedgwick,  Logan,  Weld,  Jefferson,  Park,  Clear  Creek,  Gilpin, 
Boulder,  Larimer,  Jackson,  Grand,  Routt,  El  Paso,  Lake,  Eagle,  Summit,  Teller  or 
Moffat. 

2.  Petitions  in  bankruptcy  shall  be  filed  in  the  District  Court  at  Pueblo,  when  the 
bankrupt  resides  or  does  business  in  any  of  the  counties  of  Pueblo,  Fremont,  Chaffee, 
Custer,  Huerfano,  Otero,  Bent,  Prowers,  Kiowa,  Las  Animas,  Baca,  Rio  Grande,  Mineral, 
Saguache,  Costilla,   Conejos,  Archuleta,  La  Plata,  Montezuma,  San   Juan  or  Crowley. 

3.  Petitions  in  bankruptcy  shall  be  filed  in  the  District  Court  at  Montrose  when 
the  bankrupt  resides  or  does  business  in  any  of  the  counties  of  Dolores,  San  Miguel, 
Hinsdale,  Ouray,  Montrose,  Gunnison,  Delta,  Mesa,  Pitkin,  Garfield  or  Rio  Blanco. 

4.  In  all  petitions  for  adjudication  of  bankruptcy,  whether  volimtary  or  involun- 
tary, the  first  name  of  the  alleged  bankrupt  must  be  given  in  full.  And  no  adjudication 
of  bankruptcy  will  be  made,  or  other  proceeding  taken,  by  the  Referee  until,  either  in 
the  original  petition  or  in  amendment  thereto  duly  made,  the  first  name  of  the  alleged 
bankrupt  is  set  forth  in  full,  and  not  by  initial  only. 

5.  In  all  cases  wherein  there  are  assets  coming  under  charge  of  the  Trustee,  it 
shall  be  the  duty  of  the  Trustee  forthwith  to  ascertain  from  the  proper  sources  what 
taxes,  if  any,  there  are  upon  any  real  estate  owned  by  the  bankrupt  or  claimed  to  be 
due  and  owing  by  the  bankrupt  thereon,  to  the  United  States,  to  the  State  of  Colorado, 

[S41] 


842  RULES  IN  DISTRICT  OF  COLORADO. 

to  the  county  and  town  or  city,  and  to  make  a  written  report  thereof  to  the  Referee, 
specifying  the  taxes  upon  each  piece  of  property  so  far  as  the  same  is  shown  by  the 
tax  lists,  together  with  the  interest,  whether  legal  or  equitable,  of  the  bankrupt  in  said 
estate,  and  the  value  of  such  interest,  and  whether  or  not,  it  is  in  his  judgment,  to  the 
interest  of  the  estate  to  pay  such  taxes  in  order  to  j^rotect  the  property  for  the 
benefit  of  creditors  and  upon  the  receipt  of  such  report,  the  Referee,  if  in  his  judgment 
the  interest  of  the  bankrupt  in  said  estate  justifies  the  payment  of  such  taxes  for 
the  protection  of  the  interest  of  the  creditors,  shall,  in  writing,  pursuant  to  section  64 
of  the  Bankrupt  Act,  order  the  payment  by  the  Trustee  of  all  such  taxes  found 
by  the  Referee  to  be  legally  due  and  owing  by  the  bankrupt  according  to  said  report. 

6.  If  any  question  arises  touching  the  taxes,  or  any  part  thereof,  claimed  or 
reported  to  be  due,  the  Referee,  after  due  notice  given  by  mail,  shall  hear  and  determine 
the  question  at  issue  and  order  payment  accordingly. 

7.  In  all  cases  where  there  are  assets  coming  under  charge  of  the  Trustee,  it 
shall  be  the  duty  of  the  Trustee  to  ascertain,  and  report  to  the  Referee,  a  schedule  of  all 
debts  which  are  claimed  to  be  entitled  to  priority  of  payment,  under  the  provisions 
of  section  64  of  the  Bankrupt  Act,  together  with  the  order  of  priority  thereof,  and 
the  Referee  shall  make  the  proper  order  for  payment  thereof  by  the  Trustee,  according 
to  the   ascertainment   of  the   Referee. 

8.  If  any  question  arises  with  respect  to  payment  of  any  one  or  more  of  such 
claims  in  accordance  with  said  report  of  the  Trustee,  the  Referee,  after  due  notice  given 
by  mail,  shall  hear  and  determine  the  question  at  issue,  and  order  payment  accordingly. 

9.  If  the  bankrupt  shall  reside  in  one  county  and  do  business  in  another  county, 
within  the  state,  the  place  of  his  residence  shall  control.  When  several  persons  are 
charged  in  the  same  petition,  the  petition  may  be  filed  in  the  court  having  jurisdiction 
of  the  greater  number,  or  where  the  business  of  such  persons  may  be  carried  on. 

RULE  III. 

Bankruptcy  Courts. 
A  court  of  bankruptcy  may  be  held  at  a  place  other  than  that  at  which  the  Referee 
resides,   when    the    convenience    of    parties    requires    it.     In    that    case,    the    Referee's 
expenses  of  travel  may  be  charged  against  the  estate. 

RULE  IV, 
Poor  Persons. 

In  case  of  a  petition  in  bankruptcy,  accompanied  by  an  affidavit  stating  "  that 
the  petitioner  is  without,  and  can  not  obtain,  money  wherewith  to  pay  fees,"  there  shall 
be  filed  with  the  petition  an  affidavit  of  the  petitioner,  and  of  his  attorney,  stating  that 
the  petitioner  has  not  paid  and  has  not  agreed  to  pay  to  his  attorney  any  sum  of 
money,  or  other  thing  of  value,  for  the  services  of  such  attorney  in  such  bankruptcy 
proceeding. 

This  rule  shall  not  apply  when  the  petitioner  shall  act  for  himself,  without  the 
assistance  of  an  attorney. 

RULE  V. 

Subpoena. 

Upon  petition  filed  in  Denver  under  section  3  of  the  Act  relating  to  involuntary 
bankruptcies,  against  a  person  residing  in  the  city  and  county  of  Denver,  the  Clerk 
shall  issue  a  writ  of  subpoena  returnable  in  ten  days;  when  the  person  charged  with  acts 
of  bankruptcy  shall  reside  in  any  other  county,  the  writ  shall  be  returnable  in  fifteen 
days. 

Upon  petition  filed  in  Pueblo  under  section  3  of  the  Act  relating  to  involuntary 
bankruptcies,  the  Clerk  shall  issue  a  writ  of  subpoena,  returnable  in  fifteen  days. 


RULES  IN  DISTRICT  OF  COLORADO.  843 

Upon  petition  filed  in  Montrose  under  s'cction  3  of  the  Act  relatinjj;  to  involuntary 
bankruptcies,  the  Clerk  shall  issue  a  Avrit  of  subpoena  returnable  in  fifteen  days. 

RULE  VI. 
Discharge. 
A  petition  for  discharge  shall  be  presented  to  the  Referee  in  charge  of  tlie  case;  the 
Referee  shall  appoint  a  meeting  of  the  creditors  to  consider  such  petition,  and  give  notice 
thereof  as  required  by  law  and  the  rules  of  court;  after  such  meeting  shall  have  been 
held,  the  Referee  shall  report  to  the  court  the  petition,  and  his  proceedings  under  the 
same,  and  any  opposition  made  to  the  discharge  of  the  bankrupt.  Following  such 
report,  the  court  will  make  order  as  the  justice  of  the  case  may  demand. 

RULE  VII. 

Costs  on  Discharge. 

In  case  of  opposition  to  a  discharge  in  bankruptcy  and  issue  joined,  upon  which 
testimony  shall  be  taken  before  a  Referee,  the  cost  of  taking  testimony,  together  with  a 
charge  of  five  dollars  per  day  to  be  paid  to  the  Referee  for  the  time  occupied,  not 
exceeding  three  days,  shall  be  paid  by  the  opposing  creditors.  Such  costs  and  fee  to  the 
Referee  may  be  charged  against  the  estate  in  a  proper  case. 

RULE  VIII. 

Notices. 

Notice  to  creditors,  under  section  58  of  the  Bankrupt  Act,  sent  by  mail,  shall  be 
deposited  in  a  postoffice  not  less  than  two  weeks  prior  to  the  day  fixed  in  the  notice. 

RULE  IX. 
Closing  Cases. 

Upon  receiving  from  the  Referee  his  record  of  a  concluded  case,  it  shall  be  the 
duty  of  the  Clerk  to  examine  such  record  in  order  to  ascertain  whether  it  complies  with 
the  Bankrupt  Law,  the  general  orders  thereunder  and  the  rules  of  this  court.  If 
omissions  are  found  therein,  the  Clerk  shall  notify  the  Referee  thereof,  to  the  end 
that  the  record  filed  by  the  Referee  shall  be  complete.  When,  upon  report  of  the  Clerk, 
it  appears  that  a  complete  record  has  been  filed,  and  that  all  things  have  been  done 
necessary  to  properly  close  the  estate,  the  District  Court,  or  the  Judge  thereof,  will 
make  an  order  directing  the  final  closing  of  the  estate  and  the  payment  by  the  Clerk 
of  the  fees  belonging  to  the  Referee  and  Trustee. 

RULE  X. 
Publication. 
Notices  required  to  be  published  by  the  Bankrupt  Act,  shall  be  charged  for  and 
allowed  at  the  rate  fixed  by  section  3934,  Revised  Statutes  of  Colorado,  1908. 

RULE  XI. 
Oath  of  Bankrupt  Before  Discharge  or  Composition. 
Before  the  granting  of  a  discharge  or  the  confirmation  of  an  offer  of  composition, 
the  bankrupt  shall  make  and  file  an  oath  with  the  Referee,  that  he  has  not  done  or 
suffered  or  procured  to  be  done  or  been  privy  to  any  act,  matter  or  thing  specified  in 
the  Bankruptcy  Act,  as  a  ground  for  withholding  a  final  discharge,  or  as  invalidating 
the  same.  Such  oath  shall  be  made  at  the  time  or  after  filing  petition  for  discharge 
or  application  for  confirmation  of  composition. 


NORTHERN  DISTRICT  OF  TEXAS. 


RULE  XXIX. 

Creditors  and  the  bankrupt  may  be  represented  in  any  proceedings  in  bank- 
ruptcy by  attorneys  authorized  to  practice  in  the  District  Courts  of  the  United  States. 
Attorneys  may  verify  papers  required  to  be  verified  in  bankruptcy  proceedings,  or 
collect  dividends,  when  they  file  with  the  Referee  letters  of  attorney,  stating  the 
authority  to  them  given ;  the  verification  of  papers  by  attorneys  must  set  out  the 
authority  by  which  they  act;  the  reason  why  the  creditor  or  bankrupt  does  not  act 
in  person,  and  that  they  have  personal  knowledge  of  the  truth  of  the  facts  alleged  in 
the  paper  verified,  vrhen  such  personal  knowledge  would  be  required  of  the  bankrupt 
or  creditor. 

The  attorney  of  record  for  the  bankrupt  shall  not  act  for  any  creditor  or  for  the 
Trustee  in  bankruptcy  proceedings. 

RULE  XXX. 

All  petitions,  schedules  and  pleadings  shall  be  written  in  a  plain  and  legible 
hand,  or  typewritten,  or  printed  on  white  paper  of  approximately  legal  size;  all  pleadings 
must  be  properly  endorsed  by  the  party  filing  the  same,  with  the  name  of  the  court, 
the  nature  and  character  of  the  pleading,  the  title  of  the  cause,  and  if  the  parties 
appear  by  attorneys,  his  name  and  address. 

Petitions  and  schedules  and  petitions  for  discharge  shall  be  signed  with  the  full 
name  of  the  bankrupt.  Petitions  and  schedules  not  so  signed  may  be  filed  and  referred 
but  the  bankrupt  shall  forthv.'ith  file  amendments  to  the  petitions  setting  forth  his  full 
name  and  no  further  proceedings  shall  be  had  until  such  amendments  shall  have  been 
filed. 

The  Clerk  and  Referee  are  charged  with  the  duty  of  enforcing  the  observance  of  this 
rule. 

RULE  XXXI. 

Upon  the  filing  of  an  involuntary  petition  in  bankruptcy  the  petitioning  creditor 
or  creditors  shall  at  the  same  time  file  with  the  Clerk,  in  addition  to  the  original  petition 
a  duplicate  copy  of  the  said  petition  for  each  person  against  whom  the  proceeding  is 
instituted,  such  duplicate  copy  or  copies  to  be  served  upon  said  proposed  bankrupt 
or  bankrupts. 

RULE  XXXII. 

The  fact  that  the  bankrupt  has  no  property  or  creditor  described  in  a  schedule 
shall  be  stated  thereon  in  the  proper  place  by  writing  the  word  "  none  "  or  such  other 
explanatory  memoranda  as  he  may  deem  necessary  and  proper.  Amendments  to 
schedules  may  be  made  after  they  have  been  duly  authorized  and  shall  be  filed  in 
triplicate  in  the  Clerk's  office  for  the  use  of  the  Clerk,  Referee  and  Trustee  and  no 
amendment  shall  be  allowed  except  upon  application,  nor  after  a  petition  for  discharge 
has  been  granted. 

RULE  XXXIII. 

Upon  the  filing  of  a  petition  for  involuntary  bankruptcy  if,  before  the  return  day 
named  in  the  writ  of  subpoena  issued  to  the  bankrupt,  he  confesses  the  allegations  of 
the  petition  and  waives  service  thereunder  by  answer  filed  with  the  Clerk,  an  adjudica- 
tion on  said  petition  may  be  had,  as  provided  in  section  18  of  the  Bankrupt  Act,  after 
the  expiration  of  five  days  from  the  filing  of  such  answer. 

[844] 


RULES  IN  NORTHERN  DISTRICT  OF  TEXAS.  845 

RULE  XXXIV. 

The  day  named  in  the  order  of  reference  for  the  attendance  of  the  bankrupt 
before  the  Keferee  shall  be  the  fifth  day  after  the  date  of  such  order  and  shall  by  said 
Keferee  be  entered  in  his  docket  as  the  date  from  which  the  bankrupt  becomes  subject 
to  the  orders  of  tlie  court,  as  provided  in  general  order  in  Bankruptcy  No.  18.  Unless 
cause  for  the  contrary  exists  the  Referee  may  continue  the  time  so  named  for  the 
personal  attendance  of  said  bankrupt  to  the  time  and  place  fixed  for  the  first  meeting  of 
creditors,  or  to  such  time  and  place  as  he  may  find  to  be  for  the  best  interest  of  all 
parties. 

RULE  xxxy. 

Any  creditor  or  party  in  interest  wlio  may  wish  to  examine  the  bankrupt  or  any 
witness  at  any  meeting  of  creditors  shall,  after  he  has  received  notice  thereof,  forthwith 
notify  the  Referee  in  writing  of  his  desire  to  examine  the  bankrupt  or  such  witness  and 
deposit  with  the  Referee  a  sufficient  sum  of  money,  to  be  fixed  by  the  Referee,  to 
defray  the  expense  of  said  examination  and  the  expense  of  a  stenographer,  if  a  ste- 
nographer is  deemed  necessary  by  the  Referee.  If  it  shall  appear  that  said  examination 
has  resulted  in  benefit  to  the  estate  the  amount  so  advanced  may  be  refunded  upon 
proper  application  and  order  of  the  Referee  to  the  party  making  such  deposit. 

RULE  XXXVI. 

When  there  are  assets  belonging  to  an  estate  in  bankruptcy  the  Trustee  shall  forth- 
with ascertain  what  taxes  are  due  and  owing  at  the  time  of  the  filing  of  the  petition, 
to  the  United  States,  to  the  State  of  Texas,  or  any  other  State  or  municipality,  without 
regard  to  whether  such  taxes  have  been  assessed  against  or  a  lien  on  the  property  of 
the  bankrupt.  He  shall  make  a  written  report  thereof  to  tlie  Referee  who  shall  order 
the  payment  by  the  Trustee  of  all  taxes  found  to  be  legally  due  and  owing  by  the 
bankrupt  or  such  part  thereof  in  the  order  of  priority  above  named,  if  there  be  not 
sufficient  funds  to  pay  the  whole  amount,  and  all  costs  of  the  court;  provided,  such 
report  shall  remain  on  file  at  least  twenty  days  to  enable  any  party  in  interest  to  file 
any  objections  or  exceptions  to  the  same. 

It  shall  be  the  duty  of  the  Trustee  to  render  all  property  subject  to  taxation 
belonging  to  the  estate  wherever  situated  to  the  proper  assessor  or  collector  and  pay 
the  same  as  part  of  the  costs  of  the  administration  and  make  report  thereof  in  writing 
to  the  Referee. 

RULE  XXXVII. 

It  shall  be  the  duty  of  the  Trustee  when  there  are  assets  in  his  control  to  report  to 
the  Referee  all  debts  claimed  to  be  entitled  to  priority  who  shall  make  the  proper  order 
for  their  payment  when  a  proper  proof  of  claim  has  been  filed  by  each  claimant  and 
allowed,  as  required  by  the  Bankrupt  Act. 

RULE  XXXVIII. 

^^Tien  a  dividend  is  declared  the  Referee  shall  fix  a  date  on  and  after  which  pay- 
ments may  be  made  by  the  Trustee,  due  notice  of  which  sliall  be  given  by  the  Referee 
as  required  by  section  58,  subdivision  5. 

On  receipt  of  the  dividend  sheets  as  provided  by  section  39  (1)  the  Trustee  shall 
forthwith  prepare  and  have  countersigned  by  the  officer  desigiiated  for  that  purpose, 
warrants  upon  the  official  depository  for  the  sums  of  the  amount  named  in  the  dividend 
sheets  payable  to  the  several  creditors.  The  Trustee  shall  deliver  the  warrants  on  the 
day  fixed  for  the  payments  of  the  dividend,  or  any  day  thereafter,  to  the  creditors 
entitled  to  them.  After  the  day  when  payment  of  dividends  may  be  made  the 
Trustee  may  deliver  such  warrants  to  the  creditors  or  to  the  attorney  or  agent  of  the 
creditor  who  has  filed  with  the  Referee  or  Trustee  a   letter  of  attorney  authorizing 


846  RULES  IN  NORTHERN  DISTRICT  OF  TEXAS. 

liim  to  receive  such  warrant.  Tlie  Referee  shall  prepare  the  dividend  sheets  upon  the 
report  and  recommendation  of  the  Trustee  that  he  has  sufficient  funds  therefor  after 
paying  all  debts  and  other  claims  entitled  to  priority  and  expenses,  whether  allowed 
or  thereafter  to  be  allowed.  The  Referee  shall  retain  a  copy  of  the  dividend  sheet 
issued  by  him  to  the  Trustee,  for  the  use  of  creditors  and  parties  in  interest  seeking 
information,  upon  which  shall  be  registered  opposite  the  name  of  each  creditor  the 
num.ber  of  the  dividend  warrant. 

It  shall  not  be  necessary  for  the  Referee  to  declare  more  than  one  dividend  where 
the  amount  available  for  that  purpose  is  five  hundred  dollars  or  less,  but  in  such  case  he 
sliall  declare  but  one  dividend  and  that  after  the  lapse  of  three  months  from  the  date 
of  adjudication. 

RULE  XXXIX. 

All  reports  of  the  Trustees  shall  be  filed  with  the  Referee  having  jurisdiction  over 
the  case,  they  shall  report  the  condition  of  the  estate  at  the  end  of  every  month 
beginning  with  the  date  of  their  qualification,  in  which  must  be  specifically  stated  the 
amount  of  cash  received  from  all  sources  and  the  amount  of  their  disbiu-sements  and 
such  other  matter  as  may  be  required  of  them  by  the  Referee.  • 

RULE  XL. 
Discharge. 

The  petition  for  discharge  shall  be  in  the  form  prescribed  by  the  general  orders 
of  the  Supreme  Court  of  the  United  States  in  Bankruptcy  and  shall  be  verified  by  oath 
of  the  petitioner  and  filed  in  duplicate  in  the  office  of  the  United  States  District  Clerk 
where  the  case  is  pending.  Upon  the  filing  of  a  petition  in  proper  form  for  discharge 
the  Clerk  shall  forthwith  mail  the  duplicate  thereof  to  the  Referee  to  whom  the  case 
has  been  referred.  On  receipt  of  the  petition  for  discharge  the  Referee  shall  fix  a  day 
on  or  before  which  the  creditors  or  other  parties  in  interest  may  show  cause  why  the 
petition  sliould  not  be  granted.  The  Referee  shall  give  at  least  thirty  days'  notice  to 
all  creditors  as  required  by  law,  in  which  shall  be  stated  that  if  the  creditors  or  other 
parties  in  interest  propose  to  show  cause  why  the  discharge  should  not  be  granted,  they 
must,  on  or  before  the  day  fixed  by  him,  as  aforesaid  to  show  cause,  file  Avith  him  their 
appearance,  as  provided  in  General  Rule  XXXII  of  the  Supreme  Court  of  the  United 
States  in  Bankruptcy.  The  Referee  shall  also  cause  a  like  notice  to  be  published  at 
least  once  in  the  newspaper  designated  by  the  court,  in  the  county  of  the  bankrupt's 
residence,  for  that  pm-pose,  at  least  one  week  before  the  day  on  which  the  creditors 
are  required  to  appear  and  show  cause. 

RULE  XLI. 

If  no  opposition  to  a  petition  is  filed  with  the  Referee  on  or  before  the  day  named 
in  the  notice  to  the  creditors,  or,  if  filed  and  no  specifications  in  support  thereof  are 
filed  before  him  within  thirty  days  allowed  as  pro\idcd  in  General  Order  XXXII  of  the 
Supreme  Court  of  the  United  States,  the  Referee  shall,  unless  the  Judge  directs  other- 
wise, forthwith  mail  to  the  Clerk  of  this  court  at  Dallas  the  petition  for  discharge  with 
his  certificate  showing  that  due  notice  of  the  filing  thereof  has  been  mailed  to  the 
creditors  and  also  has  been  published  as  directed,  that  no  opposition  has  been  filed 
by  any  one,  stating  the  amount  of  unpaid  costs  and  expenses  in  said  cause,  if  any.  and 
also  whether  the  bankrupt  has  or  has  not  complied  witli  the  Bankrupt  Act  so  far  as 
to  him  known.  The  petition  for  discharge  will  then  stand  for  hearing  before  the  Judge 
without  further  notice  to  the  parties. 


RULES  IN  NORTHERN  DISTRICT  OP^  TEXAS.  847 

RULE  XLII. 

If  opposition  to  the  petition  for  discharge  is  filed  on  or  before  the  day  fixed  bv 
the  Referee,  he  shall,  unless  the  Judge  directs  otherwise,  proceed  to  hear  the  same  and 
report  the  facts  together  with  his  findings  thereon.  Accompanying  his  report  shall  be 
the  duplicate  petition  for  discharge,  all  pleadings  and  depositions  considered  by  the 
Referee,  together  with  a  statement  of  all  costs,  paid  and  to  be  paid,  by  any  party  in 
the  proceeding.  After  the  certificate  has  remained  on  file  at  least  ten  days  tlie  Clerk 
will  notify  the  bankrupt  and  all  contesting  creditors  or  their  attorneys  of  record  by  mail 
of  the  time  and  place  fixed  for  the  hearing. 

RULE  XLin. 

When  a  discharge  is  granted  in  a  case  pending  in  any  other  division  of  the  district 
than  the  Dallas  division  the  Clerk  at  Dallas  shall  transmit  as  soon  as  may  be,  the  order 
of  discharge  together  with  all  papers  pertaining  to  the  same  to  the  Clerk  of  the  division 
where  the  suit  was  originally  instituted.  The  order  of  discharge  shall  be  duly  recorded 
by  the  Clerk  thus  receiving  same  and  shall  be  kept  among  the  other  papers  in  the  case. 

RULE  XLIV. 

Before  a  discharge  is  granted  if  it  appears  that  the  estate  is  not  ready  to  be  closed 
the  bankrupt  may  be  required  to  deposit  a  sufficient  sum  of  money  with  the  Referee  to 
meet  the  costs  that  may  thereafter  accrue  which  are  properly  chargeable  against  him, 
the  same  to  be  refunded  to  him  out  of  the  estate  if  sufficient  funds  come  into  the 
possession  of  the  court  for  that  purpose,  by  an  order  of  the  Referee;  upon  the  receipt 
of  any  petition  for  discharge  by  the  Referee  to  which  there  is  opposition  by  creditors  the 
Referee  shall  require  each  party  to  deposit  with  him  sufficient  money  to  defray  the 
costs  thereof. 

RULE  XLV. 

If,  after  notice  of  final  meeting  of  creditors  to  pass  on  the  trustee's  final  report 
and  account,  some  of  the  creditors  appear  and  file  exceptions  to  the  same,  the  final 
account  of  the  trustee  shall  stand  as  approved  by  the  referee  and  the  trustee  be  dis- 
charged by  proper  order  of  the  referee. 

RULE  XL VI. 

The  filing  fees  of  the  Referee  and  Trustee  shall  be  paid  by  the  Clerk  upon  receiving 
the  Referee's  certificate  that  the  case  has  been  closed  or  dismissed.  The  commissions 
of  the  Referee  shall  be  paid  by  the  Trustee  when  the  Trustee  is  entitled  to  his  com- 
missions for  disbursements,  as  provided  in  section  40  as  amended  by  the  Act  of  1910, 
and  the  fees  for  filing  fees  shall  be  due  and  payable  when  such  claims  have  been  allowed 
or  disallowed  by  the  Referee  and  when  there  are  sufficient  funds  belonging  to  the  estate 
available  for  that  purpose.  The  Clerk  shall  be  entitled  to  his  filing  fee  immediately 
upon  the  filing  of  the  petition  in  the  case.  "Wliere  there  are  no  assets  and  no  Trustee 
has  been  appointed,  in  accordance  with  general  order  15,  the  case  shall  be  deemed  closed 
for  the  purpose  of  payment  of  the  filing  fees  of  the  Referee  and  Trustee  when  a  dis- 
charge has  been  granted  or  refused  the  bankrupt  or  a  composition  has  been  confirm.ed. 
If  no  application  for  a  discharge  has  been  made  the  case  will  be  deemed  closed  for  the 
purpose  of  said  fees  at  the  expiration  of  two  months  from  the  date  of  adjudication. 

RULE  XL VII. 

Offers  of  composition  in  a  bankruptcy  case  must  comply  with  the  law  and  forms 
and  upon  being  filed  with  the  Clerk  shall  be  at  once  referred  by  him  to  the  proper 
Refere?.     The  Referee  shall,  if  he  deems  proper,  call  a  special  meeting  of  creditors  and 


848  RULES  IN  NORTHERN  DISTRICT  OF  TEXAS. 

give  notice  thereof  to  each  creditor  and  if  said  offer  be  accepted  in  the  manner  pre- 
scribed by  section  XII,  subdivision  B,  the  Referee  shall  make  an  estimate  of  the  con- 
sideration to  be  paid  by  the  bankrupt  to  his  creditors,  the  money  necessary  to  pay  all 
debts  entitled  to  priority  and  the  costs  of  the  proceeding  and  require  the  deposit  thereof 
in  the  designated  depository  subject  to  the  order  and  to  the  credit  of  the  Judge.  AVhen 
the  deposit  has  been  so  made  the  bankrupt  may  file  in  the  Clerk's  office  his  motion  to 
confirm  said  composition,  in  duplicate,  the  duplicate  of  which  shall  be  immediately 
referred  to  the  Referee  who  shall  immediately  give  statutory  notice  thereof,  in  con- 
formity with  the  provisions  of  General  Order  XXXII  of  the  Supreme  Court.  If  there 
be  no  appearance  in  opposition  to  the  confirmation  of  the  composition  the  Referee  shall 
report  that  fact  and  keeping  in  view  the  provisions  of  Clause  D  of  section  XXII,  he 
shall  further  report  his  recommendations  thereon  to  the  Judge.  If  any  creditors  appear 
in  opposition  to  the  composition  and  file  specifications  thereof,  as  provided  by  said 
General  Order,  the  Referee  shall  proceed  to  hear  the  same  and  file  his  report  containing 
his  conclusions  and  recommendation  accompanied  by  the  pleadings  and  the  evidence 
submitted  to  him  upon  such  hearing  and  his  certificate  that  the  notices,  wherever 
required,  have  been  given  as  required  by  the  Bankrupt  Act  and  the  rules  of  this  court. 

RULE  XLVIII. 

All  reports  of  Referee  shall  remain  on  file  in  the  Clerk's  office  at  least  five  days 
before  they  will  be  taken  up  and  considered  by  the  Judge. 

RULE  XLIX. 

The  order  confirming  a  composition  shall  be  in  the  form  prescribed  by  the  General 
Orders  of  the  Supreme  Court  of  the  United  States  Form  No.  103,  and  shall  be  entered 
of  record  in  the  office  of  the  Clerk  of  the  proper  division  and  a  certified  copy  thereot 
delivered  to  the  depository  will  be  sufficient  authority  for  it  to  transfer  the  funds 
deposited  to  the  credit  of  the  Judge  to  the  Trustee  or  other  officer  designated  for  the 
distribution  of  the  consideration. 

RULE  L. 
Distribution  of  Deposit. 

Upon  the  confirmation  of  a  composition  the  Clerk  shall  notify  the  Referee  who  shall 
then  cause  to  be  prepared  checks  or  warrants  to  be  signed  by  the  Trustee  and  counter- 
signed by  the  Referee  in  the  same  manner  as  is  usual  in  the  administration  of  bank- 
ruptcy estates  where  dividends  are  declared  and  paid. 

(Note. —  The  foregoing  rules  as  to  compositions  shall  not  be  intended  to  direct  or 
control  the  proceedings  in  cases  where  ofi'ers  of  composition  are  made  before  adjudica- 
tion but  such  cases  shall  be  controlled  by  such  orders  as  the  court  may  make  in  that 
behalf.) 

RULE  LI. 
Notice  of  Receiver's  and  Trustee's  Commissions. 
Ten  days'  notice  shall  be  given  of  all  applications  of  receivers  and  trustees  !;o  be 
allowed  their  commissions  but  no  notice  shall  be  necessary  in  cases  wliere  the  applica- 
tion shows  that  the  maximum  commissions  of  such  officers  will  not  exceed  fifty  dollars. 

RULE  LII. 

Return  of  Filing  Fees. 
Fees  deposited  by  the  petitioner  in  involuntary  cases  or  by  others  than  the  bank- 
rupt him.sclf  in  voluntary  cases  shall  be  returned  by  the  trustees  in  all  cases  where 
sufficient  funds  for  such  purpose  come  into  the  hands  of  the  trustee. 


RULES  IN  NORTHERN  DISTRICT  OF  TEXAS.  849 

RULE  Lin. 

Whenever  the  office  of  a  Referee  is  vacant  or  its  occupant  is  absent  or  disqualified 
and  the  Judge  is  absent  from  the  judicial  district,  the  Referee  holding  an  appointment 
under  this  court  whose  office  is  nearest  and  most  convenient  to  the  district  of  such 
absent  or  disqualified  Referee  shall  temporarily  fill  the  vacancy  unless  he  himself  is 
absent  or  disqualified,  in  which  case  any  other  Referee  may  temporarily  fill  the  vacancy. 
The  court  will  apportion  the  fees  and  expenses  of  the  Referees  in  such  cases  upon 
proper  application. 

The  foregoing  rules  of  practice  in  the  United  States  District  Court  for  the  Northern 
District  of  Texas,  Fifth  Circuit,  are  hereby  adopted,  and  all  rules  and  orders  in  conflict 
herewith  are  hereby  rescinded. 

This  December  15,  1914. 


NORTHERN  DISTRICT  OF  ALABAMA. 


It  is  hereby  ordered  that  the  following  Kules  of  Practice  in  Bankruptcy  be  and 
hereby  are  adopted  as  the  Rules  of  this  Court,  to  become  efl'ective  July  1,  1916. 

It  is  further  ordered  that  all  existing  Rules  of  Practice  in  Bankruptcy  not  hereby 
adopted  be  and  and  the  same  will  become  void  and  of  no  effect  on  and  after  the  30th 
day  of  June,  1916. 

It  is  further  ordered  that  the  Clerk  will  enter  these  Rules  on  the  ^Minute  Book  of 
the  Court. 

W .  I.  GRUBB,  Judge. 
May  27,  1916. 

RULE  I. 
Forms  of  Petitions  and  Schedules. 

All  petitions  must  be  either  printed  or  typewritten,  and  shall  show  the  full  address 
of  the  bankrupt,  including  street  and  number.  The  schedules  attached  must  be  in 
single  sheets  of  ordinary  legal  cap  size.  Schedule  "A"'  must  show,  either  in  legible 
manuscript,  or  typewriting,  the  names  of  the  creditors  alphabetically  arranged,  their 
addresses,  the  character  and  consideration  of  the  debt,  placed  in  separate  ruled 
columns,  the  amounts  of  the  debts  being  carried  out  in  a  column  properly  ruled,  the 
columns  of  debts  footed  up,  and  the  totals  carried  forward.  For  disregard  of  this 
rule  allowance  of  compensation  to  the  attorney  for  the  bankrupt  for  preparing  and 
tiling  schedules  may  be  refused. 

RULE  n. 
Schedules  in  Involuntary  Cases  Referred  to  Referees. 

In  involuntary  cases  referred  by  the  clerk  to  the  referee,  the  referee  shall,  if  tlie 
bankrupt  fails  within  the  time  prescribed  by  law  to  hie  his  schedules,  as  soon  as 
practicable,  make  an  order  and  cause  a  copy  thereof  to  be  mailed  to,  or  personally 
served  upon  the  bankrupt,  to  file  in  the  court  by  a  day  named  in  said  order,  schedules 
in  triplicate,  under  oath,  and  in  the  form  hereinbefore  prescribed,  of  all  his  creditors, 
giving  their  names,  addresses,  the  amount  due  each,  the  consideration  of  the  debt,  and 
what  security,  if  any,  is  held  for  the  same;  also  a  full  and  complete  schedule  of  all 
his  assets,  showing  the  character,  condition  and  location,  and  estimated  value  of  each 
item;  and  in  case  such  bankrupt  be  a  corporation,  such  notice  shall  be  directed  to,  or 
served  upon  the  secretary  or  treasurer  thereof,  or  upon  such  officer,  agent  or  employee 
as  shall  have  charge,  or  have  had  charge  of  the  books  of  account  of  the  corporation. 

RULE  III. 
Proceedings  Upon  Petitions  in  Forma  Pauperis. 
W  lien  the  petition  of  a  proposed  A'oluntary  bankrupt,  accompanied  by  an  affidavit 
averring  that  the  petitioner  is  without  and  cannot  obtain  the  money  with  which  to  pay 
the  hling  fees  required  by  the  Act  and  the  Tliree  Dollars  ($3)  provided  for  by  these 
rules,  is  offered  for  file,  the  clerk  may,  \inder  oath,  examine  the  petitioner,  or  his 
attorney,  or  both,  touching  the  facts  set  forth  in  said  affidavit.  If  from  such  examina- 
tion it  appears  that  the  petitioner  has,  or  can  obtain  the  money  with  which  to  pay 
said  filing  fees,  the  clerk  shall  not  be  required  to  file  the  said  petition  unless  ordered 
to  do  so  by  the  court,  or  upon  the  payment  of  the  fees,  or  unless  a  satisfactory 
arrangement  with  the  court  acting  through  the  referee  is  made  for  future  payment  of 
such   fees  and   expenses. 

[S.50] 


RULES  IN  NORTHERN  DISTRICT  OF  ALABAMA.  851 

RULE  IV. 
Reference  of  Cases, 
In  the  Southern  Division  of  the  Northern  District  of  Alabama,  the  clerk  in 
making  distribution  between  the  referees  of  cases  filed  shall  classify  separately  all 
involuntary  cases  and  all  voluntary  cases  in  whicli  tlie  bankrupt  schedules  assets  in 
excess  of  the  amounts  which  he  could  claim  as  exempt  under  the  laws  of  Alabama,  on 
the  one  hand,  and  all  voluntary  cases  in  whicli  the  assets  scheduled  by  the  bankrupt 
are  equal  to  or  less  than  the  amount  of  his  exemptions,  on  the  other  hand.  The  cases  so 
filed  of  the  first  class  shall  be  referred  to  each  of  the  referees  alternately,  and  the 
cases  so  filed  of  the  second  class  shall  be  separately  referred  alternately  to  each  of  the 
referees  by  the  clerk,  upon  filingi. 

RULE  V. 
Jurisdiction  of  Referee  on  Referred  Cases. 
Whenever  a  case  shall  be  referred  to  a  referee,  either  by  special  order  of  the  Judge, 
or  by  the  certificate  of  the  clerk,  the  same  shall  be  considered  and  treated  as  before  and 
within  the  jurisdiction  of  the  referee  for  all  purposes,  proceedings  and  orders  that  may 
be  necessary  or  required  in  the  case,  including  the  appointment  of  receivers,  and  the 
granting  of  restraining  orders,  but  excepting  orders  confirming  compositions  and 
granting  discharges,  as  to  which  the  jurisdiction  of  the  Judge  is  exclusive. 

RULE  VI. 
Notice  to  Creditors. 

The  referee  shall  cause  notice  of  the  first  meeting  of  creditors  to  be  published  at 
least  once,  and  mailed  to  each  creditor  as  scheduled,  at  the  place  of  residence  as  given 
in  the  schedule;  and  of  all  subsequent  proceedings  and  hearings  in  the  cause,  as  to 
which  notice  is  required  by  the  Act,  or  the  rules  of  practice  of  this  court,  he  shall 
cause  notice  to  be  mailed  to  each  of  the  creditors  as  provided  by  law,  or  to  their 
attorneys  of  record.  When  tlie  length  of  time  of  notice  is  not  prescribed  by  the  Act 
or  by  any  rule,  the  referee  shall  in  his  order  fix  such  time  as  in  his  judgment  shall 
seem  best.  The  certificate  of  the  referee  filed  with  his  record  shall,  in  all  cases  and 
for  all  purposes,  be  evidence  that  notice  has  been  published  and  mailed  as  required 
by  the  Act,  the  rules,  or  the  order  of  the  court. 

RULE  VII. 

Place   of  Meetings. 
When    from    an   inspection    of   the    schedules    filed,    or    otherwise,    it    is   made   to 
appear  to  the  referee  that  it  will  be  most  convenient  for  the  parties  in  interest,  the 
referee  shall  appoint  the  meetings  of  creditors  to  be  held  at  the  office  of  the  referee, 
or  at  such  other  convenient  place  as  he  may  select. 

RULE  VIIL 
Setting  Off  Exemptions. 

It  shall  be  the  duty  of  the  referee,  as  soon  as  practicable  after  the  adjudication, 
to  set  ofi"  and  allow  as  exempt  to  the  bankrupt  the  property  claimed  by  him,  if  the 
same  is  exempt  as  prescribed  by  the  Act,  whenever  no  trustee  has  been  appointed,  or 
when  it  appears  from  the  condition  and  character  of  the  estate  that  there  will  be  no 
other  duty  for  a  trustee  to  perform  other  than  the  collection  and  receipt  of  the  property 
claimed  as  exempt,  and  the  setting  apart  of  the  same  to  the  bankrupt. 

The  claim  of  the  bankrupt  for  such  exemptions  shall  be  contained  in  his  scliedules 
as  prescribed  by  subdivision  8  of  section  7  of  the  Act;  and.  if  not  so  ccmtained,  the 
bankrupt  shall  not  claim  exemptions  as  matter  of  right. 


852  RULES  IN  NORTHERN  DISTRICT  OF  ALABAMA. 

RULE  IX. 
Rule  Nisi  Touching  Assets  in  Possession  of  Third  Person. 
Whenever  it  shall  be  made  to  appear  to  the  referee  that  any  jiroperty  belonging  to 
the  estate  of  an  adjudged  bankrupt  is  in  the  possession  or  under  the  control  of  any  per- 
son other  tlian  the  bankrupt,  it  shall  be  his  duty  to  issue  an  order  directed  to  such  per- 
son or  persons  commanding  them  to  appear  before  him  on  a  day  to  be  named  and  show 
cause,  if  any  there  be,  why  such  property  should  not  be  surrendered  to  the  bankrupt 
court,  or  to  its  receiver  or  trustee,  in  case  a  receiver  or  trustee  has  been  appointed;  and 
in  the  event  it  shall  appear  that  the  property  in  question  is  property  belonging  to  the 
estate  of  the  bankrupt,  and  which  the  court  has  jurisdiction  to  administer,  he  shall 
order  such  person  to  surrender  the  same,  and  he  may  also  order  a  writ  of  seizure 
to  issue  by  the  clerk  under  the  seal  of  the  court  in  the  usual  form  directed  to  the 
marshal  of  the  district  in  which  the  property  is  situate  commanding  him  to  take 
possession  of  such  property,  and  hold  the  same  subject  to  the  orders  of  the  court,  or 
he  may  order  the  receiver  or  trustee  as  the  case  may  be  to  take  possession. 

RULE  X. 
Enforcement  of  Orders. 

(a)  Where  a  final  order  of  court  made  by  the  Judge  or  a  referee  is  a  fixed 
liability  to  pay  a  certain  sum  or  sums  of  money,  or  to  do  a  certain  defined  act  or  acts, 
satisfaction  or  enforcement  may  also  be  compelled  by  the  ordinary  process  of  execution, 
writ  of  assistance  and  of  sequestration  and  other  court  process. 

(b)  JSlo  payment  by  way  of  dividend,  allowance,  or  other  distributive  share  of  an 
estate  in  bankj-uptcy,  or  delivery  to  a  bankrupt  of  his  exemptions,  shall  be  made,  if 
the  person  or  party  to  whom  payment  or  delivery  otherwise  should  ^be  made  is  in 
default  with,  or  liable  to,  the  estate  in  bankruptcy,  until  such  default  or  liability  is 
discharged.  Such  dividend,  allowance  or  distributive  share  shall  be  applied  by  the 
court  to,  or  towards,  discharging  such  liability,  and  only  the  excess  over  be  paid  to  such 
person  or  party. 

(c)  Property  allowed  to  a  bankrupt  as  exempt  shall  bear  the  necessary  expense 
of  its  protection  and  preservation,  and,  if  such  expenses  are  not  paid  by  the  bankrupt, 
so  much  thereof  may  be  sold  under  order  of  court  as  shall  be  suflScient  to  pay  such 
expense  and  the  expense  of  selling. 

RULE  XI. 

Service  of  Notices  and  Orders  Issued  by  Referee. 

The  rei'eree  may  designate  any  person  to  serve  any  order  or  notice  issued  by  him, 

and  the   return   of   service   by   the   person    so   designated,   properly   verified,   shall    be 

deemed   and  treated  as  sufficient   service  to   support  any  subsequent  action   or  orders 

predicated    thereon. 

RULE  XII. 
Proceedings  on  Review  From  Referee. 
In  all  cases  in  which  a  review  is  allowed  by  the  Bankrupt  Act  to  the  District 
Judge  from  any  decision  or  ruling  of  the  referee,  the  party  seeking  the  appeal  must 
within  five  days  after  the  ruling  or  decision,  file  in  writing  with  the  referee  his 
petition  for  review,  and  thereupon  it  shall  be  the  duty  of  the  referee,  if  in  his 
opinion  a  review  is  authorized  by  the  Act,  to  certify  the  review  to  the  Judge  as  pro- 
vided by  the  Act  and  General  Orders;  but  if  the  referee  shall  be  of  the  opinion  that 
no  review  is  authorized  by  the  Act,  he  shall  so  endorse  upon  the  petition  therefor,  and 
the  party  to  the  petition  may  apply  to  the  Judge  in  Chambers  within  ten  days  for  a 
writ  or  order  in  the  nature  of  a  certiorari  to  the  referee.  A  review  shaJl  not  operate 
as  supersedeas  unless  so  ordered  by  the  referee  or  the  Judge,  and  bond  may  be  required 
if  supersedeas  is  ordered. 


RULES  IN  NORTHERN  DISTRICT  OF  ALABAMA.  853 

RULE  XIII. 

Bonds  of  Receivers  and  Trustees. 

All  bonds  of  receivers  and  trustees  shall  be  kept  on  file  in  the  office  of  the  clerk 

of  the  court.      When  such  bonds  are  approved  by  referees,   they  shall  be  transmitted 

forthwith  to  the  clerk  of  the  court  who  shall  file  the  same  and  enter  a  record  thereof  in 

the  bankruptcy  dockets. 

RULE  XIV. 
Depositors. 

Banking  institutions  as  depositors  for  moneys  of  bankruptcy  estates  shall  be 
designated  by  orders  entered  for  that  purpose,  and  the  clerk  shall  keep  a  list  of  author- 
ized depositories  open  to  the  inspection  of  the  public  and  shall  furnish  a  copy  thereof 
to  each  referee  in  the  district. 

RULE  XV. 
Deposits  of  Receivers  and  Trustees. 
Referees,    receivers    and    trustees    shall    deposit    all    moneys    coming    into    their 
possession  in  designated  depositories  to  their  credit  as  follows: 

" Referee,    Receiver    or    Trustee 

{Name  of  Referee,  Receiver  or  Trustee) 

of    Bankruptcy  No " 

(Same  of  Bankrupt) 

Receivers  and  trustees,  upon  the  selection  of  a  depository,  shall  in  each  case 
advise  the  referee  in  charge  thereof  of  the  name  of  such  depository  and  shall  also  state 
in  each  report  the  name  of  the  depository  or  depositories  in  which  balances  in  their 
possession  are  on  deposit. 

RULE  XVI. 
Checks. 

The  referee  before  whom  a  case  is  pending  is  designated  as  the  one  to  counter- 
sign all  warrants  and  checks  for  the  withdrawal  of  money  from  the  depository  under 
rule  XXIX  of  the  General  Orders,  unless  otherwise  specifically  ordered  by  the  Judge. 
The  referee  shall,  except  as  to  checks  issued  in  conducting  the  business  of  the  bankrupt, 
verify  the  correctness  of  all  checks  as  to  names  and  amounts  before  countersigning 
the  same,  and  shall  mail  all  checks  countersigned  direct  to  payees  or  attorneys  author- 
ized to  receive  the  same.  Before  dividend  checks  are  mailed,  the  referee  shall  enter, 
or  cause  to  be  entered,  the  amounts  and  dates  of  pajTnent  thereof  in  the  proper 
columns  of  the  claim  docket. 

RULE  XVIL 
Payment  of  Filing  Fees  by   Trustee. 

The  trustee,  in  any  case  where  he  has  money  belonging  to  the  bankruptcy  estate, 
sufficient  to  pay  the  whole  or  part  of  the  filing  fees  and  other  costs  taxed  in  the 
clerk's  office,  may  be  ordered  forthwith  to  deposit  such  money  witli  the  clerk  of  the 
court,  to  be  by  him  applied  to  the  payment  of  such  fees  and  costs  in  the  case. 

RULE  XVIII. 
Payment  of  Referees'  Fees. 
The  fee  of  Fifteen  Dollars  ( SIS. 00)  provided  by  Section  40  of  the  Act  of  Congress 
relating  to  bankruptcies  shall  not  be  payable  to  the  referee  unless  there  is  a  general 
reference,  or  some  question  relating  to  the  estate,  or  composition,  or  discliarge  is 
referred  to  the  referee.  The  fee  of  fifteen  Dollars  ($15.00)  for  the  referee  prescribed 
in  said  Section  40  shall  be  payable  within  ten  (10)  days  after  each  case  has  been 
closed ;    and   for   such  ])urpose  a  case  shall   be   considered   as  closed  when   an   order    is 


854  KULES  IN  NORTHERN  DISTRICT  OF  ALABAMA. 

made  that  no  trustee  be  appointed,  as  prescribed  by  General  Orders  in  bankruptcy 
XV  of  the  Supreme  Court  of  the  United  States,  and  in  cases  of  composition  when  the 
composition  is  confirmed  and  the  case  dismissed  according  to  Section  12e  of  said  Act. 

RULE  XIX. 
Deposit  for  Publishing  Notices  and  for  Other  Expenses. 

Upon  the  filing  of  a  petition  in  bankruptcy,  the  bankrupt  shall  deposit  $3.00  witn 
the  clerk  or  the  referee,  as  indemnity  for  tlie  cost  of  publishing  notices,  clerical  hire, 
stationery  and  other  expenses  necessarily  incurred  by  the  referee,  and  the  receipt  of 
such  deposit  shall  be  accounted  for  by  the  referee  in  the  manner  set  forth  in  rule  XX. 

RULE  XX. 

Accounts  of  Referees. 

Every  referee  shall  keep  in  a  well-bound  book  suitable  for  the  purpose  an  itemized 
Recount  showing  all  expenses  necessarily  incurred,  by  him  for  clerk  hire,  in  publish- 
ing or  mailing  notices,  in  traveling,  in  perpetuating  testimony,  or  other  expense 
necessarily  incurred  in  the  performance  of  his  duties.  Such  account  shall  also  show 
all  amounts  received  by  the  referee  by  way  of  reimbursement  for  such  expenses, 
including  the  deposit  of  $3.00  in  each  case  provided  for  in  rule  XIX. 

On  the  first  Tuesday  in  each  month  every  referee  shall  submit  to  the  Judge 
an  itemized  statement  under  oath  of  all  amounts  received  for  expenses  and  all  dis- 
bursements made  on  account  thereof  during  the  preceding  month. 

RULE  XXL 
Costs  in  Hearings  Before   Referees. 

On  hearings  before  the  referees,  unless  otherwise  ordered,  the  unsuccessful  party 
litigant  must  pay  the  costs  and  expenses  of  such  proceedings,  and  execution  may 
issue  for  such  costs. 

On  hearings  before  referees  the  unsuccessful  party  must  pay  the  costs  and  expenses 
of  the  proceedings  taxed  against  him,  and  deposit  with  the  referee  not  less  than  the 
sum  of  Seven  and  50/100  Dollars,  before  the  referee  is  required  to  file  or  allow  a 
petition  for  review.  In  the  event  the  cost  and  expenses  of  the  proceedings  and  the 
making  of  the  certificate  shall  exceed  the  sum  of  Seven  and  50/100  Dollars,  then  the 
petitioner  for  review  must  deposit  a  sufficient  sum  with  the  referee  to  cover  the  costs 
and  expenses  and  the  estimated  cost  of  the  review. 

RULE  XXII. 
Commissions  of  Referees  and  Trustees. 
The  commission  of  referees  shall  be  based  on  tlie  amount  of  moneys  disbursed  to 
creditors,  and  the  maximum  allowance  to  trustees  for  commission  shall  be  based  on 
all  moneys  disbursed  or  turned  over  to  any  person,  including  lien  holders,  as  is 
provided  by  the  Bankruptcy  Act.  Such  commissions  of  the  referee  and  trustee  shall 
not  be  payable  in  full  until  the  order  of  final  distribution  has  been  made  by  the 
referee.  Partial  payments,  however,  may  be  made  on  such  commissions  during  the 
course  of  administration,  but  in  no  instance  shall  such  payments  exceed  the  amount 
of  commission  that  has  accrued  on  the  total  amount  of  moneys  actually  disbursed  or 
payments  actually  made. 

RULE  XXIII. 

Receivers'  Reports  and  Accounts. 
Immediately  upon   the   appointment  and  qualification  of  a  trustee,  the  receiver 
shall  turn  over  to  said  trustee  all  the  money  and  property  in  the  receiver's  possession. 


RULES  IN  NORTHERN  DISTRICT  OF  ALABAMA.  855 

taking  the  trustee's  receipt  tlieret'or.  The  I'eceiver  shall  hie  his  report  and  account 
within  ten  days  after  the  election  of  the  trustee,  unless  such  time  be  extended  by  the 
Judge  or  referee  upon  proper  application  and  showing. 

RULE  XXIV. 

Reports  and  Accounts  of  Trustees. 

Every  trustee  shall  tile  with  his  hnal  report  an  account  duly  veriHed  showing  in 
detail  the  amount  of  money  received  by  him  as  trustee,  the  amount  disbursed  and  on 
what  account  disbursed,  and  the  amount  of  funds  remaining  in  his  possession.  Upon 
the  filing  of  such  final  report  and  account,  the  referee  shall  call  a  final  meeting  of 
creditors  upon  a  day  to  be  named  by  him  not  less  than  ten  days  after  the  day  on  which 
said  report  and  account  are  filed.  At  such  final  meeting  of  creditors  the  referee  shall 
audit  the  account  of  the  trustee,  and  shall  enter  an  order  approving  the  same,  if  it  is 
found  to  be  correct.  At  said  final  meeting  the  referee  shall  also  pass  upon  all  petitions 
for  fees  and  allowances  and  shall  order  the  final  distribution  of  all  funds  in  the  hands 
of  the  trustee.  Such  funds  shall  be  disbursed  in  open  court  at  such  final  meeting  or 
forthwith  thereafter. 

After  all  funds  have  been  disbursed  by  tlie  trustee  in  accordance  w^ith  the  orders 
of  the  referee,  the  trustee,  unless  final  distribution  was  made  in  open  court  as  above 
provided,  shall  file  a  supplemental  report,  and  if  it  appears  that  the  trustee  has 
fairly  and  honestly  administered  said  estate  and  duly  accounted  for  all  property  or 
money  coming  to  bis  handc  in  accordance  with  law,  the  referee  shall  enter  an  order 
discharging  the  trustee  from  his  trust. 

RULE  XXV. 
Referees'  Dockets  and  Record  Books. 

Every  referee  shall  keep  a  docket  with  a  suitable  index,  in  which  shall  be 
entered  by  cases  the  names  of  creditors  and  their  attorneys,  amounts  scheduled, 
amounts  claimed,  dates  on  which  claims  are  filed,  amounts  allowed,  and  amounts  of 
dividends  declared  and  dates  of  payment  thereof. 

Every  referee  shall  also  keep  a  docket,  separate  and  distinct  from  that  above 
mentioned,  in  which  shall  be  entered  the  dates  and  character  of  all  papers  filed,  all 
orders  made,  the  dates  and  purposes  of  all  meetings  of  creditors,  and  a  record  of  all 
other  proceedings  before  the  referee.  At  the  close  of  each  case  the  referee  shall  prepare 
a  transcript  of  the  entries  in  this  docket  to  which  shall  be  attached  all  orders  and  the 
papers  relating  thereto  and  dividend  sheets,  arranged  in  chronological  order  and  fol- 
lowed by  a  certificate  that  the  case  is  closed,  and  the  same  shall  be  securely  fastened 
between  suitable  covers.  Such  papers  shall  constitute  the  record  book  of  the  referee 
provided  for  in  Section  42-a  of  the  Bankruptcy  Act,  and  the  same  shall  be  forthwith 
filed  with  the  clerk  of  the  court  together  with  all  papers  on  file  in  the  referee's  office. 

RULE  XXVI. 

Files  of  the  Clerk's  Office. 

No  order  signed  by  the  Judge  shall  be  delivered  or  transmitted  to  a  referee, 
attorney,  or  other  person,  until  the  same  has  been  filed  and  recorded  in  the  office  of 
the  clerk  of  the  court.  However,  if  the  Judge  deems  it  advisable,  an  order  may  be 
made  in  duplicate  and  the  duplicate  delivered  or  mailed  to  the  referee  having  charge 
of  the  case,  pending  the  filing  and  recording  of  the  original  order. 

No  attorney  or  other  person  shall  take  or  carry  away  from  the  clerk's  office  files 
in  any  case  or  any  order  or  paper  belonging  to  the  same  without  having  obtained 
permission  of  the  Judge,  or  the  clerk  by  his  direction,  and  when  the  files  in  any  case  or 
any  order  or  other  paper  belonging  thereto  are  taken  under  such  permission,  a  card 


856  RULES  IN  NORTHERN  DISTRICT  OF  ALABAMA. 

shall  be  placed  in  the  lile  box  by  the  clerk  of  the  court  showing  the  date  on  which 
the  tiles  or  portions  thereof  were  removed  and  the  name  of  the  person  to  whom  the 
same  were  delivered. 

RULE  XXVII. 
Attorneys  and  Fees  of  Receivers  and  Trustees. 

(a)  No  receiver  or  trustee  shall  employ  an  attorney  without  having  obtained 
authority  by  written  order  from  the  Judge  or  referee  upon  written  application  setting 
forth  the  necessity  for  such  employment.  Petitions  for  the  allowance  of  attorneys' 
fees  shall  show  in  detail  the  amount  and  character  of  all  services  performed,  and  no 
attorney  for  a  receiver  or  trustee  shall  be  allowed  compensation  out  of  the  assets  of 
the  estate  for  services  other  than  for  such  as  are  reasonably  necessary  and  of  a 
strictly  legal  character. 

(b)  But  one  attorney's  fee  shall  be  allowed  for  representing  the  petitioning^ 
creditors;  but  one  attorney's  fee  shall  be  allowed  for  representing  the  receiver  or 
receivers;  but  one  attorney's  fee  shall  be  allowed  for  representing  the  trustee  or 
trustees,  and  but  one  attorney's  fee  shall  be  allowed  for  representing  the  bankrupt, 
and  in  each  case  such  attorney's  fees  shall  be  for  all  services  rendered  by  attorneys 
throughout  the  proceedings;  and  if  any  dispute  arises  between  attorneys  as  to  the 
distribution  among  themselves  as  to  such  fees,  the  matter  shall  be  heard  by  the 
referee  or  the  Judge  and  the  apportionment  as  between  themselves  determined, 
provided  temporary  allowances  may  be  made  from  time  to  time  not  to  exceed  the 
total  fee  which  may  be  finally  allowed. 

(c)  No  allowance  of  any  such  fees  for  or  on  account  of  attorneys'  ser\'ices,  or  to  a 
receiver  or  trustee,  in  a  sum  greater  than  one  hundred  dollars  for  his  entire  services 
shall  be  made  or  paid,  except  upon  written  approval  of  the  Judge. 

RULE  XXVIII. 
Notice  to  Bankrupt  Regarding  Applications  for  Discharge. 
In  each  case  in  which  an  application  for  discharge  has  not  been  filed,  the  clerk 
of  the  court  shall  notify  the  bankrupt  of  that  fact  30  days  before  the  expiration  of 
twelve  months  subsequent  to  the  date  of  adjudication  and  shall  advise  him  that  such 
application  can  not  be  filed  after  the  expiration  of  said  period  without  permission 
from  the  Judge.  The  bankrupt  shall  also  be  advised  in  such  notice  of  the  amount  of 
any  fees  or  costs  due  and  unpaid  in  the  case. 

RULE  XXIX. 
Proceedings  Upon  Petition  for  Discharge. 

Upon  the  filing  of  a  petition  for  discharge,  the  referee,  in  case  the  costs  and 
expenses  which  have  accrued  in  the  cause  have  been  paid,  or  otherwise  to  his  satis- 
faction provided  for,  shall  fix  a  time  for  the  hearing  of  the  same  before  the  Judge  in 
Chambers,  as  also  a  time  within  which  parties  in  interest  may  enter  appearance 
in  opposition,  and  if  no  appearance  in  opposition  shall  be  entered  within  the  time 
limited,  the  referee  shall  so  immediately  certify  to  the  Judge,  and  the  order  of 
discharge  will  issue  as  of  course;  but  if  appearance  in  opposition  be  entered  within 
the  time  limited,  and  the  specifications  are  filed  as  required  by  General  Order  XXXII, 
the  referee  will  proceed  thereafter  to  give  notice  to  the  bankrupt  and  to  all  creditors 
as  prescribed  by  law,  that  he  will  proceed  to  take  testimony  touching  the  specifi- 
cation filed,  which  notice  shall  fix  a  date  when  the  taking  of  the  testimony  shall  be 
begun.  Upon  the  completion  of  the  testimony  the  referee  shall  certify  the  same  and  his 
conclusions  of  fact  and  law  to  the  Judge  for  further  action.  For  the  purposes  of 
taking  such  testimony  and  making  such  report  all  amendable  defects  or  omissions 
in  the  specifications  shall  be  considered  as  amended;   and  the  pleadings,  to  meet  the 


RULES  IN  NORTHERN  DISTRICT  OF  ALABAMA.  857 

testimony,  shall  thereafter  be  settled  by  the  Judge  upon  the  hearing.  Provided,  bow- 
ever,  that  the  referee  shall  not  be  required  to  hold  such  reference,  and  take  such  testi- 
mony without  first  having  the  costs  for  taking  the  same,  including  the  expense  of  a 
stenographer  and  typewriter,  advanced  and  deposited  with  him.  For  good  cau^c 
shown  the  referee  may  extend  tlie  time  within  which  the  taking  of  the  testimony  shall 
be  concluded. 

As  soon  as  any  certificate  or  report  provided  for  in  this  rule  is  filed  by  a  referee, 
the  same  shall  be  laid  before  the  Judge  by  the  clerk  of  the  court. 

RULE  XXX. 
Proceedings  Upon  Proposed  Compositions. 

(a)  A  bankrupt  desiring  to  oli'er  terms  of  composition  to  his  creditors  si; oil 
express  such  desire  in  writing  and  file  it  with  the  clerk  with  the  schedule  of  his 
property  and  the  list  of  creditors  required  to  be  hied  by  bankrupts,  if  such  schedule 
and  list  shall  then  not  already  have  been  tiled.  Thereupon  the  clerk  will  refer  the 
case  to  the  referee  for  preliminary  hearing  and  report,  who  shall  give  ten  days  (10) 
notice  thereof  to  creditors  (1)  for  examination  of  the  bankrupt,  (2)  for  filing  claims, 
(3)    receiving  and  hling  his  offer  of  composition,  with  acceptances  of  creditors,    (4) 

for  filing  and  allowing  claims  not  already  allowed,  (5)  for  hearing  evidence  upon  the 
subject  of  whether  or  not  the  ofi'er  should  be  confirmed,  and  (6)  reporting  the  same 
with  his  opinion  thereon  to  the  Judge  concerning  the  ofi'er  and  whether  or  not,  in  his 
opinion,  it  should  be  confirmed,  and  the  estimated  amount  of  consideration  necessarj'^ 
to  effect  the  composition,  if  confirmed.  The  bankrupt  may  file  an  amended  ofi'er  of 
a  greater  consideration  at  such  hearing  or  before  or  at  the  hearing  for  confirmation 
before  the  Judge.  The  opinion  of  the  referee  shall  be  advisory  only,  but  it  shall  be 
his  duty  ex  mero  motu  to  investigate  with  care  and  report  all  matter,  whether 
developed  by  strict  legal  testimony  or  not,  which  might  influence  or  assist  the  Judge 
upon  tinally  hearing  the  ofi'er,  and  especially  inquire  into  and  report  upon  the  points 
of  whether  or  not  there  is  reason  to  believe  the  bankrupt  has  made  any  fraudulent 
transfer  or  is  concealing  any  assets.  Additional  testimony  may  be  offered,  by  any 
person  in  interest,  upon  the  final  hearing  before  the  Judge.  On  the  day  the  report  of 
the  referee  is  filed  with  the  clerk,  the  bankrupt  shall  tile  with  the  clerk  his  application 
for  a  confirmation,  Avhich  day  is  the  day  when  creditors  are  required  to  show  cause 
aa  provided  by  General  Order  XXXII,  of  his  offer  as  originally  made  or  as  amended. 
Thereupon  the  referee  shall  give  ten  days'  (10)  notice  that  such  application  will  be 
heard  by  the  Judge  on  a  named  day  and  hour.  Though  no  creditors  file  specifications 
of  opposition  or  make  any  objection  to  confirmation  at  or  before  the  hearing,  the 
confirmation  of  the  offer  shall  not  be  made  as  of  course;  but  the  Judge  shall  fully 
inquire  into  the  matter  and  refuse  to  confirm  unless  it  is  affirmatively  shown  to  him 
that  a  decree  of  confirmation  should  be  entered  according  to  the  provisions  of  section 
12  of  the  Act. 

(b)  If  the  ofier  be  confirmed  the  referee  shall  receive  and  distribute  the  con- 
sideration, and  the  case  shall  be  thereafter  considered  as  re-referred  to  him  for  such 
purpose  and  for  tiling  and  linally  allowing  claims,  all  of  his  orders  being  subject  to 
review  as  in  ordinary  cases.  If  the  consideration  paid  in  is  not  sufficient  to  satisfy  tl:e 
offer  as  confirmed,  the  referee  shall,  from  time  to  time,  make,  subject  to  review, 
orders  to  the  bankrupt  to  pay  in  additional  sums,  and  if  such  orders  are  not  promptly 
obeyed,  the  referee,  subject  to  review,  may  order  a  warrant  to  issue  to  the  marshal  to 
retake  the  estate  and  such  substitutes  thereof  as  may  be  found  and  hold  the  same  for 
disposition  under  orders  of  the  court.  If  any  excess  remains  after  the  composition  as 
confirmed  is  settled,  it  shall  be  returned  to  the  bankrupt. 

(c)  Although  a  creditor  be  not  shown  on  the  schedule  or  list  or  named  in  the 
proceedings,  he  may  nevertheless  tile  his  claim  for  allowance  and  participation,  but  if 


858  RULES  IN  NORTHERN  DISTRICT  OF  ALABAMA. 

he  fails  to  do  so,  his  rights,  whatever  they   be,  shall  be  such   as  if  this   subdivision 
of  this  rule  did  not  exist. 

(d)  Notwithstanding  the  confirmation  of  a  composition  and  delivery  of  the 
estate  in  bankruptcy  to  the  bankrupt,  jurisdiction  of  the  court  over  the  bankrupt  and 
of  the  estate  and  substitutes  thereof  and  of  parts  thereof  is  retained  to  perfect  and 
complete  the  composition  as  confirmed,  and  any  and  all  the  process  and  writs  issuable 
out  of  a  district  court  of  the  United  States  may  issue  to  make  completely  efl'ective 
the  composition  as  finally  confirmed. 

(e)  All  orders  of  the  court  acting  through  the  referee  shall  be  final  imless 
annulled  or  modified  on  review  taken  within  five  days  as  in  other  cases. 

(f)  When  the  consideration  is  completely  distributed  and  settlement  made 
according  to  the  confirmation,  the  referee  shall  make  report  containing  itemized 
statement  of  receipts  and  disbursements  and  file  the  same  as  in  the  office  of  the  clerk 
of  the  court. 

RULE  XXXI. 
Instructions  to  Referees. 

(a)  Referees  are  directed  to  exercise  an  active  supervision  over  trustees  to  pre- 
vent delay  in  the  settlment  of  estates.  The  provisions  of  section  47  of  the  Bankruptcy 
Act,  requiring  that  trustees  make  reports  every  two  months,  and  of  section  65, 
requiring  dividends  to  be  paid  thirty  days  after  the  adjudication,  if  there  is  sufficient 
monej'  applicable  thereto  to  pay  same,  and  thereafter  whenever  there  is  sufficient 
money  to  pay  a  dividend  of  10  per  cent.,  should  be  strictly  enforced.  If  any  trustee, 
after  due  notice  from  the  referee,  neglects  to  make  such  reports,  or  to  pay  sucTi 
dividends,  or  unreasonably  delays,  in  any  respect,  the  prompt  settlement  of  the 
estate,  the  referee  in  charge  is  directed  to  make  certificate  of  the  facts  and  upon  it  to 
issue  an  order,  returnable  before  the  Judge  on  any  motion  day,  requiring  the  trustee 
to  show  cause  why  he  should  not  be  removed. 

(b)  Referees  are  directed  to  make  a  report  to  the  court  at  the  close  of  each 
fiscal  year  of  all  asset  cases  which  have  not  been  closed  and  which  have  been  pending 
before  them  more  than  fifteen  months.  Sucli  reports  shall  contain  the  title  and 
number  of  the  case,  the  date  when  it  was  referred,  and  a  concise  statement  showing 
what  substantial  proceedings  have  been  had  in  the  case,  and  why  it  has  not  been 
closed. 


EASTERN  DISTRICT  OF  LOUISIANA. 


It  Is  Ordered  that  the  following  rules  be,  and  the  same  are  hereby,  pre- 
scribed and  adopted  as  the  rules  governing  the  practice  of  this  Court  in  bankruptcy 
proceedings: 


FIRST  NAME  OF  BANKRUPT  TO  BE  GIVEN  IN  FULL. 

In  petitions  for  adjudication  of  bankruptcy,  whether  voluntary  or  involuntary, 
the  name  of  the  bankrupt  must  be  given  in  full.  No  adjudication  of  bankruptcy 
will  be  made,  nor  other  proceedings  be  taken  by  the  Referee,  until  either  in  the 
original  petition  or  in  amendment  thereto  duly  made,  the  first  name  of  the  alleged 
bankrupt  is  set  forth  in  full,  and  not  by  initial  only. 

II. 

SCHEDULES. 

The  schedules  of  the  bankrupt,  and  any  amendment,  shall  state  the  names 
and  addresses  of  the  creditors  and  also  the  debtors  of  the  bankrupt,  in  full,  giv- 
ing street  number  as  well  as  post-office  address. 

III. 

POWERS  DELEGATED  TO  REFEREES. 

(a)  Referees  heretofore,  or  hereafter,  appointed  for  the  Eastern  District 
of  Louisiana,  are  hereby  vested  with  all  the  jurisdiction  and  powers  which,  by 
the  said  Bankruptcy  Act  and  the  General  Orders  of  the  Supreme  Court,  promul- 
gated at  the  October  term,  1898,  the  Court  or  Judge  may  delegate  to  such  Referees. 

This  general  order  shall  operate  in  lieu  of  a  special  order  in  each  case. 

(&)  Referees  may  make  rules  for  the  guidance  of  proceedings  before  them 
v.-ithin  their  respective  territorial  jurisdiction,  and  may  from  time  to  time  alter 
and  amend  the  same;  provided,  that  such  rules  shall  not  be  inconsistent  with  tbe 
provisions  of  said  Bankruptcy  Act  or  the  General  Orders  of  the  Supreme  Court, 
or  the  orders  or  rules  of  this  Court. 

IV. 

REFEREES    TO    REGULATE    EVIDENCE. 

Referees  shall  pass  and  rule  upon  all  questions  pertaining  to  the  admission  or 

[859] 


860  RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA. 

rejection  of  evidence  in  all  proceedings  before  them,  and,  if  desired,  shall  note  on 
the  record  all  objections  made  to  the  rulings  thereon;  where  testimony  is  excluded, 
they  shall,  if  requested,  note  a  brief  statement,  by  the  party  offering  the  same,  of 
the  facts  he  expects  to  prove  thereby. 

Referees  shall  limit  the  enquiry  before  them  to  relevant  and  material  matter; 
and,  in  cases  where  an  examination  is  unnecessarily  prolonged,  the  Referee  may 
in  his  discretion,  limit  the  time  of  such  examination,  or  he  may  impose  costs,  in- 
cluding the  fees  of  the  stenographer  and  other  expenses,  upon  the  party  or  parties 
responsible  for  the  improper  prolongation,  and  may  require  provision  to  be  made 
for  the  payment  of  said  costs,  fees  and  expenses. 

V. 
ALLOWING  AMENDMENTS   BY  REFEREES. 

Referees  are  authorized  to  permit  amendments  to  the  petition  and  schedules 
upon  the  application  of  the  bankrupt;  and  Referees  may,  of  their  own  motion,^ 
require  the  bankrupt  to  amend  his  petition  and  schedules. 

All  amendments  shall  be  made  by  petition  addressed  to  the  Judge  or  the 
Referee,  who  shall  enter  thereon  an  order  allowing  said  amendments. 

The  amendments  desired  shall  be  set  forth  in  triplicate  schedules  duly  signed 
and  sworn  to  by  the  bankrupt,  and  shall  be  filed,  together  with  the  petition  and 
order,  in  the  Clerk's  Office.  Two  of  the  amended  schedules  shall  be  mailed  by  the^ 
Clerk  to  the  Referee  in  charge  of  the  proceedings. 

VI. 

AUTHORITY  OF  REFEREES  IN  ABSENCE  OF  JUDGE. 

Whenever  the  Judge  is  absent  from  the  district,  but  not  otherwise,  the  Referee 
may  take  such  steps  for  the  preservation  of  the  bankrupt's  estate  as  may  be 
necessary,  including  the  appointment  of  Receivers,  the  disposal  at  public  or  private 
sale  of  perishable  property,  and  the  issuing  of  restraining  orders. 

VII. 
ATTORNEYS. 

Trustees  may  employ  attorneys  when  authorized  by  the  creditors  at  any  called" 
meeting;  but  no  attorney  who  has  represented  the  bankrupt  or  any  creditor  in  the 
proceedings  shall  be  employed  by  the  trustee,  except  for  good  cause  shown. 

No  fees  shall  be  paid  attorneys  until  proof  of  debt  for  same  is  filed,  the 
amount  approved  by  the  trustee,  and  the  creditors  given  at  least  ten  days'  notice. 

The  employment  of  attorneys  and  the  amount  of  their  fees  shall  be  in  all  cases 
subject  to  the  approval  of  the  Court. 

Receivers  shall  not  employ  counsel  except  upon  the  authorization  of  the- 
Court. 

VIII. 
DECREES    OF    REFEREES— WHEN    SIGNED. 

All  decrees  rendered  by  Referees  shall  be  signed  not  sooner  than  three    (3> 


KULES  IN  EASTERN  DISTRICT  OP  LOUISIANA.  861 

clear  days  after  rendition,  and  shall  become  final  ten   (10)   clear  days  thereafter, 
unless  appealed  from. 

IX. 
ACCOUNTS  OF  RECEIVERS. 

After  adjudication  and  reference  every  Receiver's  account  shall  be  sworn  to 
and  filed  with  the  Referee  not  later  than  ten  days  after  the  trustee  shall  have 
ciualified,  unless  the  time  for  filing  said  account  is  extended  by  the  Referee.  After 
ten  days'  notice  to  the  creditors,  the  said  account  shall  be  heard  by  the  Referee. 
Oppositions  to  the  same  shall  be  in  writing,  and  shall  be  filed  previous  to  the  day 
fixed  for  said  hearing,  and,  if  no  oppositions  be  presented  to  the  Referee,  he  may 
approve  the  account  and  discharge  the  Receiver. 


X. 

REVIEW  OF  REFEREE'S  RULING  BY  THE   JUDGE. 

When  a  review  by  the  Judge  of  any  order,  ruling  or  decision  of  a  Referee 
Is  desired,  an  objection  shall  be  made  and  noted  on  the  record  at  the  time  of  the 
ruling  or  the  order  objected  to,  and  an  assignment  of  errors  shall  be  presented 
to  the  Referee  for  his  signature  within  the  time  allowed  for  an  appeal,  which 
assignment  of  errors,  when  signed  by  the  Referee,  may  be  filed  with  the  Clerk  by 
any  party  in  interest. 

A  failure  to  comply  with  this  rule  shall  be  held  a  waiver  of  the  right  to  review, 
unless  on  special  order  thereafter  made  by  the  Referee  or  Judge.  The  opinion  and 
■decision  of  the  Judge  shall  be  returned  by  the  Clerk  to  the  Referee. 

Whenever  practicable,  the  Referee  shall  annex  to  the  assignment  of  errors  his 
reasons  for  the  order,  ruling  or  decision  complained  of. 


XI. 
PETITIONS   IN  FORMA  PAUPERIS. 

In  case  a  petition  is  filed  by  a  proposed  voluntary  bankrupt  accompanied  by 
an  affidavit  under  subdivision  2  Section  51  of  said  Bankruptcy  Act,  it  shall  be  the 
duty  of  the  Clerk  to  file  said  petition  without  exacting  the  payment  of  the  fees  pro- 
vided for  by  said  Bankruptcy  Act  (Section  51,  A.).  The  Clerk  may  request  the 
Referee  to  examine  into  the  truth  of  such  affidavit,  and  the  Referee  may,  of  his 
motion,  make  such  an  examination. 

If  upon  examination  the  Referee  should  find  that  the  bankrupt  is  not  entitled 
to  relief  from  payment  of  the  filing  fees,  as  provided  in  the  aforementioned  sec- 
tion of  the  Bankruptcy  Act,  and  that  at  the  time  of  said  examination  the  bankrupt 
bas  or  can  obtain  the  money  with  which  to  pay  said  fees,  the  Referee  shall  order 
him  to  pay  said  fees  within  a  time  specified  by  said  Referee,  and  if  the  bankrupt 
fails  to  comply  with  said  order,  such  facts  shall  be  certified  by  the  Referee  to  the 
Judge,  for  dismissal  of  the  petition  as  provided  in  General  Order  XXXV  (4) 
in  Bankruptcy,  adopted  by  the  Supreme  Court  of  the  United  States. 


862  EXILES  IN  EASTERN  DISTRICT  OF  LOUISIANA. 

XII. 

INDEMNITY  EXPENSES  FOR  REFEREES. 

Pursuant  to  Section  30  of  the  Bankruptcy  Act  of  July  1st,  1898,  and  of  Rules 
X  and  XXXV  (2)   of  General  Orders  in  Bankruptcy. 

Until  further  orders,  the  Referees  shall  be  allowed  as  indemnity  for  expenses 
incurred  by  them,  the  following  rates: 

1.  Cash  paid  for  advertisements. 

2.  For  all  clerical  aid  in  preparing  advertisements  and  notices  to  creditors 
of  first  meeting,  mailing  the  same,  and  making  proof  thereof,  keeping  register, 
files  and  records,  and  preparing  typewritten  memoranda  of  proceedings,  prior  to 
the  first  meeting  of  creditors,  including  stationery,  envelopes,  printing,  letters,  mes- 
sages and  all  petty  expenses,  five  ($5.00)  Dollars. 

3.  For  similar  clerical  aid,  etc.,  in  calling  and  holding  meetings  of  creditors  to 
consider  offer  of  composition.  Five   ($5.00)    Dollars. 

4.  For  similar  clerical  aid,  etc.,  in  calling  and  holding  each  and  every  other 
lawfully  called  meeting  of  creditors.  Five   ($5.00)   Dollars. 

5.  For  use  of  oflfice  and  for  clerical  aid  and  for  taking  and  keeping  notes  and 
records  of  proceedings  at  each  called  meeting  and  each  postponed  meeting  and  at 
each  hearing  on  interlocutory  orders,  or  for  other  proceedings    ($3.00). 

6.  For  any  of  the  meetings  as  hereinabove  provided  for,  the  referee  shall 
charge  ten  cents  (10  cts.)  for  each  notice  in  excess  of  twenty  (20),  the  number  of 
creditors  in  each  case  to  be  stated  in  the  referee's  final  report  to  the  court. 

7.  For  all  necessary  clerical  aid  in  the  care  of  creditors'  proofs  of  claim.s 
after  filing,  including  endorsing,  recording,  arranging  and  preserving  them,  and 
exhibiting  and  furnishing  information  concerning  the  same  as  required  by  law, 
twenty-five  cents  (25  cts.)  for  each  claim,  to  be  paid  out  of  the  estate  of  the  bank- 
rupt. 

8.  For  certifying  each  copy  of  orders  or  other  papers  twenty-five  cents, 
(25  cts.). 

9.  "Whenever  the  petition  and  schedules  in  a  bankruptcy  case  shall  be  re- 
ferred to  the  Referee,  he  shall  give  notice  to  the  bankrupt  or  his  attorney,  of  the 
amount  of  costs  necessary  to  be  advanced  for  the  calling  of  the  first  meeting  of 
creditors  or  any  other  necessary  expenses  incident  to  the  administration  of  the 
estate,  as  provided  under  this  rule;  and  the  bankrupt,  his  attorney,  or  any  other 
party  who  may  advance  these  costs  shall  have  the  same  refunded  to  him  out  cf 
The  assets  of  the  estate,  as  provided  in  General  Order  X  adopted  by  the  Supreme 
Court  of  the  United  States. 

XIII. 

FINAL  ACCOUNTS  OF  TRUSTEES. 

The  final  account  of  the  Trustee,  in  all  cases,  shall  be  sworn  to  and  filed  with 


RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA.  863 

the  Referee,  who  shall  send  notices,  by  mail,  to  the  creditors  of  the  time  when 
and  the  place  where  said  account  will  be  examined  and  passed  upon. 

Trustees  shall  in  their  final  accounts,  marshal  and  rank  all  claims  against 
the  bankrupt  in  accordance  with  Section  64  of  said  Bankruptcy  Act.  The  final 
account  shall  also  state  the  gross  amount  of  money  on  hand,  and  the  several  sources 
from  which  same  has  been  obtained. 

If  taxes  have  been  paid  by  the  Trustee  prior  to  the  filing  of  the  final  account, 
or  if  taxes  are  due,  the  final  account  shall  state  what  taxes  have  been  paid  or  are 
due. 

All  objections  to  the  final  account  shall  be  in  writing,  and  shall  be  filed  before 
the  Referee  previous  to  the  time  fixed  for  the  examination  of  the  account. 

Where  the  bankrupt  has  no  property,  other  than  such  as  is  exempt,  and  no 
assets  have  come  to  the  hands  of  the  Trustee,  it  shall  be  unnecessary  to  call  a 
final  meeting  of  creditors,  and  the  Trustee  shall  be  entitled  to  secure  a  discharge 
from  his  trust  by  filing  a  report  duly  sworn  to,  with  the  Referee,  stating  such 
fact  and  making  it  appear  to  the  satisfaction  of  the  Referee  that  there  is  no 
property  of  the  bankrupt  available  as  assets  of  the  estate. 

XIV. 
SALES. 

1.  The  Referee  may  order  the  sale  of  real  or  personal  property  at  public  or 
private  sale,  after  due  appraisement  in  accordance  with  section  70  b  of  said  Bank- 
ruptcy Act.     The  appraisers  shall  be  appointed  by  the  Referee. 

2.  Real  estate  may  be  sold  either  for  cash  or  partly  on  credit  and  partly  for  cash, 
the  credit  portion  of  the  price  to  be  secured  by  usual  vendor's  privilege,  mortgage 
and  other  security  clauses.  All  sales  of  real  estate  shall  be  made  at  the  court  house 
door  in  country  parishes,  at  the  Real  Estate  Exchange  in  the  city  of  New  Orleans, 
Parish  of  Orleans,  or  upon  the  premises,  if  the  Referee  so  directs,  after  advertise- 
ment in  the  paper  designated  in  the  parish  in  which  said  property  is  situated, 
once  a  week  for  four  weeks,  unless  tor  good  cause  shown,  the  sale  or  advertise- 
ment is  otherwise  directed  by  vote  of  the  creditors  or  by  order  of  the  Referee. 

3.  All  sales  of  personal  property  shall  be  made  at  such  place  and  after  such  ad- 
vertisement as  the  creditors  may  direct  or  the  Referee  order. 

4.  Upon  vote  or  upon  petition  of  a  majority  of  the  creditors,  in  number  ard 
amount,  whose  claims  have  been  filed  and  allowed,  the  Referee  may  upon  good 
cause  shown,  authorize  the  Trustee  to  employ  a  duly  licensed  auctioneer  to  sell 
the  real  estate  or  personal  property,  said  auctioneer's  compensation  for  the  sale 
of  real  estate  not  to  exceed  two  (29r)  per  cent  on  the  first  Ten  Thousard 
($10,000.00)  Dollars  realized  and  one  (17/ )  per  cent  on  amounts  in  excess  of  Ten 
Thousand  ($10,000.00)  Dollars.  Upon  sales  of  movables  said  compensation  shall  not 
exceed  five  (59/ )  per  cent  of  the  amount  realized. 

5.  When  property  is  burdened  with  liens  or  mortgages,  same  may  be  made  clear 
of  said  liens  and  mortgages  before  being  sold,  by  rule  to  cancel  said  encumbrances, 
to  be  heard  before  the  Referee  after  notice  to  the  lienors  or  mortgagors. 

6.  Lienors  or  mortgagors  may  bid  upon  such  property  when  sold  and  upon  spec- 
ial order  of  the  Referee  may  use  their  valid  lien  indebtedness  or  part  thereof  by  way 
of  settlement  of  the  purchase  price. 


864  EULES  IN  EASTERN  DISTRICT  OF  LOUISIANA. 

7.  The  Referee  may  make  or  order  sales  of  perishable  property,  at  public  auc- 
tion, through  an  auctioneer  duly  appointed  by  him,  or  through  the  marshal,  at  such 
place  and  in  such  manner  as  the  Referee  may  determine,  but  such  sales  must 
bring  at  least  seventy-five  (759c)  per  cent  of  the  appraised  value  of  said  property, 
as  provided  by  Section  70  b  of  the  Bankruptcy  Act. 

8.  All  orders  for  the  sale  of  real  estate,  together  with  a  description  of  the  prop- 
erty shall  be  recorded  in  the  office  of  the  Clerk  of  Court  at  Nevi'  Orleans  in  the 
Sales  Book  kept  by  him. 

XV. 
COMPOSITIONS. 

Bankrupts  offering  composition  shall  apply  to  the  referee  to  call  a  meeting  of 
creditors  to  consider  same.  After  composition  has  been  accepted  by  a  majority  of 
the  creditors,  according  to  law,  the  consideration  to  be  paid  to  creditors,  and  the 
money  necessary  to  pay  all  debts  which  have  priority  and  the  costs  of  the  pro- 
ceedings, shall  be  deposited  in  one  of  the  designated  depositories. 

Application  for  confirmation  of  composition  (form  No.  61)  shall  be  filed  with 
the  Clerk,  accompanied  by  certificate  of  the  Referee  that  Section  12  b  has  been 
complied  with.  The  Clerk  shall  thereupon,  notify  all  creditors  by  mail,  to  show 
cause  within  ten  days  why  said  composition  should  not  be  confirmed.  If  no 
objection  is  made  within  the  time  specified,  the  composition  shall  be  confirmed  as 
of  course.  The  Clerk  shall  be  entitled  to  10  cts.  for  each  notice  sent  to  the 
creditors. 

In  case  of  opposition  the  matter  shall  be  set  for  a  hearing  before  the  Judge^ 
and  all  parties  notified  by  mail,  and  he  may  either  determine  the  matter  or  refer 
same  to  the  referee  as  special  master  for  hearing  and  report. 


XVI. 
NOTICES:     HOW    SEHVED. 

Notice  of  petitions  or  motions  filed  with  the  Referee  for  interlocutory  or  other 
orders  in  any  Bankruptcy  case  shall  be  given  as  directed  by  the  Referee. 

Th  person  giving  the  notice  shall  make  his  return  to  the  Referee  in  the  form 
of  an  affidavit,  with  the  copy  of  the  notice  annexed,  showing  the  method  of  service. 


XVII. 
DEPOSITORIES  AND  CHECKS. 

All  funds  coming  into  the  possession  of  trustees  and  receivers  shall  be  forth- 
with deposited  in  one  of  the  designated  depositories. 

No  money  shall  be  withdrawn  from  the  depositories  except  upon  the  check  of 
the  Trustee,  countersigned  by  the  Referee,  and  bearing  the  name  of  the  person  to 
whom  payable,  and  the  title  of  the  cause. 

In  composition  proceedings  the  funds  necessary  to  pay  all  debts  which  have 
priority  and  the  costs  of  the  proceedings  shall  be  deposited  in  the  proper  bank 
as  herein  provided,  in  the  name  and  number  of  the  bankruptcy  case  and  to  the 
order  of  the  Judge,  who  shall  direct  by  special  order  in  each  case,  the  party  or 


RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA.  865 

parties  by  whom  such  funds  shall  be  withdrawn.  A  certified  copy  of  said  order, 
sent  by  the  Clerk  to  the  Bank  where  said  funds  are  deposited,  shall  be  au- 
thority for  the  withdrawal  of  said  funds. 

The  Clerk  shall  furnish  depositories  with  a  copy  of  this  rule. 

XVIII. 

PROCEDURE  ON  APPLICATIONS  FOR  DISCHARGE. 

Petitions  for  discharge  shall  be  filed  with  the  Clerk  who  shall  at  once  notify 
the  trustee  and  all  known  creditors  of  the  bankrupt,  by  mailing  them  copies  of  the 
petition  and  order,  to  show  cause  within  thirty  days  why  said  discharge  should 
not  be  granted,  and  shall  publish  said  order  once  according  to  law.  If  no  opposi- 
tion be  filed  within  the  time  specified,  the  discharge  shall  bs  granted  as  of  course. 

In  case  of  opposition  the  matter  shall  be  set  for  a  hearing  before  the  Judge, 
and  all  parties  notified  by  mail,  and  he  may  either  determine  the  matter  or  refer 
same  to  the  Referee  as  special  Master,  for  hearing  and  report. 

The  clerk  shall  be  entitled  to  a  fee  of  fifty  cents  for  each  copy  of  said  petition 
and  order. 

XIX. 

BANKRUPT'S  COSTS  ON  DISCHARGE. 

The  bankrupt  shall  be  entitled  to  receive  out  of  his  estate  the  costs  necessary 
for  his  discharge,  provided  there  are  sufficient  assets  to  first  pay  all  other 
costs,  and  provided  further,  the  trustee  is  requested  in  writing  to  set  aside  the 
same,  before  distribution  of  the  assets,  and  application  for  discharge  is  made 
not  later  than  sixty  days  after  adjudication. 

XX. 

FEES   OF    CLERK,    REFEREE   AND    TRUSTEE— WHEN   PAID. 

The  Trustee's  fee  of  Five  Dollars,  deposited  with  the  Clerk,  shall  be  paid  to 
the  Trustee  upon  the  certificate  of  the  Referee  that  the  services  of  the  Trustee  have 
been  actually  rendered  and  that  the  case  has  been  closed.  He  shall  be  paid  such 
commission  as  may  be  allowed  by  the  Referee,  under  Section  48  of  the  Bankruptcy 
Act,  upon  order  of  the  Referee,  as  soon  as  same  accrues  and  is  earned.  The  Referee 
shall  be  paid  his  commission  at  the  same  time. 

In  every  case,,  except  where  a  petition  in  forma  pauperis  is  filed,  the  Clerk 
shall  be  entitled,  when  the  petition  is  filed,  to  receive  the  filing  fee  of  ten  dollars. 
The  Clerk  shall  pay  to  the  Referee  the  Fifteen  Dollars  deposited  as  fees  of  the 
Referee  upon  receiving  the  latter's  certificate  that  the  case  has  been  closed  and 
that  his  services  have  been  rendered.  Where  there  are  no  assets  the  case  shall  be 
deemed  closed  for  the  purpose  of  the  payment  of  fees  to  the  Referee  and  Trustee 
after  the  first  meeting  of  creditors  has  been  held. 

XXI. 

DISMISSAL    OF    BANKRUPTCY    CASES    WHEN    NOT    PROSECUTED. 

The  first  meeting  of  creditors  shall  be  called  by  the  Referee  to  whom  the  pro- 
ceedings in  bankruptcy  are  referred,  within  the  time  specified  under  Section  5-5  of 


866  RULES  IN  EASTERN  DISTRICT  OF  LOUISIANA. 

the  Bankruptcy  Act,  and  should  the  Bankrupt,  after  notice  from  the  Referee,  as  pro- 
vided by  Rule  XII,  9,  of  this  Court,  fail  to  advance,  or  have  advanced  the  costs 
necessary  for  the  calling  of  said  meeting,  within  the  time  specified  by  the  aforesaid 
Section  55  of  the  Act,  the  Referee  shall  certify  such  facts  to  the  Judge,  for  the 
dismissal  of  the  proceedings  in  bankruptcy,  for  failure  to  prosecute. 


XXII. 
AS  TO  WITHDRAWAL  OF  RECORDS. 

The  Clerk  shall  not  permit  the  record  in  any  cause  to  be  taken  out  of  his  office. 


The  foregoing  rules  shall  supersede  all  rules  now  in  force  and  shall  become 
operative  on  the  1st  day  of  February  1910. 

(Signed)    RUFUS  E.  FOSTER, 

Judge. 


WESTERN  DISTRICT  OF  WASHINGTON,  N.  D. 


RULE  I. 
Records. 


Referees  shall  keep  minutes  of  all  meetings  of  creditors  and  examinations  of 
parties  and  witnesses  and  of  all  other  proceedings  conducted  before  them,  and  make 
lists  of  claims  proved,  and  furnish  typewritten  transcripts  of  the  minutes  and  lists 
of  proved  claims,  in  each  case  to  be  part  of  the  record.  The  record  in  each  case  shall 
consist  of  the  original  petition,  each  paper  filed  including  proofs  of  debt  and  deposi- 
tions, all  orders,  -whether  made  by  the  court.  Judge,  Clerk,  or  Referee,  and  the  Referee's 
minutes.  Each  record  shall  be  certified  by  the  Clerk  to  be  the  complete  record  in  the 
case. 

RULE  II. 
Records  to  be  Bound. 

The  record  in  each  case  shall  be  bound  in  one  or  more  volumes,  not  more  than 
800  sheets  to  be  included  in  one  volume.  The  volume  shall  be  made  by  stitching  or 
fastening  the  papers  through  the  top  margin  so  that  the  hinge  will  be  at  the  toj).  If 
the  complete  record  contains  100  sheets  or  less,  heavy  paper  of  good  quality  may  be 
used  for  covers,  volumes  of  more  than  100  sheets  must  be  substantially  bound  in 
leather  or  other  material  equal  to  leather  in  durability,  and  must  be  indexed. 

RULE  III. 

Size  and  Quality  of  Paper. 

That  records  may  be  made  conformably  to  Rules  1  and  2,  all  papers  intended  to 
be  filed  and  all  orders  and  transcripts  must  be  printed  or  legibly  written  or  type- 
written without  interlineations  or  erasures  except  slight  corrections  which  must  be 
attested  by  the  Clerk  or  Referee,  with  his  initials  in  the  margin  before  filing.  The 
paper  used  must  be  of  good  quality  and  not  larger  than  half  flat  cap  size,  that  is  to 
say,  eight  and  one-half  inches  -wide  and  fourteen  inches  from  the  top  edge  to  the 
lower  edge,  nor  less  than  eight  inches  by  twelve  and  one-half  inches.  Only  one  side 
of  the  sheet  must  be  written  upon,  except  that  indorsements  may  be  upon  the  reverse 
side.  There  must  be  a  blank  margin  of  at  least  one  and  one-half  inches  at  the  top 
and  at  least  one  inch  wide  on  the  left  hand  edge  of  each  page.  All  papers  must  be 
plainly  indorsed  with  the  title  and  number  of  the  case  and  the  name  or  nature  of  the 
paper  before  filing.  The  Clerk  and  Referees  shall  refuse  to  file  papers  which  do  not 
conform  to  the  requirements  of  this  rule. 

RULE  IV. 
Expense  of  Making  Up  and  Binding  Records. 

The  actual  expense  of  making  transcripts  of  the  Referee's  minutes,  and  binding 
the  record,  must  be  paid  by  the  bankrupt,  or  out  of  his  estate,  before  a  discharge  will 
be  granted.  In  involuntary  cases  where  the  decision  is  adverse  to  the  petitioners, 
the  expenses  of  completing  and  binding  records  w'ill  be  taxed  as  costs  against  them. 

[SG7] 


868    RULES  IN  WESTERN  DIST.  OF  WASHINGTON,  NORTH.  DIV. 

RULE  V. 
Letters  of  Attorney  and  Appearances  of  Attorneys  for  Creditors. 

Attorneys  admitted  to  practice  in  this  court  or  in  the  United  States  Circuit  Court 
for  this  district,  who  represent  any  petitioner  or  creditor,  must  file  a  notice  of 
appearance  in  writing  and  duly  signed;  other  agents  or  attorneys  in  fact  must  file 
a  general  or  special  letter  of  attorney  executed  by  their  principals. 

RULE  VI. 

Address  of  Creditors. 
Schedules   containing   lists    of   creditors   must   state   the    residence   of   each,   with 
particularity   as  to   city   or   town,   street   and   number,    or   the   post-office   address,   if 
known. 

RULE  vn. 

Office  Expenses  of  Referee. 
Referees  shall  be  entitled  to  charge  in  addition  to  actual  expenses  incurred  by 
them  in  each  case,  a  reasonable  amount  to  meet  their  expenses  for  office  rent  and 
furniture  necessary  for  transacting  their  official  duties  and  keeping  safely  the  papers 
and  records  belonging  to  bankrupt  estates,  provided  that  the  charge  for  office  rent 
and  furniture  shall  not  exceed  five  dollars  in  a  contested  case  of  involuntary  bank- 
ruptcy,  nor    three    dollars    in    any    other    case. 

RULE  VIII. 
Custody  of  Papers. 
The  original  papers  filed  in  the  office  of  the  Clerk  shall  not  be  taken  from  the 
Clerk's  custody  except  by  the  Referee  for  use  during  the  pendency  of  a  reference, 
and  while  in  the  custody  of  the  Referee  they  may  be  examined  at  his  -  office,  but 
shall  not  be  taken  from  the  custody  of  the  Referee  by  any  person  on  any  pretext 
Avhatever,  until  the  Referee  himself  shall  return  them  to  the  Clerk's  office. 

RULE  IX. 

Proof  of  Publication. 

Proof  of  publication  of  all  notices  required  to  be  published  shall  be  made  by  the 
affidavit  of  the  publisher  or  business  manager  of  the  newspaper  and  must  be  accom- 
panied by  and  refer  to  a  printed  copy  of  the  notice  published,  and  must  state  the  name 
of  the  paper  and  place  of  publication  and  the  date  or  dates  of  each  appearance  of  the 
notice  in  the  paper. 

RULE  X. 
Indemnity  for  Expenses. 

In  each  case  referred  the  Referee  may  require  as  indemnity  for  his  expenses  a 
deposit  of  ten  dollars  in  money  from  the  petitioner  or  petitioners,  which  amount 
shall  be  accounted  for,  and  any  surplus  remaining  shall  be  repaid.  If  further  pro- 
ceedings are  necessary  after  the  amount  of  the  deposit  has  been  exhausted,  the 
Referee  may  require  a  further  advance  from  the  moving  party  of  an  amount  sufficient 
to  cover  whatever  expenses  may  be  necessary. 

RULE  XI. 
Expense  Fee  for  Filing  Claims. 

To  cover  the  expenses  of  the  Referee's  office  for  clerical  assistance  in  filing  and 
listing  claims,  Referees  will  collect  from  creditors  a  fee  of  fifteen  cents  for  each  claim 
presented. 


KULES  IN  WESTERN  DIST.  OF  WASHINGTON,  NORTH.  DIV.     869 

RULE  XII. 

Time  for  Filing  Claims  Not  Scheduled. 

Claims  against  a  bankrupt  estate,  not  scheduled  by  the  bankrupt,  must  be  pre- 
sented to  the  Keferee  on  or  before  the  thirtieth  day  after  the  first  meeting  of  creditors. 
Referees  will  send  by  mail  to  each  creditor  who  shall  have  presented  proof  of  his 
claim,  a  copy  of  each  proof  of  debt  not  scheduled  by  the  bankrupt;  and  to  cover 
the  expense  for  stationery  and  clerical  assistance  required  in  mailino-  such  copy, 
they  will  collect  from  the  person,  firm  or  company  presenting  such  unscheduled  claim 
twenty  cents  for  each  copy  to  be  sent. 

RULE  XIII. 
Opposition  to  Allowances  of  Claims  and  Preferences. 

Creditors  and  other  interested  parties  having  objection  to  the  allowance  of  any 
claim  against  a  bankrupt  estate,  or  who  wish  to  contest  the  validity  or  justness  of 
any  lien  or  priority  of  any  debt  of  a  bankrupt,  must  specify  the  grounds  of  their 
opposition  in  writing,  and  present  the  same  to  the  Referee  on  or  before  the  fifth  day 
after  the  first  meeting  of  creditors,  as  to  all  debts,  liens  and  preferences  scheduled  by 
the  bankrupt;  and  as  to  all  claims  not  scheduled,  the  opposition  must  be  presented 
to  the  Referee  on  or  before  the  twentieth  day  after  the  mailing  to  creditors  of  copies 
of  such  additional  claims,  as  required  by   the  twelfth  rule. 

RULE  XIV. 
Proceedings  in  Forma  Pauperis. 

WTien  the  petition  of  a  voluntary  bankrupt  is  presented,  accompanied  by  the 
prescribed  affidavit,  the  Clerk  will  file  the  petition  and  docket  the  case.  As  the 
case  progresses,  the  petitioner  must  pay  the  necessary  expenses,  and,  before  a  final 
discharge  will  be  granted,  he  must  also  pay  the  amount  of  compensation  allowed  to 
the  Clerk,  Referee,  and  Trustee,  or  else  make  a  showing  to  the  satisfaction  of  the 
Court  that,  by  reason  of  ill  health  or  circumstances  of  peculiar  misfortune,  he  is  a 
worthy  subject  of  charity. 

RULE  XV. 
Referees —  Their  General   Powers. 

There  shall  be  and  hereby  is  conferred  vipon  each  and  all  of  the  Referees  in 
bankruptcy  of  the  above  named  Court,  authority  and  power  to  do  and  perform  each 
and  every  act  which  courts  of  bankruptcy  can  do  or  perform  (except  as  to  questions 
arising  out  of  the  application  of  bankrupts  for  composition  discharge)  in  every  matter 
which  may  be  hereafter  referred  generally  at  any  state  of  the  proceedings  therein, 
unless  in  the  order  referring  said  matter  the  power  and  authority  of  the  Referee 
shall  be  expressly  restricted.  And  upon  such  general  reference,  the  Referee  to  whom 
the  matter  shall  have  been  referred  shall  have  power  and  authority  and  it  shall  be 
his  duty  to  proceed  in  the  matter  as  the  Judge  of  said  Court  might  do  or  have  done 
if  the  matter  had  not  been  so  referred. 

[Wliile  there  is  no  written  rule  to  that  effect,  it  is  the  practice  of  the  Court  in 
this  division  of  this  district  to  require  the  bankrupt  to  file  an  affidavit  known  as  the 
"  Final  Affidavit  of  Bankrupt,"  in  which  all  those  things  which  would  be  a  bar  to 
his  discharge,  as  set  out  in  section  14,  subdivision  B  of  the  Act,  are  negatived,  before 
an  order  of  discharge  will  be  signed.] 


DISTRICT  OF  OREGON. 


RULE  I. 
Review  of  Referee's  Decisions. 
When  any  question  is  certified  here  for  review  of  the  decision  of  a  Referee, 
the  record  so  transmitted  shall  be  tiled  by  the  L'lerk,  who  shall  forthwith  notify 
the  parties  or  their  counsel;  and  unless  the  parties  within  ten  days  thereafter  appear 
to  request  a  hearing  in  this  Court  before  the  Court  or  Judge  on  the  question  so 
certified,  the  same  shall  be  disposed  of  by  the  Court  or  Judge  on  the  record,  without 
further  hearing  unless  ordered  by  the  Court  or  Judge. 

RULE  II. 
Practice  on  Objections  to  Discharge  of  Bankrupt. 

A.  When  specifications  in  objection  to  the  discharge  of  a  bankrupt  are  made  a 
copy  of  such  specifications  shall,  before  the  same  are  filed,  be  served  upon  the  bank- 
rupt or  his  attorney  and  proof  of  such  service  made  upon  the  original,  and  the  bank- 
rupt may,  within  ten  days  from  the  date  of  such  service,  demur,  answer  ur  otherwise 
plead  to  such  specifications,  but  not  otherwise. 

B.  At  the  expiration  of  ten  days  from  the  filing  of  the  specifications,  the  record 
so  made  up  on  such  objections  shall  thereupon  be  forthwith,  by  an  order  filed  by  the 
Clerk,  referred  to  the  Referee  having  jurisdiction  of  the  cause,  as  special  master,  to 
take  the  testimony  for  and  against  the  specifications,  and  report  the  same  back  to 
this  Court,  together  with  his  findings  of  fact  and  law. 

RULE  III. 
Idem. 
Upon  the  coming  in  of  the  Referee's  report,   the  procedure  prescribed  in  Rule  I 
shall  apply  in  all  contested  applications  for  discharge  as  to  a  hearing  upon  the  merits 
in   this  Court. 

RULE  IV. 
Orflers  Made  by  the  Clerk  of  Course. 
In  all  voluntary  cases,  when  the  Judge  is  in  the  district,  and  no  objections  ate 
on  file,  the  Clerk  shall,  upon  filing  the  petition  for  adjudication,  as  of  course,  enter 
(if  record  and  file  the  order  of  adjudication  and  order  referring  the  cause  to  tlie 
proper  Referee;  and  in  pauper  cases  and  in  cases  where  the  costs  incident  to  the 
bankrupt's  petition  for  discharge  are  payable  out  of  the  estate,  and  in  such  other 
cases  as  moneys  are,  or  may  be,  payable  out  of  the  estate  for  the  purpose  of  adminis- 
tration, the  Clerk  shall  enter  the  order  for  the  payment  of  all  such  fees  and  costs ; 
and  when  no  objections  are  on  file  to  the  discharge  of  a  bankrupt  the  Clerk  shall  also 
enter  the  order  of  discharge  as  of  course. 

RULE  V. 
Transmission  of  Trustee's  Bonds  and  Lists  of  Claims. 
Referees  are  required  to  promptly  transmit  to  the  Clerk  of  this  Court  complete 
lists  of  all  claims  filed  against  estates  before  them  for  administration,  and  are  like- 
wise required  to  forward  to  the  Clerk  the  bonds  of  Trustees  in  all  cases. 

[870] 


RULES  IN  DISTRICT  OF  OREGON.  871 

RULE  VI. 
Expenses  of  Referee  —  Indemnity  for. 
In  order  to  facilitate  the  prompt  closing  of  '"  no  asset  "  cases,  the  Referee  may 
exact  from  the  bankrupt  an  amount  suflicient  to  cover  the  expense  of  mailing  and 
publishing  notices,  as  provided  in  General  Order  No.  X,  but  no  more,  and  upon  failure 
of  the  bankrupt  to  pay  such  amount  that  fact  may  be  certified  to  the  Court  for  the 
proper  action. 

RULE  VII. 
Additional  Fees  of  Referee  and  Trustee. 
No  compensation  or  fees  in  addition  to  those  provided  by  law  will  be  allowed 
to  Referees  or  Trustees  under  the  guise  of  *'  office  expenses,"  "  clerk  hire,"  etc.,  and 
Referees  are  required  to  transmit  to  the  Clerk  a  detailed  account  of  expenses  claimed 
by  the  Referee  or  Trustee  incident  to  the  administration  of  any  estate  for  approval 
or  disapproval,  before  such  estate  is  finally  closed  and  the  record  certified  up. 

Now,  at  this  day,  it  is  ordered  that  from  and  after  this  date  the  cost  to  be 
collected  by  the  Clerk  in  bankruptcy  proceedings  for  process  and  notices  to  creditors 
upon  petition  for  discharge  shall  be  the  sum  of  twenty  cents  per  notice  for  each 
notice   sent  —  July   3,    1914. 

Review  of  Order  of  Referee  —  Time  to  File  Petition  and  Record. 

In  all  cases  in  which  a  review  by  this  Court  of  the  action  or  decision  of  the 
Referee  in  bankruptcy  is  sought,  the  petition  for  review  must  be  filed  with  the  Referee 
within  twenty  days  from  the  date  of  the  order  or  action  sought  to  be  reviewed. 
And  thereupon,  the  Referee,  whose  action  or  decision  to  be  reviewed  is  sought,  shall, 
within  ten  days  from  the  date  the  petition  for  review  is  filed  with  him,  file  in  this 
Court  all  the  records  and  papers,  or  certified  copies  thereof,  necessary  to  a  hearing 
in  this  Court. 

(Amendment  adopted  December  2,   1914.) 

Receivers  in  Bankruptcy  Cases  —  Showing  Required  —  Not  to  Incur  Expense. 

Receivers  shall  not  be  appointed  in  bankruptcy  cases  in  any  event  unless  it  is 
first  made  to  appear  by  affidavit  that  such  appointment  is  necessary  in  order  to 
preserve  the  estate,  pending  the  election  of  a  trustee,  and  no  Receiver  when  appointed 
shall  incur  any  expense  (except  as  shall  be  necessary  to  preserve  the  estate),  either 
in  making  inventory,  employing  assistants  or  counsel  or  otherwise  without  first  mak- 
ing application  to  the  Court  or  Referee  showing  the  necessity  therefor,  and  obtaining 
authority  to  do  so. 

(Amendment  adopted  September  28,  1914.) 


NORTHERN  DISTRICT  OF  CALIFORNIA. 


RULE  I. 

The  referee  will  not  be  allowed  expenses  on  account  of  clerk  hire,  or  for  traveling 
or  other  expenses,  to  which  he  may  be  entitled  under  General  Order  XXXV,  unless  the 
claim  therefor,  accompanied  by  proper  vouchers,  when  vouchers  can  be  procured,  is 
presented  to  and  approved  by  the  Judge. 

RULE  II. 

The  clerk  shall  immediately  upon  receipt  thereof  deposit  with  a  depository  of 
public  moneys  of  the  United  States,  in  trust,  and  to  the  credit  of  said  clerk  in  his 
official  capacity,  all  moneys  collected  by  him  for  the  payment  of  fees  of  referees  and 
trustees,  under  the  Bankruptcy  Act,  and  shall  on  the  hrst  day  of  each  regular  term, 
present  to  the  Court  a  statement,  showing  all  moneys  received  by  him  during  the  pre- 
ceding term,  and  also  the  balance  in  such  trust  fund ;  said  statement  to  show  in  detail 
cases  in  which  such  moneys  have  been  received,  and  in  what  cases  disbursements  have 
been  made,  and  said  statement  and  vouchers  accompanying  the  same,  shall  be  filed  in 
Court. 

RULE  IIL 

The  petition  by  or  against  a  person  in  bankruptcy,  shall  be  presented  and  heard 
only  in  open  Court;  and  all  motions  or  applications  for  orders  in  any  bankruptcy  pro- 
ceeding, except  such  as  are  addressed  to  the  referee  in  bankruptcy,  will  be  heard  only 
at  the  beginning  of  the  morning  session  of  the  Court. 

RULE  IV. 

When  a  petition  for  voluntary  adjudication  in  bankruptcy  is  accompanied  by  an 
affidavit  stating  that  the  petitioner  is  without  and  cannot  obtain  the  money  with 
which  to  pay  the  fees  allowed  by  law  to  the  clerk,  referee  and  trustee,  the  matter  of 
the  ability  of  the  petitioner  to  pay  such  fees  shall  under  this  rule,  and  without  further 
order,  stand  referred  to  the  referee  to  whom  the  case  in  bankruptcy  is  referred,  to  take 
and  report  the  testimony  of  the  petitioner  in  relation  to  his  ability  to  pay  such  fees. 

RULE  V. 

Checks  or  warrants  drawTi  pursuant  to  No.  XXIX  of  the  General  Orders  in  Bank- 
ruptcy, adopted  and  established  by  the  Supreme  Court  of  the  United  States,  November 
29,  1898,  shall  be  countersigned  by  the  referee  having  jurisdiction  of  tlie  case  to  which 
the  moneys  so  drawn  against  belong. 

Copies  of  this  rule  and  of  said  general  order  shall  be  furnished  by  the  clerk  of 
this  Court  to  each  depository  within  this  district. 

RULE  VL 

When  there  are  no  assets  and  no  trustee  has  been  appointed,  and  no  application 
for  a  trustee  is  pending,  after  a  meeting  of  creditors  duly  called,  the  case  shall  be 
deemed  closed  for  the  purpose  of  the  payment  by  the  clerk  to  the  referee  of  the  deposit 
for  his  services  when  a  discharge  has  been  granted  or  refused  to  the  bankrupt,  or  when 
three  months  have  elapsed  after  the  first  meeting  of  creditors  without  an  application 
by  the  bankrupt  for  his  discharge. 

[872] 


RULES  IN  NORTHERN  DISTRICT  OF  CALIFORNIA.        873 

Where  a  trustee  has  been  appointed,  the  case  shall  be  deemed  closed,  and  the 
deposit  for  his  services  paid  to  him  on  the  confirmation  of  a  composition,  or  an 
approval  of  the  trustee's  final  account  and  payment  of  the  final  dividend,  or  npon 
the  trustee's  verified  report  that  no  assets  have  come  into  his  liands  or  were  discover- 
able. When  tlie  case  is  closed,  if  no  trustee  has  been  appointed,  the  deposit  for  trustee's 
services  shall  be  paid  by  the  clerk  to  the  bankrupt,  or  to  his  attorney  for  the  use  of 
said  bankrupt. 

RULE  VII. 

Questions  certified  by  the  referee  to  the  Judge  of  this  Court  for  liis  opinion,  shall 
be  placed  on  the  calendar  for  argument,  and  heard,  and  submitted  to  the  Court  for 
decision,  at  the  opening  of  the  Court  on  the  first  Saturday  after  the  filing  of  the  cer- 
tificate with  the  clerk,  unless  otherwise  ordered  by  the  Court. 

RULE  VIIL 
Discharge  and  Composition. 
Application  for  the  discharge  of  the  bankrui^t,  or  for  confirmation  of  a  compo- 
sition, duly  verified,  should  be  filed  in  the  first  instance  with  the  referee  in  charge,  who 
will  thereuijon  fix  a  day  for  the  hearing  before  the  Judge,  which  may  be  upon  any 
Saturday  at  10  a.  m.,  and  give  the  requisite  notices  thereof  to  all  creditors  or  other 
persons  interested,  and  thereafter  transmit  to  the  clerk  of  the  Court  two  days  prior 
to  the  return  day,  due  proof  of  the  service  of  such  notices,  together  with  the  petition 
for  discharge  or  composition.  On  the  return  day,  the  default  of  all  creditors  not 
appearing  in  opposition  to  the  discharge  or  composition  shall  be  entered.  Upon  due 
filing  of  written  specifications  of  the  grounds  of  opposition  to  the  discharge  or  com- 
position, the  same  shall,  unless  otherwise  ordered  by  the  Court,  be  referred  to  the 
referee  in  charge  to  take  the  proofs  and  testimony  offered  by  the  parties,  and  to 
ascertain  and  report  the  facts.  The  hearing  thereon  before  the  referee  may  be  brought 
on  by  either  party  on  four  days'  notice  to  the  other. 

RULE  IX. 

A  petition  for  a  review  by  the  Judge  of  an  order  made  by  the  referee,  as  provided 
in  General  Order  No.  XXVII  of  the  General  Orders  in  Bankruptcy,  must  be  filed  with 
the  referee  within  ten  days  from  the  date  of  notice  of  such  order,  unless,  for  good 
cause  shown,  such  time  is  extended. 

RULE  X. 

A  person  entitled  to  file  a  petition  for  review,  or  a  petition  for  the  re-examination 
of  any  claim  filed  against  the  bankrupt's  estate,  shall  at  the  time  of  filing,  deposit 
with  the  referee,  such  sxun  as  the  referee  may  designate  as  required  to  cover  the  cost 
of  such  proceeding. 


SOUTHERN  DISTRICT  OF  CALIFORNIA. 


RULE   I. 

Checks  or  warrants  drawn  pursuant  to  No.  XXIX  of  tlie  General  Orders  in  Bank- 
ruptcy, adopted  and  established  by  the  Supreme  Court  of  the  United  States,  Novem- 
ber 29,  1898,  shall  be  countersigned  by  the  Referee  having  jurisdiction  of  the  case  to 
which  the  moneys  so  drawn  against  belong.  Copies  of  this  rule  and  of  said  general 
order  shall  be  furnislied  by  the  Clerk  of  this  Court  to  each  depository  Avithin  the 
district. 

*  RULE  IX. 

It  is  ordered,  that  the  Referees  in  Bankruptcy  in  said  Court  be,  and  are  hereby 
vested  with  jurisdiction  in  all  bankruptcy  cases  within  the  limits  of  their  respective 
counties,  to  perform  all  the  duties  conferred  on  Courts  of  Bankruptcy,  which  Referees 
may  be  required  or  authorized  to  perform;  except  as  otherwise  provided  by  General 
Order  in  Bankruptcy,  No.  XII. 

RULE  XI. 

The  Clerk  shall  deliver  to  the  Referee  a  copy  of  the  order  of  reference,  or  trans- 
mit the  same  by  mail  to  the  Referees  having  their  offices  outside  of  the  city  of 
Los  Angeles,  and  thereafter  all  proceedings,  except  such  as  are  required  by  the  Bank- 
ruptcy Act,  to  be  had  before  the  Judge,  shall  be  had  before  the  Referee,  who  shall 
fix  the  time  when  and  the  place  where  he  will  act  upon  the  matters  arising  in  the  case. 

RULE  XII. 

The  petition  for  a  discharge,  or  for  a  confirmation  of  a  composition,  must  be 
filed  with  the  Clerk  of  the  Court.  No  discharge  will  be  granted  in  any  case  until 
there  has  been  filed  with  the  Clerk  a  report  or  certificate  of  the  Referee,  to  whom  said 
case  shall  have  been  referred,  that  the  bankrupt  has  in  all  things  conformed  to  the 
requirements  of  the  Act,  and  that  he  has  committed  none  of  the  oflfenses  and  done 
none  of  the  things  prohibited  in  subdivision  b  of  section  14  of  the  Act,  and  that  he 
is  in  the  opinion  of  the  Referee,  entitled  to  his  discharge. 

Adopted  November  27,  1914. 

RULE  XIII. 
The  order  to  show  cause  why  a  discharge  should  not  be  granted  may  be  entered 
by  the  Clerk,  or  his  deputy,  and  notice,  stating  the  time  and  place  of  the  hearing,  must 
be  given,  aa  provided  in  section  58  of  the  Act,  as  amended  June  25,  1910,  to  all  known 
creditors  and  other  persons  in  interest,  by  mail,  and  publication  once,  at  least 
thirty  (30)  days  prior  to  said  hearing.  If  no  creditor  or  other  party  in  interest 
appears  and  opposes,  the  discharge  shall  be  granted.  In  case  a  creditor  or  other  party 
in  interest  desires  to  oppose  the  granting  of  tlie  discharge,  he  shall  appear  on  the 
return  day,  and  thereafter  file  a  verified  specification  of  the  ground  of  his  opposition, 
as  provided  in  General  Order  XXXII. 

RULE  XIV. 

All  moneys  deposited  with  the  Clerk  for  the  fees  of  the  Referee  and  Trustee 
and  the  expenses  of  bankruptcy  proceedings  shall  be  deposited  by  the  Clerk  in  a 
designated  depository  of  the  United  States,  in  an  account  to  be  known  as  the  "  Bank- 
ruptcy Account"  of  the  Clerk  of  this  Court;  said  moneys  to  be  subject  to  checks 
signed  by  the  Clerk. 

(Promulgated   January   25,    1915.) 


♦  No  intervening  rules  in  bankruptcy. 

[874] 


KULES  IN  SOUTHERN  DISTRICT  OF  CALIFORNIA.  875 

SULE  XV. 

Both  in  voluntary  and  involuntary  cases  the  fees  and  commissions  of  Referees  and 
Trustees  shall  be  paid  immediately  after  such  fees  and  commissions  accrue  and  are 
earned. 

RULE  XVI. 

In  each  case  referred  to  the  Referee,  the  Referee  may  require  as  indemnity  for  liis 
expenses,  and  be  entitled  to  collect  in  advance  of  services  to  be  rendered,  and  shall  be 
allowed,  costs  and  expenditures  in  accordance  with  the  following  schedule: 

1.  Amounts  required  to  be  paid  for  advertising. 

2.  For  all  clerical  aid  in  preparing  advertisements  and  notices  to  creditors  of 
first  meeting,  mailing  the  same,  and  proof  thereof,  keeping  register,  files  and 
records,  and  preparing  typewritten  memoranda  of  proceedings  prior  to  the  first 
meeting  of  creditors,  including  stationery,  envelopes,  printing,  letters,  messages 

and  all  petty  expenses .$5  00 

(In  the  final  account  this  item  may  be  called  "  clerical  aid,  etc.,  prior  to  first 
meeting  "). 

3.  For  similar  clerical  aid  for  each  of  tlie  matters  mentioned  in  section  58, 
subdivision  a,  to  be  paid  by  the  person  or  persons  at  whose  instance  and  request 

said  meeting  is  held 5  00 

4.  If  notices  to  creditors  exceed  25  in  number,  in  addition  to  the  above  for 

each  notice  in  excess  of  25  (tlie  number  of  creditors  to  be  stated) 10 

5.  For  clerical  aid  in  taking  and  keeping  notes  and  records  of  proceedings  at 
first  meeting  of  creditors  up  to  choice  or  appointment  and  qualification  of 
Trustee 2  50 

6.  For  every  other  meeting  of  creditors,  including  any  and  every  adjourned 
meeting 1  50 

7.  For  clerical  aid  in  taking  and  perpetuating  testimony  on  the  examination 
of  the  bankrupt  or  otlier  persons  before  the  Referee,  the  actual  expenses  of  the 
stenographer,  not  exceeding  $10  a  day,  and  when  the  same  is  transcribed  then  an 
additional  rate  shall  be  allowed  of  ten  cents  per  folio  for  taking  and  transcribing. 

8.  For  certifying  question  to  the  Judge  for  review,  with  necessary  record..     3  00 

and  for  making  copies  of  orders  or  other  papers,  each 50 

if  exceeding  one  page 25 

additional  for  each  page,  to  be  paid  by  the  party  ordering  it. 

For  certifying  to  any  order 50 

For  certificate  of  Referee  on  application  for  discharge 2  00 

RULE  XVII. 

Xo  Receiver  or  Trustee  in  bankruptcy  heretofore  or  hereafter  appointed  or  elected 
in  any  bankruptcy  proceeding,  in  this  district,  shall  hereafter  employ  an  attorney  at 
the  expense  of  the  bankrupt  estate,  except  on  the  order  of  the  Court  or  Referee,  based 
on  a  petition  showing  the  reasons  and  necessity  for  the  employment,  and  the  name  of 
the  attorney  it  is  proposed  shall  be  employed.  Attorneys  employed  in  violation  of  this 
rule  shall  receive  no  compensation. 
Adopted  November  19,  1915. 

RULE  XVIII. 

Upon  the  filing  of  a  petition  for  discharge  in  a  bankruptcy  matter,  the  bankrupt 
shall  be  required  to  pay  to  the  Clerk  the  sum  of  two  dollars  to  cover  the  cost  of  mail- 
ing notices  to  creditors. 

RULE  XIX. 

No  order  to  show  cause  why  a  discharge  should  not  be  granted  in  a  bankruptcy 
matter  shall  be  placed  upon  the  calendar  for  hearings  until  the  Referee's  certificate  of 
compliance  and  the  affidavit  of  publication  shall  have  been  on  file  in  the  Clerk's  office 
for  five  days  prior  to  the  date  for  hearing. 


876 


CONVENIENT  TIME  TABLE  OF  PROCEDURE. 


CONVENIENT  TIME  TABLE  OF  PROCEDURE. 


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GENERAL  INDEX. 


GENERAL  INDEX, 


A 

ACCEPTANCE :  page 

of  oflfer  of  composition , 474 

ACCOUXT: 

oath  to  final 138,  323 

final,  notice  to  creditors 226 

of  receiver 137 

of  trustee  322 

order  passing  and  allowing 227 

notice  of  hearing,  receiver's 140 

exceptions  to  receiver's 141 

exceptions  to   trustee's 325 

report  of  special  master  on 143 

order  passing  trustee's 227 

ACKNOWLEDGMENT:      (See  Oath.) 

by  partnership  to  letter  of  attorney 255 

by  corporation  to  letter  of  attorney 256 

ACTIONS:      (See  Suit,  Receiver,  Trustee.) 

ACTS  OF  BANKEUPTCY: 

admission  of   53 

by  directors  of  a  corporation 53 

enumerated  generally 38,  39,  40,  41 

trial  by  jury  of  issue 65 

ADJUDICATION : 

order  denying 74 

notice  of 166 

effect  of 70,  71,  72 

order  of 69 

order  of,  by  referee 73 

partnership  and  individual 71 

principal  place  of  business 44 

petition  to  vacate 89,  90 

petition  to  vacate  in  involuntary  proceedings 90 

when  order  may  be  entered 70 

consent  to 68 

no  collateral  attack  upon 71 

ADMISSION: 

of  inability  to  pay  debts,  etc 53 

881 


882  GENERAL  INDEX. 

ADVERSE  CLAIMANTS:  page 

consent  to  jurisdiction 554 

meaning  of  term 201,  202 

AFFIDAVIT: 

of  attorney  to  conform  to  rule  as  to  retainer 122 

by  receiver  for  leave  to  begin  action 129 

of  pauper  in  voluntary  proceedings 29 

and  order  to  show  cause  to  punish  bankrupt  for  failure  to  file  schedules 84 

to  list  of  creditors  by  petitioning  creditors 87 

of  bankrupt  as  to  exemptions 183 

of  lost  bill  or  note 253 

of  mailing  notices   170 

of  publication 169 

of  trustee  upon  assessment  for  personal  taxes  against  estate 301 

to  intervene  in  State  Court  action  by  trustee 307 

to  stay  sale  by  trustee,  of  mortgaged  chattels 414 

to  stay  suit    (Supplementary  Proceedings) 413 

of  mailing  notice  of  petition  of  bankrupt  for  discharge 425 

that  no  specifications  have  been  filed 431 

for  cancellation  of  a  judgment 464 

to  dissolve  lien  of  attachment 519 

AGENT : 

proof  of  claims  by.      (See  Claims.) 

ALABAMA : 

rules  in  bankruptcy 850-858 

AMENDMENT: 

of  petition,  petition  for 95 

of  specifications    446 

of   discharge    430 

of  proof  of  claim 239 

of  schedules    181,  182 

of  record  on  appeal,  order  of 631 

of  printed  record  on  appeal  and  directing  printing,  order  of 632 

ANCILLARY  PROCEEDINGS: 

petition  for  appointment  of  receiver  in 159 

order  thereon    162 

petition  for  leave  to  obtain  order  of  examination  in 353 

order  granting  leave  to  apply  for 354 

petition  in,  for  examination 355 

order  of  examination  in 356 

ANSWER: 

of    alleged    bankrupt 57,  58 

alleging  more  than  twelve  creditors 60 

denying  bankruptcy 57 

of  creditor    62 

order  extending  time  to 67 

consent  to  withdraw 68 

in  reclamation  proceedings 315 


GENERAL  INDEX.  883 

ANSWER  —  Continued.  page 

of  bankrupt  to  rule  to  show  cause  for  contempt 534 

of  assignee    for    benefit   of    creditors    to    rule    to    turn   over    property   to   re- 
ceiver     545 

APPEAL:      (See  Petition,  Review,  Writs  of  Error.) 

petition    for,    to    Circuit    Court    of    Appeals    from    order    denying    discharge 

and  order  allowing  same 612 

citation  on 620 

assignment  of  errors 621 

bond  on    622 

bond  on,  notice  of  filing  of 624 

praecipe 626 

stipulation  as  to  praecipe 627 

stipulation  as  to  record  on 625,  628 

appearance  of  counsel  on 630 

order  amending  record  on 631 

order  amending  printed  record  and  directing  printing 632 

petition  to  restore,  to  calendar 633 

order  for  mandate 634 

mandate 635 

decree  after  mandate  of  reversal 637 

order  on  mandate   636 

petition    for    appeal    from    a    Circuit    Court    of    Appeals    to    the    Supreme 

Court  of  the  U.  S 649 

order    allowing    appeal    from    a    Circuit    Court    of    Appeals   to   the    Supreme 

Court  of  the  U.  S 652 

APPEARANCE : 

notice  of,  by  bankrupt  or  creditor 49 

by  objecting  creditor  to  discharge 430 

of  objecting  creditor  on  composition 487 

of  counsel  on  appeal 630 

APPOINTMENT: 

oath  and  report  of  appraisers 219 

of  trustee  by  referee 175 

APPRAISERS: 

oath  and   appointment  of 219 

petition  for  allowance  by 220 

ASSESSMENT: 

order  directing,  for  unpaid  stock  subscriptions 589 

petition  to  levy 586 

ASSETS: 

order  directing  delivery  to  trustee,  etc.,  by  receiver 133 

petition  that  bankrupt  turn  over  assets 198 

order  directing  bankrupt  to  turn  over  assets 203 

petition  for  leave  to  reject  as  burdensome 297 

order  authorizing  trustee  to  reject  as  burdensome 298 

trustee's  return  of  no  assets 320 


S84  GENERAL  INDEX. 

ASSIGNED  CLAIMS:  Pagf, 

proof,  how  made 237 

ASSIGNEE : 

answer  of,  to  rule  to  turn  over  property  to  receiver 545 

jurisdiction  to  compel  accounting  by 546 

allowance  to   546 

attorneys  for  assignee 547 

ASSIGN]\IENT  OF  ERRORS 621 

ATTACHMENT: 

affidavit  to  dissolve  lien  of 519 

notice  of  motion  to  dissolve  lien  of 521 

order  dissolving  lien  of 522 

priority   of  costs  in 278 

ATTORNEY: 

petition  of  receiver  to  retain 121 

affidavit  of  attorney  thereon 122 

order  authorizing  retention 123 

petition  of  receiver's,  for  allowance 142 

order  appointing  for  trustee 179 

petition  to  reconsider  fee  of 204 

order  that  attorney  repay   money 205 

order  fixing  allowance  of  bankrupt's 228 

appearance  of,  on   appeal 630 

petition  of,  for  additional  compensation 327 

certificate  of  referee  thereon 328 

order  allowing  additional  compensation  to 330 

petition  for  allowance  to,  of  petitioning  creditors 543 

ATTORNEY  IN  FACT: 

proorf  of  claim  by 247,  248 

power   of   attorney   to,   general 254 

special     256 

ATTORNEY  GENERAL: 

report  for,  of  Referee  in  bankruptcy  to  clerk 551 

AUCTIONEERS : 

notice  of  taxation  of  charges  of 397 

B 

BANKS: 

order  designating  depository  of  bankruptcy  funds 548 

bond   of   depository 550 

BANKRUPT: 

willingness   to   be   ad  judged 53 

answer  of,  denying  insolvency 57 

alleging  more  than  twelve  creditors 60 

general  answer  of 58 

order  for  examination  of 339 


GENERAL  INDEX.  885 

BANKRUPT  —  Continued,  page 

form    of   examination   of 350 

petition    for    discharge   of 421 

answer  of,  to  rule  to  show  cause  for  contempt 534 

attorney   for,  allowance  of 228 

BANKRUPTCY  ACT  OF  1898: 

as    amended    1910 665-701 

index    to     702-714 

BILL  IN  EQUITY : 

to  recover  a  preference 558 

to  set  aside  mortgage  under  sec.  67-e  within  four  months'  period  where  prop- 
erty has  been  sold  free  and  clear  of  liens 560 

for  conspiracy  to  defraud  creditors 581 

BILL  OF  COSTS  AND  NOTICE  OF  TAXATION  IN  RECLAMATION 517 

respondent's  bill  of  costs  and  notice 83> 

BILL  OF  SALE: 

of  personal  property  by  trustee 299 

complaint  to  set  aside  under  sec.  70,  made  beyond  four  months  period 574 

BOND: 

to  marshal  for  release  of  property 104 

to  marshal  bj'  petitioning  creditors 104 

petition   that   petitioners'   be   increased 113 

order  denying  petition  to  increase 115 

of  petitioning  creditor HI 

of   receiver    118 

of    referee    165 

of   trustee    289 

order   approving  trustee's 177 

in  reclamation  proceedings  for  possession  of  property 510 

of    depository    550 

on   appeal    622 

notice  of  filing  of  on  appeal 624 

on  ne   exeat    598 

BURDENSOME  PROPERTY: 

petition  for  leave  to  reject  assets  as 297 

order  authorizing  trustee  to  reject  assets  as 298 

BUSINESS  OF  BANKRUPT: 

petition  by  receiver  to  continue 124 

order   authorizing  receiver  to  continue 125 

c 

CALENDAR : 

petition  to  restore  appeal  to 633 

CALIFORNIA: 

rules    in    bankruptcy,    N.    D 872-873 

rules  in  bankruptcy,  S.   D 874,  877 


886  GENERAL  INDEX. 

CERTIFICATE :  page 

of  falsity  of  pauper  affidavit 192 

of  contempt  for  failure  to  obey  summary  order 213 

for  failure  of  witness  to  appear 214 

on   review   by   referee 211 

of    default   of    witness 214 

closing  case  for  laches 215 

of   referee's   indemnity 230 

of  disqualification  by  referee 21fi 

of  referee  on  application  for  additional  compensation 330 

of  commissioner  on  deposition 360 

of  referee  on  discharge 427 

of  deposit  on  composition 477 

of    referee   on    composition 482 

of  question  in  a  bankruptcy  proceeding  by  a  Circuit  Court  of  Appeals  to  the 

Supreme  Court 662 

receiver's 156 

petition  to  issue  receiver's 151 

order  authorizing  issuance  of  receiver's 152 

of  question  of  jurisdiction  to  Supreme  Court 661 

CERTIORARI:     (See  Writs.) 

CIRCUIT  COURT  OF  APPEALS:      (See  Appeals,  Writs.) 

CITATION: 

on  appeal   620 

CLAIM : 

proof  of,  unsecured 235 

proof    of,    secured    241 

due  corporation,  proof  of 244 

by  partnership,  proof  of 245 

by  agent  or  attorney,  proof  of 247 

by  agent  or  attorney,  proof  of  secured 248 

by  trustee  in  bankruptcy,  proof  of 252 

for   wages,   proof   of 251 

proof  of  priority,  for   taxes 249 

objections  to    258 

be  reconsidered,  petition  that 260 

notice   thereon    263 

order  to  show  cause  wliy  claim  should  not  be  reconsidered,  reduced  or  expunged  264 

order  reducing  or  expunging 265 

order   allowing    266 

petition    to    pay    priority 273 

order  directing  payment  of  priority 279 

petition  to  review  order  rejecting 280 

petition  that  all  claims  to  securities,  etc.,  be  presented  and  referred 281 

order  to  show  cause  thereon 283 

"  Omnibus  Order  "  referring  claims  to  securities,  etc.,  to   Special  Master  for 
determination    og.! 

CLAIMS: 

provable    266 

non-provable     268 


GENERAL  INDEX.  887 

CLAIMS  —  Continued.  page 

contingent    271 

unliquidated    27 1 

CLERKS  : 

report  of  referee  to,  for  attorney-general 551 

COLORADO: 

rules   in  bankruptcy 841-843 

COMPENSATION:      (See  Receiver,  Trustee,  Attorney.) 

COMPLAINT : 

upon    promissory   note 553 

against  defaulting  purchaser  for  deficiency  upon  resale 556 

to  set  aside  under  sec.  70,  bill  of  sale  made  beyond  four  months'  period 574 

to  declare  secret  trust 571 

to  recover  unpaid  stock  subscriptions 590 

COMPOSITION: 

offer  of   468 

petition  for  meeting  to  consider 470 

petition  for  appointment  of  referee  and  staying  adjudication 471 

order  appointing  referee  and  staying  adjudication 472 

notice  of  meeting  to  consider,  before  adjudication 473 

acceptance  of  offer  of 474 

application    for   confirmation   of 479 

arrangement  of  papers  thereon 483 

certificate  of  deposit  thereon 477 

notice  to  creditors  for  publication 481 

notice  to  creditors  to  show  cause 480 

referee's  certificate  thereon 482 

order  confirming  and  making  distribution 483 

notice  of  appearance  of  objecting  creditor 487 

specifications  of  objection  to 488 

exceptions  to  specifications 491 

report  of  special  master  on  specifications 492 

order  refusing   confirmation 493 

petition   to   set   aside 494 

order  setting  aside 497 

COMPROMISE  OF  CONTROVERSY : 

petition  of  trustee  for  meeting  to  consider 194 

order    authorizing 196 

notice  to  creditors  of 195 

CONDITIONAL  SALE :      ( See  Reclamation. ) 

CONFESSION  OF  BANKRUPTCY.     (See  Admission.) 

CONNECTICUT: 

rules  in  bankruptcy 776-780 

CONSENT : 

to    withdraw    answer 68 

of  bankrupt  to  appointment  of  receiver 110 


888  GENERAL  INDEX. 

CONSPIRACY :                                                                                                 '  PAUE 

to  defraud  creditors,  bill  in  equity  for ; 581 

CONTEMPT  OF  COURT: 

certificate    of     215 

order   adjudging   bankrupt   in 535 

answer  of  bankrupt  to  rule  to  show  cause  for 534 

order  purging  of 539 

CONTRACTS : 

order  authorizing  receiver  to  complete 128 

CONTROVERSIES:      (See  Compromise.) 

COPYRIGHTS: 

ordev  that  trustee  transfer 193 

CORPORATION: 

acknowledgement  by  to  letter  of  Attorney 256 

proof  of  claim  by 244 

admission   of   bankruptcy   by 53 

voluntary  petition  by,  with  resolution  of  directors 23 

involuntary  petition  against 43 

COSTS : 

demand  for  security  for,  from  trustee  .plaintiff 317 

order  requiring  trustee  to  give  security  for 318 

CREDITORS: 

answer   of,   to   involuntary   petition .     62 

petition  for  meeting  of,  to  consider  an  oiler  of  composition 470 

CRIMINATING    QUESTIONS: 

rules   as   to 337 

COUNSEL:       (See  Attorney.) 

appearance   of,  on   appeal 630 

D 

DEBTS: 

admission  of  inability  to  pay 53 

what    are    dischargeable 441,  442 

DECREE: 

in  District  Court  after  mandate  of  reversal  in  equity  suit 637 

DEED: 

to  real  property  by  trustee 300 

DEFAULTING  PURCHASER: 

complaint  against,  for  deficiency  upon  resale 556 

DEMAND : 

for  jury  trial 63 

for  security  for  costs  from  trustee  plaintiff 317 

in  reclamation    498 


GENERAL  INDEX.  889 

DENIAL  OF  BANKRUPTCY:  page 

by  bankrupt 57 

DEPOSIT: 

certificate   of,  on  composition 477 

DEPOSITIONS: 

notice  of  taking,  (de  bene  esse) SST 

form    of 359 

certificate  of  commissioner  or  notary 36U 

DEPOSITORIES: 

orders  designating,  for  bankruptcy  funds ,. 548 

bond    of    5o0 

DISCHARGE : 

bankrupt's   petition   for 421 

order  to  show  cause  thereon 424 

affidavit  of  mailing  notice  of  petition  for  discharge  of  bankrupt 425 

notice  on  same  for  publication 426 

referee's  certificate   on 427 

arrangement  of  papers  on,  as  required  in  Southern  District  of  New  York..  ..  424 

order    of     428 

notice  of  appearance  of  objecting  creditors  on 430 

aflBdavit  that  no  specifications  have  been  filed 431 

specifications  of  objection  to 432 

exceptions  to  specifications 445 

petition  to  amend  sj^ecifications 446 

order  autliorizing  trustee  to  file  objections 448 

order  of  reference  to  Special  Master 449 

notice  of  hearing  before  Special  Master 450 

report  of  Special  Master  on  specifications 452 

arrangement  of  papers  on   contested  discliarge   in   Soutliern   District   of  New 

York    454 

order  opening  default  on  discharge  proceedings 455 

order  denying  discharge  on  report  of  Special  Master 456 

petition  for  extension  of  time  to  apply  for 457 

referee's  certificate  on  application  for  extension  of  time 458 

order  extending  time  to  apply  for 459 

affidavit  for  cancellation  of  a  judgment   (New  York  practice) 464 

order  cancelling  judgment  ( New  Y'ork  practice) 465 

petition  to  revoke 460 

order  revoking   461 

denying  or  allowing,  petition  for  appeal  to  Circuit  Court  of  Appeals  from.  .  . .  612 

DISMISSAL:      (See  Petition,  Specifications.) 

DISTRIBUTION: 

order   of,    on   composition 483 

DIVIDEND : 

order  declaring  first 222 

sheet     222 

notice  of  and  warrant 224 

order    declaring   final 227 


890  GENERAL  INDEX. 

PAGE 

DOCUMENTS:     (See  Subpoena,  duces  tecum.) 

DOMICILE: 

and  residence  distinguished 32 

E 

EMPLOYEES:    (See  Wages,  Wage  Earners.) 

ENCUMBRANCES: 

free  and  clear  of  (see  Sales). 

EQUITY : 

bill   in,   to   set   aside   mortgage  under   sec.   67-e,   within   four   months'   period, 

where  property  has  been  sold  free  and  clear  of  liens 560 

bill  in,  for  conspiracy  to  defraud  creditors 581 

ERRORS: 

assignment    of    621 

EXAMINATION  OF  BANKRUPT: 

order  for    339 

order  for  before  Commissioner 335 

petition   therefor    333 

form   of    350 

EXAMINATION  OF  THIRD  PERSONS:      (See  Witness.) 

petition  by  receiver  under  sec.  21-a 333 

order   therefor    335 

petition  by  trustee  and  for  subpoena 340 

order  therefor  341 

petition  that  marshal  produce  prisoner 342 

order  thereon    343 

form    of     350 

EXCEPTIONS: 

to  referee's  order   207 

to  Master's  report  on  issues  of  bankruptcy 79 

to  trustee's  report  on  exemptions 293 

to  specifications  of  objection  to  discharge 445 

to  specifications  of  objection  to  confirmation  of  a  composition 491 

to  receiver's  account 141 

to  trustee's  account 325 

EXECUTIONS:      (See  Sheriflf.) 

order  dissolving  lien  of 525 

when    lien    dissolved 526 

EXEMPTIONS : 

affidavit  of  bankrupt  as  to 183 

order  allowing,  when  no  trustee 184 

petition  for  review  of  order  on 18.1 

trustee's  report  on 292 

exceptions    to    same 203 


GENERAL  INDEX.  891 

EXEMPTION'S  —  Continued.  page 

order  allowing,  on  report 294 

notes  containing  waiver  of 18!> 

in    homesteads    191 

practice  on    188 

in    partnership    assets 190 

F 

FALSE  OATH:      (See  Discharge,  Acts  of  Bankruptcy,  Examinations.) 

FARMERS: 

may  not  be  adjudged  involuntary  bankrupt 33 

FILING  FEES:      (See  Petition,  Claim,  Referee.) 

FRAUDULENT   TRANSFERS:      (See   Suits,    Trustee,   Discharge,   Acts   of    Bank- 
ruptcy. ) 

G 

CxARNISHMENT: 

petition  to  dissolve  lien  of 527 

notice  of  motion   thereon 529 

order  dissolving  lien  of 530 

GENERAL  ASSIGNMENT: 

as  an  act  of  bankruptcy 40,  41 

GENERAL  ORDERS : 

of  Supreme  Court   715-736 

H 

HABEAS  CORPUS: 

petition    for    writ    of 600 

writ    of     602 

HEARING:      (See  Eeferee,  Examination.) 

HOMESTEADS : 

exemptions    of    191 

I 

ILLINOIS : 

rules  in  bankruptcy,  northern  district,  E.  D 826-820 

INDEMNITY: 

referee's  certificate  of 230 

INDIANA: 

rules    in    bankruptcy 824-825 

INDICTMENT: 

for  concealment  of  assets 604 

for  perjury  in  bankruptcy  proceeding. 607 

notes    on  ' 608,  609,  610 


892  GENERAL  INDEX. 

INFANT:  PAGli 

may  file  voluntary  petition 19i 

INJUNCTIONS:      (See  Restraining  Orders.) 

INSOLVENCY: 

appointment  of  receiver  by  reason  of 41,  42 

INTERVENTION: 

petition    for    5ft 

order    allowing     51 

aflSdavit  of  trustee  to  intervene  in  State  Court  action 307 

order  allowing  trustee  to  intervene 30& 

INVOLUNTARY   PROCEEDINGS:     (See  Petition.) 

order  dismissing  by  consent 75 

INVOLUNTARY  PETITION: 

by  three  creditors  against  individual 30 

by  one  creditor  against  partnership 45. 

against  corporation  43. 

J 

JUDGMENT: 

cancellation  of,  application  for 464r 

in  reclamation  for  delivery,  etc 515. 

JURISDICTION:      (See  Appeals,  Writs  of  Error,  Suits  by  Trustee.) 

JURY  TRIAL: 

demand    for 63- 

order  for    65. 

L 

LEASE: 

Notice  of  adoption  of,  by  trustee 30? 

order  requiring  trustee  to  adopt  or  reject 302: 

LEGAL  PROCEEDINGS : 

order  directing  trustee  to  abandon 309' 

LETTER  OF  ATTORNEY: 

general    254 

special     256 

acknowledgment  by  partnership  to 255 

acknowledgment  by  corporation  to 256 

LIEN: 

of  attachment,  affidavit  to  dissolve 519* 

of  attachment  notice  of  motion  to  dissolve 521 

LIENOR: 

answer  of,  to  receiver's  petition  to  issue  certificates 155 


GENERAL  IInDEX.  893 

I.IQUIDA1  ION  OF  CLAIM:  page 

by    litigation     239-24» 

LOST  BILL  OR  NOTE: 

affidavit  of 253 

LOUISIANA: 

rules  in  bankruptcy,  Eastern  district 85^866 

LUNATIC: 

when  may  be  adjudged  bankrupt 33 


M 

MANDAMUS: 

petition  for  writ  of 603 

MANDATE: 

form  of    635 

order    for     634 

order   on    636 

MARRIED  WOMEN: 

when  may  be  adjudged  bankrupt 33 

MARSHAL: 

return  of,  on  subpoena  to  alleged  bankrupt 47 

warrant  to  and  return , 102 

bond  to,  for  release  of  property 104 

bond  of  petitioning  creditors  to 104 

petition  to  produce  prisoner  for  examination 342 

order  thereon    343 

MARYLAND: 

rules  in  bankruptcy 806-809 

MASSACHUSETTS : 

rules   in  bankruptcy 773-775 

MEETING  OF  CREDITORS: 

order  for,  after  thirty  days 167 

notice   of    lirst : 168 

list  of  debts  proved  at  first 171 

MISSOURI : 

rules  in  bankruptcy.  Eastern  district 830-337 

MONEY:     (See  Depositories.) 

MORTGAGE : 

bill  in  equity  to  set  aside  under  sec.  67-e,  within  four  months'  period  where 
property  has  been  sold  free  and  clear  of  liens 560 

MOTION: 

to  dismiss  petition  for  defects  on  face  of  petition 56 

to  vacate  adjudication,  notice  of 89 


894  GENERAL  INDEX. 

MOTION  —  Continued.  page 

to  confirm  report  of  Special  Master 145 

notice  of,  to  dissolve  lien  of  attachment 521 

notice  of,  for  stay  pending  review 647 

N 

NEBRASKA: 

rules    in    bankruptcy 838-840 

NE  EXEAT: 

order  in  nature  of 596 

bond  on    598 

NEW  JERSEY: 

rules  in  bankruptcy    781-792 

NEWSPAPERS : 

designation  of.      (See  rules.) 

NEW  YORK: 

rules  in  bankruptcy,  E.  D 757-762 

rules  in  bankruptcy,  N.  D 749-756 

rules  in  bankruptcy,  S.   D 739-748 

rules  in  bankruptcy,   W.   D 763-772 

NOTE : 

complaint   upon   promissory 553 

NOTARY  PUBLIC: 

certificate   of,    on    deposition 360 

NOTICE: 

of  appearance  by  bankrupt  or  creditor 49 

of    trial     66 

of  hearing  before  special  master 78 

of  motion  to  confirm  report 145 

of  adjudication     166 

of  first  meeting  of  creditors 168 

of  defective  proof  of  debt 180 

to  trustee   of   appointment 176 

of   special   meeting 195 

of  dividend  and  warrant 224 

of    final   meeting 226 

to  claimant  that  claim  is  to  be  reconsidered 26;? 

of  adoption  of  lease  by  trustee 303 

to  trustee  to  file  report 178 

of  meeting  to  elect  new  trustee 316 

of  taking  deposition    (de  bene  esse) 357 

of  sale  by  receiver 370 

of  sale  upon  sealed  bids 371 

of  sale  by  trustee   373 

of  sale,  N.  J.  practice 381 

of  motion  to  sell  free  of  liens 388 

of  taxation  of  auctioneer's  charges 397 


GENERAL  INDEX.  895 

NOTICE  —  Continued.  page 

of  petition  for  bankrupt's  discharge,  for  publication 426 

of  appearance  of  objecting  creditor  to  discharge 430 

of  hearing  before  special  master  on  specitications  of  objection  to  discharge.  ..  450 

of  meeting  to  consider  composition  before  adjudication 473 

of  confirmation  of  a  composition 481 

of  appearance  on  contested  composition 487 

of  motion  on  petition  to  reclaim 504 

of  taxation  of  bill  of  costs  in  reclamation 517 

of  motion  to  dissolve  lien  of  attachment 5"22 

of  filing  of  bond  on  appeal 624 

of  motion  for  stay  pending  review 647 

of  filing  petition  to  review 646 

0 

OATH: 

to  schedules   8,  17 

to  petition  in  bankruptcy 4 

to  list  of  creditors   by   petitioners 87 

of  oflSce,    by    referee 165 

to  final  account  of  trustee 323 

of  appraisers    219 

OBJECTIONS : 

to  receiver's   account    141 

to  proof   of   debt 258 

to  trustee's   account    325 

to  discharge,   specifications   of 432 

to  composition,  specifications  of 488 

OFFENSES:    (See  Discharge.) 

OFFER: 

of  composition 468 

petition  for  meeting  to  consider 470 

acceptance  of 474 

OHIO: 

rules  in  bankruptcy,  S.  D 819-823 

ORDEK: 

denying  motion  to  dismiss  petition  for  defects  on  face 56 

allowing  intervention -51 

for  jury  trial 65 

denying   increase   of  bond 115 

of  adjudication   and  reference 60 

of  reference  in  judge's  absence 72 

of  adjiulication  by  referee 73 

denying  adjudication    74 

dismissing   petition,  etc 75 

referring  issues  to  special  master 77 

overruling  report  of  special  master 80 

upon  report  of  master  dismissing  petition 80,  81 

directing  bankrupt  to  file  schedules 86 


896  GENERAL  INDEX. 

ORDER  —  Continued.  pagk 

dismissing  proceeding  upon  consent 88 

of    publication    94 

transferring  proceeding  to  another  district 99 

extending  time  to  answer 67 

appointing    temporary   receiver 107 

appointing   receiver  after  adjudication 117 

authorization  retention  of  counsel 123 

authorizing  receiver  to  continue  business 125 

discharging  liens    127 

that  receiver  complete  contracts 128 

authorizing  receiver  to  begin  action 130 

permitting  receiver  to  join  in  petition 131 

permitting  suit  against  receiver 132 

directing  delivery  of  assets  to  trustee 133 

confinning  report  of  special  master 146 

confirming  report  upon  dismissal  of  petition 148 

Tacating   receivership    149 

authorizing  issuance  of  receiver's  certificates 152 

appointing    ancillary    receiver 162 

for  first  meeting  after  thirty  days 167 

approving    trustee's    bond 177 

that  no  trustee  be  appointed 177 

appointing  attorney   for  trustee 179 

amending    schedules    182 

allowing  exemptions,  when  no  trustee 184 

that  trustee  transfer  copyright 193 

authorizing  compromise   196 

that  bankrupt  turn  over  concealed  assets 203 

that  attorney  repay  moneys 205 

declaring  first  dividend 222 

passing  trustee's  account  and  declaring  dividend 227 

that  trustee  pay  dividend  heretofore  declared 225 

granting  allowance  to  bankrupt's  attorney 228 

substituting    referee    217 

of  protection  from  arrest 233 

for  re-examination  of  claim 262 

to  show  cause  why  claim  should  not  be  reconsidered,  reduced  or  expunged ....  264 

reducing   or   expunging   claim 265 

allowing  claim    266 

for  liquidation  of  claim 272 

directing  pajTuent  of  priority  claims 279 

to  show   cause   on   petition   that    all   claims   to    securities    be   presented    and 

referred     281 

"  Omnibus,"  referring  claims  to  securities,  etc.,  to  special  master  for  determi- 
nation       285 

allowing  exemptions  on  report 294 

authorizing  trustee  to  reject  assets  as  burdensome 297 

for  trustee  to  continue  business  of  bankrupt 296 

for  examination  under  section  21-a 335 

for  examination  of  bankrupt 339 

for  examination  before  referee 341 

that  marshal  produce  prisoner  for  examination 343 

that  witness  sign  testimony 352 


GENERAL  INDEX.  897 

ORDER  —  Continued.  PACE 

granting  leave  for  ancillary  examination 353 

for  ancillary  examination 356 

for  appraisal  and  sale  before  adjudication 364 

for  appraisal  and  sale  upon  sealed  bids 369 

for  private  sale  by  trustee 375 

for  sale  at  auction  of  real  estate 377 

authorizing  trustee  to  file  objections 448 

for  sale  subject  to  lien 380 

directing  sale  free  and  clear  of  liens 390 

confirming    sale    395 

for  resale  upon  default 398 

to  show  cause  to  vacate  sale 401 

allowing  trustee  to  intervene 306,  308 

directing  trustee  to  abandon  legal  proceedings 309 

ratifying  acts  of  trustee 310 

to  show  cause  on  petition  for  removal  of  trustee 311 

for  removal  of  trustee 313 

for  choice  of  new  trustee 315 

requiring  trustee  to  give  security  for  costs 318 

requiring  trustee  to  adopt  or  reject  lease 302 

authorizing  trustee  to   sue 305 

requiring  trustee  to  file  final  account 319 

allowing  additional  compensation  to  attorney  for  trustee 330 

discharging   trustee    332 

to  show  cause  for  an  injunction 405 

injunction 406 

staying  suit  in  state  court 412 

vacating  stay    » 419 

to  show  cause  on  bankrupt's  petition  for  discharge 424 

of  discharge    428 

authorizing  trustee  to  file  objections 448 

of  reference  to  special  master  on  speci-fications  of  objection  to  discharge 449 

opening  default  on  discharge  proceeding 455 

denying  discharge  upon  report  of  special  master 456 

extending  time  to  apply  for  discharge 459 

revoking   discharge    461 

to  show  cause  to  confirm  a  composition 480 

for  deposit  on  composition 476 

confirming  a  composition  and  making  distribution 483 

refusing  to  confirm  a.  composition 493 

setting  aside  a  composition 497 

of  reference  to  special  master  in  reclamation  proceedings 513 

dismissing   reclamation    512 

for  delivery  of  goods  in  reclamation 515 

dissolving   lien  of  attachment 522 

dissolving  lien  of  execution 525 

dissolving  lien  of  garnishment 530 

for  payment  of  sheriff's  fees 532 

adjudging  bankrupt  in  contempt 535 

purging   of   contempt 539 

reopening   estate    542 

designating  depository  of  bankruptcy  funds 548 

directing  assessment  for  unpaid  stock  subscriptions 589 


898  GENERAL  INDEX. 

OEDER  —  Continued.  pagi; 

amending  record  on  appeal   G31 

amending  printed -record  on  appeal  and  directing  printing 632 

for  mandate    634 

on  mandate   63!> 

staving  proceedings  pending  review  under  section  24-b 64S 

allowing  appeal  from  a  Circuit  Court  of  Appeals  to  the  Supreme  Court  of  the 

United  States    652 

of  ne  exeat 5!!6 

general  orders  of  Supreme  Court 715-730 

OREGON: 

rules  in   bankruptcy 870-87 1 

P 

PARTNERS:      (See  Partnership.) 

what  non-assenting  may  plead 28 

PARTNERSHIP:      (See  Claims.) 

petition     25 

all  partners  not  joining    27 

involuntary   against    43 

acknowledgment  by,  to  letter  of  attorney 255 

PAUPER : 

certificate  of  falsity  of  affidavit  in 192 

when  bankrupt  may  file  in  forma  pauperis 30 

affidavit   of    29 

PEN^TSYLVANIA : 

rules  in  bankruptcy,  E.   D 793-794 

rules  in  bankruptcy,  W.  D 79.5-800 

rules  in  bankruptcy,  W.  D.,  Allegheny  county 801-805 

PENSION  MONEY: 

exemption    of 190 

PERISHABLE  PROPERTY: 

petition  by  receiver  for  sale  of 372 

petition  and  order  by  referee  for  sale  of 378 

what    is 379' 

PERSONAL  PROPER!  Y  :      ( See  Sales. ) 

•  trustee's  bill  of  sale  of 299 

PETITION: 

debtor's  voluntary   4 

voluntary   by   corporation 23 

partnership    25 

all  partners   not  joining 27 

involuntary  by  three  creditors 30 

involuntary   against  corporation 43 

involuntary  by  one  creditor  against  partnership 45 

to   intervene    50 


GENERAL  INDEX.  899 

PETITIOX  —  Continued.  page 

that  bond  of  petitioners  be  increased 113 

to  vacate  adjudication 90 

for  service  by  publication 92 

to  amend  petition 95 

order   dismissing,   etc 76 

to  transfer  proceedings  to  another  district 98 

for  appointment  of  receiver 105 

same,  after  adjudication,  etc 116 

to  reduce  receiver's  bond 120 

to  retain  counsel,  by  receiver 121 

by  receiver  to  continue  business 124 

by  receiver  to  discharge  liens 126 

of   receiver's   attorney   for   allowance 142 

to   issue   receiver's  certificates 151 

for  appointment  of  ancillary  receiver 159 

to    amend    schedules 181 

to  review  order  on  exemptions 185 

for  meeting  to  consider  compromise 194 

for  meeting  to  indemnify  trustee 197 

that  bankrupt  turn  over  assets < 198 

to  reconsider  attorney's  fee 204 

to   review   referee's   order < 208 

for  appointment  of  appraisers 218 

of  appraisers  for  allowance 220 

for  redemption  of  property  from  lien 231 

for  protection  from,  arrest 4, 232 

that  proof  of  debt  be  reconsidered 260 

for  payment  of  priority  claims  and  schedules 273 

^--.for  leave  to  reject  assets  as  burdensome 29S 

by  trustee  for  leave  to  continue  business  of  bankrupt ^ 293 

for  leave  by  trustee  to  sue 304 

of  attorney  for  trustee  for  an  allowance  and  for  additional  compensation....  328 

for  removal  of  trustee 311 

by  receiver  for  examination    (see.  21-a ) 333 

by  trustee  for  order  of  examination 340 

that  marshal  produce  prisoner  for  examination 342 

that  witness  sign  testimony 351 

for  leave  to  obtain  ancillary  order  of  examination 353 

for  ancillary  examination 355 

for  appraisal  and  sale  before  adjudication ^ 363 

for  appraisal  and  sale  after  adjudication,  etc 307 

by  receiver  for  sale  of  perishable  property 372 

for  private  sale  by  trustee 374 

for  sale  at  auction  of  real  estate 376 

for  sale  of  perishable  property  without  notice 378 

for  sale  subject  to  lien 380 

for  sale  free  and  clear  of  liens 385 

to   confirm    sale 394 

to   vacate   sale 399 

for  an  injunction  other  than  against  suits 404 

to  modify  restraining  order 416 

of  bankrupt  for  discharge 421 

to   amend   specifications 446 


900  GENERAL  INDEX. 

PETITION  —  Continued.  page 

for  extension  of  time  to  apply  for  discliarge 457 

to   revoke   discharge 460 

for  meeting  to  consider  composition 470 

to  deposit  money  for  composition 475 

to   confirm   composition 479 

to  set  aside  a  composition 494 

to  reclaim    409 ,   505 

to   reopen    estate 540 

for  writ  of  habeas  corpus 600 

for  writ  of  mandamus 603 

for  appeal  to  Circuit  Court  of  Appeals   from  order  denying  a   discharge  or 

allowing   a   discharge 612 

to  restore  appeal  to  calendar 633 

to  review  under  section  24-b 638 

to  review,  notice  of  filing 646 

for  appeal  from  a  circuit  court  of  appeals  to  the  Supreme  Court  of  the  United 

States     649 

for  writ  of  error  from  the  Supreme  Court  of  the  United  States  to  a  circuit 

court  of  appeals 652 

for  writ  of  certiorari  to  remove  a  cause  for  review 656 

PETITIONING  CREDITOR: 

bond   of .' 104,  111 

who  may  be 34,  35,     36 

right  to  withdraw 36 

who  may   be   estopped 36 

one   creditor    as 47 

petition  to  increase  bond  of 113 

order  denying  petition  to  increase  bond  of 115 

affidavit  to  list  of  creditors,  prepared  by 87 

petition  for  allowance  by  attorney  for 543 

PLEADINGS:      (See  Petition,  Suit,  Trustee,  etc.) 

POWER  OF  ATTORNEY:      (See  Letter  of  Attorney.) 

PRAECIPE 626 

PRECEDING   SIX  MONTHS: 
meaning    of    20,     44 

PREFERENCE:      (See  Suit,  Trustee,  Act  of  Bankruptcy,  etc.) 

PREFERENTIAL  TRANSFER:      (See  Suits,   Trustee,  Acts   of   Bankruptcy,   Dis- 
charge. ) 

PRINCIPAL  PLACE  OF  BUSINESS: 

meaning   of 44 

PRINTED  RECORD  ON  APPEAL: 

order  amending  and  directing  printing 632 

PRIORITY : 

claim    for   wages 251 

petition  to   pay 273 

order  directing  payment  of 279 

what  claims   entitled   to 273-278 


GENEEAL  INDEX.  901 

PRIVILEGED  COMMUNICATIONS:  page 

meaning    of 33g 

PROCEDURE : 

time  table  of 876-S7T 

PROCESS:     (See  Subpoena,  Summons.) 
PROMISSORY  NOTE: 

complaint  upon    553 

PROOF  OF  CLAIM: 

notice   of    defective ISO 

unsecured    235 

secured    241 

due  corporation    244 

by  partnership    245 

by  agent  or  attorney 247 

of  secured  debt  by  agent  or  attorney 248 

proof  of  debt  by  municipality  for  taxes  and  notice 249 

priority  claim  for  wages 251 

by  trustee  in  bankruptcy 252 

objections  to   25^ 

petition  to  reconsider 260 

order  for  re-examination  of  claim 262 

notice  to  claimant  thereon 263 

order    to    show    cause    why    claim    should    not    be    reconsidered,    reduced    or 

expunged 264 

order  reducing  or  expunging 265 

order  allowing    266 

order  for  liquidation  of  claim 272 

petition  to  review  order  rejecting 280 

petition  for  payment  of  priority  claims  and  schedules 273 

petition  that  all  claims  to  securities,  etc.,  be  presented  and  referred 281 

order  to  show  cause  thereon 283 

"  Omnibus "  order  referring  claims  to   securities,   etc.,  to   special  master  for 

determination 285 

PROPERTY : 

bond  in  reclamation  proceeding  for  possession  of 510 

PROTECTION  FROM  ARREST: 

petition  for   232 

order  of    233 

PROVABLE  DEBTS :      TSeTProof  of  Claims.) 

what  are    266-271 

PROXY:      (See  Letter  of  Attorney.) 

PUBLICATION': 

petition  for  service  by 92 

order  of    "^ 

affidavit   of    169 

notice  for  on  bankrupt's  petition  for  discharge 426 


902  GENERAL  INDEX. 

PURCHASER:  PAGE 

complaint  against  defaulting,  for  deficiency  upon  resale 536 

R 

REAL  PROPERTY:      (See  Sale.) 

trustee's  deed  to    390 

REASONABLE  CAUSE  TO  BELIEVE: 

meaning  of  568,  569 

RECEIVER : 

petition  for  appointment  of 105 

order  appointing    107 

consent  of  bankrupt  to  appointment 110 

bond  of  petitioning  creditor HI 

petition  for  appointment  after  adjudication 116 

order   appointing   after   adjudication 117 

bond   of    118 

petition  for  retention  of  counsel  by 121 

order  authorizing  retention  of  counsel  by 123 

petition  by,  to  continue  business 124 

order  authorizing,  to  continue  business 125 

order  to  complete  contracts 128 

affidavit  for  leave  to  begin  action 12!> 

order  authorizing,  to  begin  action 130 

order  permitting  to  join  in  petition 131 

order  permitting  suit  against 132 

order  directing  delivery  of  assets  to  trustee 133 

report  of    134 

account  of,  and  oath 137 

notice  of  hearing  upon  account  of 140 

objections  to  account  of 141 

petition  of  attorney  of,  for  allowance 142 

order  vacating  appointment  of 149 

petition  for  appointment  of  ancillary 159 

order  appointing  ancillary 162 

petition  by,  for  examination  under  Sec.  21-a 333 

RECEIVER'S  CERTIFICATES: 

petition  to  issue 151 

order  authorizing  issuance 152 

form  of 156 

answer  of  lienor  to  application 155 

RECLAMATION : 

demand  in   408 

petition  to  reclaim  because  of  false  representations 499 

petition  to  reclaim  consigned  goods 50.1 

notice  of  motion  thereon 504 

answer   in    509 

bond  in,  for  possession  of  property 510 

order  of  reference  to  special  master 51.3 

report  of  special  master 514 


GENERAL  INDEX.  903 

RECLAMATIOX  —  Continued.  cage 

judgment  in,  for  delivery,  etc ol3 

bill  of  costs  and  notice  of  taxation 517 

when  right  of,  exists   502,  503,  504 

when   denied    502 

RECOGNIZANCE:   (See  Bond,  Xe  Exeat.) 

RECORD: 

on  composition.  Southern  district  of  N.  Y 483 

on  appeal,  stipulation  as  to G25 

on  appeal,   order    amending 631 

on  appeal,  order  amending  printed,  and  directing  printing 632 

REDEMPTION  OF  PROPERTY: 

petition  and  order  for,  from  lien 231 

REFEREE:      (See  Trustee,  Review,  Examination,  etc.) 

oath  of   office 165 

bond   of 165 

appointment  of  trustee  by 175 

certificate  of  indemnity 230 

certificate  of  disqualification 216 

order  substituting    217 

certificate  of,  on  discharge 427 

certificate  of,  on  application  for  extension  of  time  to  apply  for  discharge 458 

certificate  of,  on  composition 482 

report  of,  to  clerk  for  attorney-general 551 

REFERENCE : 

order  of    69 

order  of,  in  judge's  absence 72 

order  of,  in  reclamation  proceedings 513 

REMOVAL: 

of  trustee,  petition  for 311 

order  to  show  cause  thereon 311 

order  for  removal  of  trustee 313 

RE-OPENING  ESTATES : 

petition  for    540 

REPORT : 

trustee's  first    201 

of  exempt  property  by  trustee 292 

exceptions  to  same 293 

order  allowing  exemptions  on 294 

and   final   account 321-323 

final 331 

of  special  ma.ster  on  specifications  of  objection  to  discharge 452 

of  special  master  on  specifications  of  objection  to  composition 492 

order  rejecting  composition  upon 493 

of  referee  in  bankruptcy  to  clerk  for  attorney-general 551 

of  receiver   134 

of  special  master  on  receiver's  account 143 

notice  of  motion  to  confirm 145 


904  GENERAL  INDEX. 

REPORT  —  Continued.  PAGE 

order    confirming    14'j 

notice  to  trustee  to  file 17S 

of   appraisers    211) 

RESIGXATIOX  OF  TRUSTEE 314 

RESTRAIXIXG  ORDER: 

petition  for  otlier  than  against  suits 404 

order  to  sliow  cause  for 405 

form    of    406 

affidavit  to  stay  sale,  etc.,  of  mortgaged  chattels 414 

to  stay  suit   (supplementary  proceedings) 413 

form  of  to  stay  suit 412 

petition  to  modify 416 

EE-SALE: 

order  for  upon  default  of  purchaser 398 

Return:      (See  Marshal.) 

REVIEW: 

petition  to,  referee's  order 208 

petition  to,  under  See.  24-b 638 

REVOCATION: 

of  discharge,   petition   for 460 

of  discharge,  order  on 461 

RULE  TO  SHOW  CAUSE: 

for  contempt,  answer  of  bankrupt  to 534 

RULES  IX  BANKRUPTCY: 

of  Alabama 850-858 

of  California,  Northern  District 872-873 

of  California,  Southern  District 874-875 

of  Colorado 841-843 

of  Connecticut 776-780 

of  District  of  Columbia,  Sup.  Ct 810-818 

of  Illinois,  Northern  District,  Eastern  Division 826-829 

of  Indiana 824-825 

of  Louisiana,   Eastern   District 859-866 

of  Maryland 806-809 

of  Massachusetts    773-775 

of  Missouri,    Eastern   District 830-837 

of  Nebraska 838-840 

of  New  Jersey    781-792 

of  New  York,  Eastern  District 757-762 

of  New  York,  Northern  District 749-756 

of  New  York,  Southern  District 739-748 

of  New  York,   Western   District 763-772 

of  Ohio,  Southern  District 819-823 

of  Oregon 870-871 

of  Pennsylvania,    Eastern    District 793-794 

of  Pennsylvania,  Western  District 705-800 

of  Pennsylvania,  W.   D.,   Allegheny   Co 801-805 

of  Texas,  Northern  District    844-849 

of  Washington,  Western  District,  E.  D 867-869 


GENERAL  INDEX.  905 
S 

SALE :  PAGE 

petition  for  by  receiver  before  adjudication 3G3 

order   for   before   adjudication 364 

petition  for  by  receiver  after  adjudication  upon  sealed  bids 367 

order  thereon    369 

notice  of  by  receiver 370 

notice  of  upon  sealed  bids 371 

petition  for  by  receiver  of  perishable  property 372 

notice  of  by  trustee 373 

petition  for  private,  by  trustee 374 

order  for  private 375 

petition  for  at  auction  of  real  estate 376 

order  for  at  auction  of  real  estate 377 

petition  and  order  for,  of  perishable  property  by  trustee  without  notice 378 

petition  and  order  for,  subject  to  lien 380 

petition  for,  free  and  clear  of  liens 385 

notice   of  motion   thereon 388 

order  directing,  free  and  clear  of  liens 390 

petition  to  confirm    394 

order   confirming    395 

memorandum   of   "  Terms "  of 383 

order  to  show  cause  to  vacate 401 

SALESMEN,  TRAVELLING: 

entitled  to  priority e 274 

SCHEDULES: 

debtor's 5-18 

order  directing  bankrupt  to  file 86 

petition  to  amend 181 

order   amending    182 

oath  to  by  creditors 87 

admissibility  of,  in  evidence - 22 

official  must  be  used 21 

verification  of   22 

aflBdavit  to  punish  bankrupt  for  failure  to  file 84 

SECURED  CREDITORS: 

proof  by 241 

what  are  construed  as 242 

SECURITY   FOR  COSTS: 

demand  for  from  trustee  plaintiff 317 

order  requiring  trustee  to  furnish 318 

SERVICE:      (See  Marshal,  Subpoena,  Summons.) 

by  publication,  petition  for 02 

by  publication,  order  for 94 

SHERIFFS: 

rights  of,  on  attachment  or  execution 523 


906  GENERAL  INDEX. 

SPECIAL  COMMISSIONER:  page 

petition   for   examination  before 333 

order   thereon 335 

subpoena  to  appear  before 344 

SPECIAL  MASTER: 

order  referring  issues  to 77 

notice  of  hearing  before 78 

report  of  on  receiver's  account 143 

order  of  reference  to,  on  specifications  of  objection  to  discharge 449 

notice  of  hearing  on  same 450 

report   on   same 452 

order  of  reference  to,  in  reclamation  proceedings 513 

report  of,  on  reclamation  proceeding 514 

SPECIFICATIONS:      (See  Discharge,  Composition.) 

affidavit  that  none  have  been  filed 431 

STATE  COURT: 

affidavit  of  trustee  to  intervene  in  action  in 307 

order  allowing  trustee  to  intervene  in  action  in 308 

STAYS:      (See  Restraining  Orders.) 

STIPULATION : 

as  to   record  on  appeal , 625 

SUBPOENA: 

to  alleged  bankrupt 47 

marshal's    return    thereon 47 

petition    for   issuance 340 

duces    tecum 347 

to  appear  before  special  commissioner • 344 

ticket 345 

SUBSCRIPTIONS  TO  STOCK: 

petition  for  leare  to  levy  assessment  for £86 

order  directing  assessment  for 5S9 

complaint  by  trustee  for 590 

SUIT: 

affidavit  by  receiver  for  leave  to  begin 129 

order  authorizing  receiver  to  begin 130 

order  permitting  against  receiver 132 

petition  for  leave  by  trustee  to  bring 304 

order  granting  leave  to  bring 305 

affidavit  to  intervene  in 307 

order  staying    412 

SUMMONS : 

to   appear   before   referee 346 

return  of,  to  witness 34i) 

SmiMARY  JURISDICTION:      (See  Suit,  Trustee.) 


GENERAL  INDEX.  907 

SUMAIARY  STATEMENT:  page 

in  schedules 18 

SUPERSEDEAS:      (See  Bond.) 

SUPREME  COURT  OF  THE   UXITED  STATES: 

petition  for  appeal  to,  from  a  circuit  court  of  appeals 649 

order  allowing  appeal  from  a  circuit  court  of  appeals  to 6.V2 

petition  for  writ  of  error  from,  to  a  circuit  court  of  appeals 6.52 

notice  of  application  to,  for  writ  of  certiorari 658 

motion  for  writ  of  certiorari  from,  to  a  circuit  court  of  appeals 659 

writ  of  certiorari  from,  to  a  circuit  court  of  appeals 6t)0 

T 

TAXATION  OF  COSTS: 

notice  of,  etc.,  in  reclamation 517 

TAXES: 

priorty    of 276 ,  277 

TEMPORARY  INJUNCTION:      (See  Restraining  Orders.) 

TEMPORARY  RECEIVER:      (See  Receiver.) 

TESTIMONY:      (See  Examination,  Witness.) 

TEXAS: 

rules  in  bankruptcy  N.  D 844-849 

TIME: 

to  answer,  order  extending 67 

petition  for  extension  of,  to  apply  for  discharge 45-8 

order  for  extension  of,  to  apply  for  discharge 459 

TIMETABLE  OF  PROCEDURE: 

convenient 876-877 

TRANSCRIPT  OF  RECORD:      (See  Appeals,  Petition  to  Review,  etc.) 

TORT: 

claim  for,  not  provable 268 

nor   dischargeable 442 

TRIAL: 

demand  for  jury ^*'-'> 

order  for  jury 6.> 

notice    of ^'** 

TRUST : 

complaint  to  declare  secret 571 

TRUSTEE: 

appointment  of  by  creditors 1 '  2 

appointment  of   by   referee !"•> 

notice  to,  of  appointment 17(» 

order  approving  bond 1 '  ^ 

order  that  none  be  appointed 177 


908  GENERAL  INDEX. 

TRUSTEE  —  continued.  page 

notice  to  file  report 178 

order  to  transfer  copyright 193 

order  passing  account  of 227 

bond  of 289 

first  report  of 291 

report  of  exempt  property 292 

report  on  exemptions,  exceptions  to 293 

order  allowing  exemptions  on  report  of 294 

petition  for  leave  to  reject  assets  as  burdensome 297 

order  authorizing,  to  reject  assets  as  burdensome 298- 

petition  by,  for  leave  to  continue  business  of  bankrupt 295 

order  upon  same 29ft 

bill  of  sale  of  personal  property  by 299 

deed  to  real  property  by 30O 

affidavit  uj)on  assessment  for  personal  taxes  against  estate 301 

notice  of  adoption  of  lease  by 303 

petition  by,  for  leave  to  sue 304 

order  granting  leave  to  sue 305 

affidavit  by,  to  intervene  in  State  Court  action 307 

order  allowing  trustee  to  intervene 308 

order  directing,  to  abandon  legal  proceedings 309 

order  ratifying  acts  of 310 

petition  for  removal  of 311 

order  to  show  cause  on  same 311 

order  for  removal  of 313. 

resignation    of 314 

order  for  choice  of  new .' 315- 

demand  for  security  for  costs  from  trustee  plaintiff 317 

order  requiring,  to  give  security  for  costs 318 

return  of  no  assets 320 

report  and  final  account  of 321-323 

oath  to  final  account  of 323 

exceptions  io  account  of 325 

final   report  of 331 

order    discharging 332 

petition  by,  for  order  of  examination 340 

sales  by,     (See  Sales.) 

u 

UNrNTCORPORATED  COMPANIES: 

may  be  adjudged  bankrupt 34 

UNITED  STATES  COMMISSIONER:      (See  Special  Commissioner,  Depositions,  etc.) 

UNLIQUIDATED  CLAIMS: 

what    constitutes 271 

UNSECURED  CREDITOR: 

proof   by 235 

V 

VERIFICATION: 

of   schedules 22' 

of    petition 37,  38 

of   specifications 435 


GENERAL  INDEX.  909 

VOLUNTARY  BANKRUPT:      (See  Bankrupt,  Petition.)  page 

VOLUNTARY  PETITION: 

debtor's 4 

by    corptiration 23 

VOTERS : 

at  creditors'  meeting 173,  174 

w 

WAGE  EARNER: 

defined 274 

may  not  be  adjudged  an  involuntary  bankrupt 34 

priority  of  claim  of 274,  275 

WAGES : 

definition 274 

WAIVER:      (See  Exemptions.) 

WARRANT: 

to  marshal  and  return  thereon 102 

WASHINGTON: 

rules  in  bankruptcy,  Western  district,  E.  Div 867-SG9 

WIFE: 

examination  of.     (See  Examination.) 

claim    of     259,  260 

WITNESS:      (See  Examination,   Contempt,  Depositions.) 

certificate  of  default  of 214 

return  of  summons  to 349 

examination    of 350 

right   to  counsel 336 

service  on.     (See  Subpoena.) 

WRITS : 

petition    for    writ    of    error    from    Supreme    Court    to    a    Circuit    Court    of 

Appeals    652 

of  error  from   Supreme   Court  of  the  U.   S.  to  a  Circuit  Court  of   Appeals.  653 

of  habeas  corpus 602 

of  mandamus,  petition  for   603 

of  certiorari  to  remove  a  cause  for  review 660 

of  certiorari,  notice  of  application  to  the  Supreme  Court  for 658 

of    certiorari    from    the    Supreme    Court    to    a    Circuit    Court    of    Appeals 

motion   for 660 

of  ne  exeat 596 


TOTAL  NUMBER  OF  PAGES  IN  THIS  VOLU^IE  963. 


Library 

Roland  H.  Mnlford 

Los   Angeles 


LAW  LIBRARY 

TOIVERSITV  OF  CMTB^ICSIS 
LOS  ANGELES  ' 


HAGAR   AND   ALEXANDER'S   BANKRUPTCY    FORMS 

SECOND  EDITION 

ERRATA  AND  ADDENDA 

Pa<i;e  (U9,  insert  at  bottom  of  page:  , 

See  Act  ot  Sept    (5.  IDlti.  di.  44S.  §  (i.  and  Act  of  Jan.  2S,  1915.  restricting  appeals 
to  Supreme  Court. 


Page  (554,  line  21,  insert  after  figures    •  11.33  ": 

See  Act  of  Jan.  28.  1915.  38  Stat,  at  L.  803,  804.  cli.  22.  restricting  writs  of  error 
fo  Supreme  Court;    also   Act  of  Sept.  6,    1916.  cli.  448,   §   6. 


Page  (557,  line  15.  insert  after    'Chap.  22": 

Act  of  Jan.  28.  1915,  restricting  appeals  and  writs  of  error  to  Supreme  C^ourt; 
see  also  Act  of  Sept.  (5.  191(5.  cli.  448,  §  (5.  and  Supreme  Court  Rule  Xo.  37,  part  4'. 
as  amended  June  12,  1916. 


Page  (SSO.  bottom  of  page,  insert  as  follows: 

See  Act  of  Jan.  28,  1915.  38  Stat,  at  L.  803,  804.  ch.  22,  virtuallv  repealing  Sec. 
25b. 


Page  72(5,  line  1,  insert  after  word    ■  treasurer"  the  following  clause: 

If  the  treasurer  or  corre.sponding  officer  is  not  within  the  district  wherein  the 
bankruptcy  proceedings  are  pending  the  deposition  may  be  made  by  some  officer 
or  agent  of  the  corporation  having  knowledge  of  the  facts. 


Page  735,  line  34: 

See  Act  of  Jan.  28,  1915,  38  Stat,  at  L.  cli.  22.  pp.  803,  804,  restricting  appeals 
to  U.  S.  Supreme  Court. 


Pago  762,  line  15  [Publisher's  NoteJ  : 

Following  amendments  have  been  made  to  Rules  of  Eastern  District  of  Xew  York 
under  date  of  Dec.  5,  1916,  after  publication  of  the  book: 

By  order  of  this  court,  Bankruptcy  Rules   11,  12  and   16  were  repealed  and  the 
following.  Rule  11,  adopted: 

In  cases  where  no  assets  appear,  or  wliere  no  exemptions  are  claimed,  with 
respect  to  property  of  which  a  trustee  might  take  pliysical  possession,  or 
where  no  creditor  ojjposes  the  Ijankrupt's  claim  of  exemption,  if  any  proof  of 
debt  has  been  tiled,  the  referee  will  not  appoint  a  trustee  while  those  con- 
ditions are  unchanged.  Such  a  case  shall  not  lie  closed  (otlier  than  to  furnish 
a  certificate  to  the  liankrupt  as  to  compliance  with  the  statute)  xuitil  the 
ajiplication  for  discharge  has  cdiiu'  before  the  couit  or  the  year  for  such 
application  has  elapsed. 


Page  877.   insert   at    lioltoni  of  page: 

In  appeals,  writs  of  error  and  certiorari  in  Supreme  Court  note,  however, 
restrictions  and  changes  brought  about  by  Act  of  Jan.  28.  1915.  38  Stat,  at  L.  ch. 
22,  pp.  803.  804,  and  Act  of  Sept.  6,  191*6,  ch.  448,  §  6,  and  Supreme  Court  Rule 
Xo.  37.  part  4,  amended  -luiie  12.  191(5. 


D     000  315  342     6 


Lib.  .;.  V 
Rolanc  H.  Ma  i 
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